Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1837-03-16

iumns. II this time. impose upon u, the duty
OF applying the ~sii~m N psrvs principle in
every possible case.
Exivsets FROM Col Jsnss ". .Nsso~', Ltt., q.
B'sTion Dsrs~psrt. E,q.
lou ask Tor my opinion hrst upon the power
OF Congress "io abolish slavery in the Ds,ric,
oi Coiumbia-or in the Sta;esl"
SO lar ss my observation has extended. I
am NOT aware that any, even the most rockies.
fanatic, has asserted an authority In Congress,
by direct legislation, to abolish slavery IN ,h-
Stsiss-nor should I fear any danger 10 our
institutions, from an assault so open. n ha,
oeeh assumed, however, that Congre. NAV
'lshuuIiy extend indirect aid to the abolition
" slavery IN the States, by appropriation. Of
money inviting emancipation for deporta-
hon Of sla'os, TO be eolonizsd IN Africa NV
opinion -, that u has no power whatever over
ee subJrct-eiiher by direct interference or
indrecuy. by Appropriation of money. Upon
the FORMER branch Of this enquiry, though
presenting the subject IN a different view. nv
MIND Is equally settled. can see no r.ow,r
IN Congress, under the Constitution, to abolish
slavery IN the District Of Columbia
fou ask next. a. to the power Of Congress.
TO charter Bank Of the United states-or
one with banking privileges IN the several
States"
NV opinions on this subject have never been
shaken. do not believe that Congr,,. Ia.
auy power TO charter such a bank and I do
believe that the creation Of such a corpora-
Ton Is not only In deroga,ion Of the right, of
The States, but that its existence is frausbt
WIN DANGER To The Institutions and To the L.
berries Of the country
"To appropriate money for internal i'm
pro'ement-Or TO make ruads aud canal,
through the States, with or without their per-
ms ,ou "
There ~ no power in Congress a. I under
>''hd The constitution. either To- make such
improvements within the States by us own
'u'h"rhy, or appropriate money IA AID Of such
works. IA tie hands of Others; nor can N.
consent Of the States interested confer IA.
power, or IA any way remove the constitution
al objection.
Again; You ask as 10 the power Il Con-
x'ess TO raise money for any other purpose
thrn the nects>ar, demands uf an economical
administration Of the government" ",r 10
rsise money hy tariff of duti-- f.r the pur.
pos" OF distribution amongst the states -
The power OF Congress To rails. money nv
taxation u unlimited ~ To anount-bn II !,
UNITED, clearly and strictly Limited, IN the .
"'Jeob OF expenditure IN other words, tie ,
purposes for which the money - To hc raised.
being declared by the CONSTITUTE -. It /, no,
lawful 10 rai>e money for any other purpose.
or more than II justly required for IL. pur-
poses 40 Indicated
" this construction he correct Congress car
hN'e u" power To raIse a revenue by duties ar
Tor the purpose of beng again DIS.
irihuaed amongst the States. such source Of
ext" nditure beng nowhere Authorised by the
Constitution.
Upon the Fright Of instruction" another
subject Of your enquiry, have never doubted.
" lies al the fUuhdstion of all popular yo.
'e'nmeht. ia the onl, form In which su, n 90
'rrnneni can be ahmini-tercd hy represent.
"iNeS The representative j, bound o. o,.ey
The will of hI> commitments, ia whatever mar.
nrr made known To- him.
Your last enquiry il for nv opinion ..of the /,
'-pa'f' trial and condemnation by the pned
states senate OF General Jackson. for remo,-
ing the public money from the Bank Of the L. +
States
he President IL made by the Constitution
a r"-o'dinn's branch of the Go,ernmeut
- The executive power" a high and ,,paraf, /
trust. - vested IN him-and within the sphere
OF duties. or ~ the exercise II power thus
committed To hun, ~ n perfectly indie pendent !
oI eIther House Of Congress a. that BODY il ?
81 the Executive. IL follows, that the Prcsi-
dent, frr any act ~h,ch he may do. m the adj /
minIStration Of his share Of the common trust
tuhIess such act lee an improbable offence /.
- subject 10 no Interference or control by
either House Thus reasoning. I have always
looked upon the resolution Of the senate. 10
which you refer Il may retoTt n portion Of
It' own language, a. assuming" Tor the Sc
nate authority and power not warranted by
the Constitution - the common charter
OF power. both TO the President and TO the Sc
nate and neither ran find it, warrant Their.
To censure, much less TO condemn and IN do
nOuDce the other.