The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1839-01-31

the hall OF session. or various other expenditures Of
similar character be considered necessary" in
cdenls 10 The power Of making laws. Yet, 10 these
aud TO similar objects have the funds OF the United
States been freely applied tevery successive session
OF Congress without question as 10 the constitution
aily Of the application.
Ii would he yet more difficult TO reduce under the
specific accessory powers Of Congress, the liberal
donalon to the wIetched sufferers Of Venezuela the
employment of our in the useful and interest
ing enterprise 10 the Pacific.
The bouuties allowed for the encouragement OF the
fisheries form another expenditure that does not fall
under any Of the powers granted by the constitution.
Nor could be fairly considered nlenable from
the powers granted upon the strict principles sometimes
commended for The same objections would apply TO
actual bounties paid TO manufacturers for their
ragcment and to the indirect encouragement given to
them, and which operates bounty TO class Of the
community, and as tar upon the rest These and
variety OF other appropriations only be justified upon
the principle, that the general clause IN question has
vested 10 Congress discretionary power TO use for
the general welfare" the funds which they auho-
rizcd to raise. ...
Nor is there any danger that such power will be
abused while the vgor of representative responsibility
remains unimpaired 1t is this principle that the
trainers OF the constitution mainly relied for the proec-
ton oil the public purse. IL n safe reliance. Ii
manifest that there other subject which
representative responsibility would be great On the
other hand while this principle calculated TO pre-
vent abuses OF the appropriations OF public moneyt was
equally necessary to give extensive discretion TO the
legislative body IN the disposition Of the since
no human foresight could discern, nor human industry
enumerate, the infinite variety Of purposes which the
public money might advantageousy and eglimaiey be
applied. The attempt would have been 10 egisidtc,
not 10 frame constitution to oresee and provide spe-
officially for the OF future generations frame
rule OF conduct for the legislative body. Hence pro-
ceeds the Of this general phrase in relation TO the
purposes TO which the revenues may be applied whilst
the trainers of the instrument in the clause which con-
cudes the enumeration OF porers, scrnpuonsly avoid
the Of so comprehensive expression, and conhne
themselves to the grant Of such incidental power as
might be both necessary and proper TO the exercise
Of the specified powers =..
Nor Is il conceived that this construction of the
constitution is calculated 10 give that unlimited ex-
tent to the powers OF the federal government, which
by some seems TO have been appropriated
There is a distinction between the power TO appro-
pirate money fora purpose, and power TO dothe act
for which it is APPROPRIATED and if So The authority
70 appropriate money "for the general welfare does
not by fair construction extend the specified or Incl
dental powers of government. Thus, in the case I'M
der consideration If the power TO make road or dig
a canal is not given, the power OF approprialing
money cannot confer it, however generally II may
be expressed Ii there were no other limitation, the
rights of the respective States, their soil and
territory would operate as restriction.
While this appears 10 be safe well as fair con-
sructon OF the constitution, il is also that which
has been ically given TO il since the origin of
the government. OF this, the instances already men
toned, furnish evidence, and it is apprehended
| that, upon the rigid principles of construction
asserted both in regard 10 the enumeration of powers
and the appropriation OF revenue the ofthe fede
raj government, including all its branches, will ex
hibit continued series Of violations OF the consti-
tuton from the first session after its adoption, 10 the
present day. -.. ..as
1t would behove us to turn over the statute book
and deliberately examine, how, upon these prnci
Piles, the laws giving bounties TO fishermen, encou
raging ma luactutes, establishing trading houses
with The Indians erecting and nslructing beacons
piers, and lighthouses, purchasing libraries adorn-
ing with paintings the chamber of Congress- giving
char ty to suffering foreigners constructing roads
through the different States, and establishing banks
can be reconced TO the provisions of the consu-
ton. If as has been remarked by high anthority,t
| the constitutional question can be "precluded by
repeated recognitons, under varied circumstances
of the validity" of the exercise of the power by Con
gresS, in acts of the legislative executive and ud
cial branches Of the government accompanied by
| Indications in different modes, Of concurrence of
the general will Of the nation" the advocates for
these powers in the general government can find
] little difficulty in supporting The pretenSion.
| From all these Considerations your commit
tee submit their opinion, that Congress has
| the constitutional power to construct roads and
canals through the several States, nth the assent Of
tie States on such terms as may be agreed on, lear
ing the juridctional rights in the States respectively.
To these and other national improvements, which
may be found to be within the constitutional powers
of the government they think it advisable that the
interest of the government in the Bank of the u s..
should be appropriated They forbear to give greater
length to this report by charging on the important
advantages to be derived from these internal i'm
provements. They also forbear at this time TO offer
the details oil any plan upon the subject, presuming
it most pro to obtain The sense of the House of
Representatives in the first instance, the general
proposition For this purpose they respectfully sub
nit the following resolution:
"Resolred, That in order TO promote and give Sc
curly to the internal commerce among the several
S,ates to facilitate the safe and expeditions
portaon of the mails, BY the improvement of post
roads, with the assent of the respective States, to
render more easy and less expensive, the and
provisions necessary, tor the common defence, by
the construction of military roads, with the like as
sent respective States and for such other inter-
nal improvements as may be within the constitution
al powers OF the general government, it is expedent
that the sum TO be paid 10 the United Staes BY the
10Th section of the act TO incorporate the subscribers
to the Bank of the United States and the dividends
which shall arise from their shares in its capital
stock be constituted as fund for internal improve
ment.
The MESSAGE of the president in 1914 returning