Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-08-10

INC HlllhOIlnIs OF domingo 9t, aud of those o
v eneZuelain lSl2-tor the making of the Cumberland
road-ior the voyage of Lewis and Cafkc--,he $4,000
to test the efficacy OF Fuons torpedo in 1908 O-he
$4,000 TO John Henry in lSl-the $40 millions for the
purchase Of Louisiana and the Foras beore treaty and
after treay) and countless multitude Of similar acts in
every administration from 1889 TO 1929 10 what do you
refer when speak OF the contemporancous exposons
and the early history Of the Constitution?
j. The DOCTRINES THE REPUBLICAN, PARTY
IN '9S AND '99, AND THE LUMINOUS PRINCIPLES or
MADIsoN's Report.
needs per ignes SuppoSitos cineri doioSo. know it,
ana shall therefore proceetrwiih due caution am not
aware oil solemn aud authentic repository of these
doctrines, among which the question is 10 be found
other than the report referred to- That does pro-
less to combat the construction of the Constitution which
would give TO Congress power of appropriation coex
teve with the general welfare Alter quoting the OPT
Mon of Hamilton, as have quoted it above-an opinion
which states the construction contended for with great
deneness and precision and which, Tor the sake great
er dehncncss and precision is followed by this express
disclamer-"no objection ought TO arise this
uo from supposition thatt would imply power do
whatever else should appear Congress conducive TO
"the general welIare-Madson's Report argues thus:
"Now, whether the phrase in question Ito provide for
the common defence and general wehre) be construed TO
authorize every that relates the common de-
fence and general welfare conteuded by soc eve
ry measure only in which there might be application
OF money as suggested by the caution of others, the eff
feet must substantially, be the in destroying the inn
port and force OF the particular enumeration of powers
which follow these general phrases in the Constitutions
forit is EVIDENT that there is not single power what.
ever which may not have reference TO the common
defence the general welfare; power of any mag
application of money The governments therefore. which
possesses power in either other of these extens
government without the limitations formed by partici-
lar enumeration Of pow er and, consequently the mean
ing and effect OF this particular enumeration DESTROYED
by the exposition given TO these general phrases"
Such is tho argument of the report Opposition TO the
position OF Hamilton. Under the conviction tina, should
underrae your pcrSpicaciy in Offering any upon
II, should abstain from doing that the
ment has not long since been repeated his own an rer.
6iS, the floor OF the House of Represe by dis
tinguished gentleman from Virginia (he representative
has i'm
expressly adopted by yourself have, then, merely TO
remark, that the argument is totally beside the question
The construction claimed for the Constitution is neither
that contcndcd for by some" that sugCested by the
caution of others" Ii is a constructions L repeat which
gives congress lhe mere power TO apply money in any
and every case in which its application will promote
the general wellare-a power which begins and ends
there and provides for the general interests the Union
IN multitude OF cases of the highest Importance without
touching the sovereignty jurisdiction the States over
their soil their citizens construction pivnp such
power as this to Congress is by strange msconcep
uon, metamorphosed into construction which authorizes
any measure in which there may be all application of
money, and, thus transmitted into man of straw is beat
en down with the club Of Hercules
The report however, does stop here. Having de-
moshed what false, proceeds TO up the truth as
follows:
The true and fair construction appears 10 the commit
tee too obvious TO be mistaken. Congress is authorized TO
provide money for the defence and general vel
fare Subjoned this authority is an oC tb
TO which their powers shall extend Money cannot
be applied to the general welfare, otherwise than bv an
application OF ii TO particular conducive TO
been raised by the general authority and Is TO be applied
TO particular measures question arises whether the par
tcular is within the enumerated authorities vest
ed in Congress II be, the money requisite for it may
be applied TO tiff it be rot, no such application can be
made
This is, doubtless, sufficiently clear annuncation of the
construction for which you have so long commended So
far am informed Ii the o distinct one that occur
red in the hrst thirty years since the adoption Of Tie Con-
stitulion.
have of disposition to derogatc from its lust va
lue, when remark that it given time of great
party eNcement-maHestly under the influence of a TO-
tai msconcePIion OF the opinion, which il set i'm oppo
siuon, and without the advantage previous discussion n
stimulate TO careful and accurate reflection Under these
circumstances, submit you that it ought not TO be re-
ierred TO very implicitly.
But is not absolutely certain that its distinguished au-
thor abandoned il almost Immediately after its utierancc
MIR. Madison into the government as Secretary of
Stale in arch 1901 and President 1909 lie irns
to support The Consultation of me Lfed Sfgfes
lie approved the act approprang $50 900 the relief of
the citizens Of VeneZueathe passed almost annual
ly during his administration, appropating monies to the
making oil the Cumberland road-and il was he who gave
$40 Tor the documents furnished 10y John Henry If
Mr. Madison still retained the opinion that no appIica
non oil money can be made TO any particular measures u-
less mat measure is within the enumerated authorities
vested in Congressha this construction was an OBJ
vious one is wholly inconceivable how his approval
could have been given to these
As to Mr.. Jefersons opinion, take the following speci
men OF IT. in addition 10 the mudtudes that the statute
book affords.
On the 18th of Jan 1903 before the fessio of o,;s;,
ma to The United States, he proposed in confidential
message to Congress the sending an exploring Marty to
dce INC missouri 10 It's source, TO the highlands
follow the best water communication which offered itself
from thence to the Pacific Ocean, TJen Life of Capt
Lewis prciixcd TO Lewis s. Clarke's travels D. 49, i
he objects OF this enterprise scientific and hgy
Interesting TO the general interests of the Union Con-
gross approved 1t, and passed appropatng $25OO
Tor The purpose The voyage took effect, subsequent
acts passed. for deayng the expenses of it, and for
rewartling amply the party that conducted it,
nth this alone before usRr cIerson being the
President and Mr. Madison his confidential Secretary
what are we TO when you appeal their opinions upon
The natter Give leave TO say, that there room 10
suspect some gross mistake in relation the no by Ica.
ven speech, which you have often attributed to Mr.
jefferson.
En@u VIII perhaps say, you have said very frequently
il IL ZION TO similar cases, That these not sernfu de-
I--o''s--meanng thereby, understand you that tbev
were no! made seriously. With disposition TO cricse
lnvdiousyyour msapprehension of word some
meal take your objection you intend i-bat is f,o,
these acts and decisions OF Mr. Madison and Mr.
were inadyertentno made and done de berafeIv ,nou
consideration OF the constitutional principles involved in
them. W. "
AS TO this, have little to say. ! submit TO vol-
F"St ihat 1t implies disparagemeni of these gem
temen, which is altogether inadnissibe o.
Secondly That il true, the meaning of the Constitution
Tor which you contend is not "obvous as the report
OF 99 considers il TO be; and
IHWWY aud above all, that the uniform course and
conduct OF Mr. Jefferson and Mr.. Madison from 1901 IN
oi1 III Tie discharge Of high aud responsible official d
lies, furnishes much more satisfactory guide TO their
mons nan the resolutions and report in the he
times of 0S and 90.
Looking, then to the specific provisions Of the ConsG
fon, and to all the other authorities to which Won have
peaed 1t appears TO me- TO the language Of General
hahhuon, That "ere Is for doubt tat Couoress
possesses the constitutional power make the proposed an
preparation Tor 'hc improvement OF the navigation of James
River and that MIR Tylers in relation TO the me
mn la. IL IT,