The Madisonian. [volume] (Washington City [D.C.]) 1837-1845, 1839-02-02


| reign hostility With navy yet insufficient TO
sure the safe conveyance, coastwse Of troops of inn
| pemenls of war, and military stores and destined
| to contend with an enemy whose command of the
sea, enables them TO assai In rapid succession, the
most distant positions we have been compelled from
the want of an internal water communication TO en-
counter the most wasteful extravaganza in the trans
portalion Of the means of defence. From the same
cause the internal trade between the states has BEEN
! during war, trammelled and embarrassed, and even
cut of; and the productions Of one portion OF the
community have rotted on their hands, while distant
parts oflhe United States we're suffering for the want
| OF them.
is true that the of the union cannot confer
power under the constitution but they may justly be
/ touched upon as atording aid in its construction
! They must have been clearly foreseen, and must
have been supposed 10 be provided for II the power
to carry ON war implies the necessary and pro-
per- means OF conducting il 10 safe and prosperous
! issue, and if without the use of these means the
burdens, and the privaons, and the mseries of war
are to be indefinitely increased and its issue (aways
doublful) rendered yet more precarions and uDpros
porous are we not justified in presumng these
10 have been contemplated being vested in the ge-
neral government are we not justified in asserting
! this necessary power--the power of constructing
roads and canals at least NTH the assent of the states
Ifyour committee have not erred in atiributing to
Congress constitutional power TO make roads and
canals either as an original accessory power it
would seem that no doubt could remain Of the right
of applying our revenues 10 those purposes. Ii in
deed the power deni d 10 the general government
| of consructng roads and canals themselves a ques-
ton might still arise, whether ii had power to APP
propriae part of the revenue aid in the construc
ton OF roads and canals by the states"
There is perhaps no part of the constitution more
unlimited than that which relates the application
of the revenues which TO be raised under its au
thorily The power is given "to lay and collect
taxes, 10 pay the debts and provide for the
defence and general welfare of the United States"
and though il be readily admitted that this clause
is only intended TO designate the objects for which
revenue isfto be raised, il cannot be construed TO
extend the specified powers of Congress, yet itwould
be difficult 10 reconcile either the generality OF the
expression, or the course of administration under
it. with the idea that Congress has not discretionary
power over its expenditures limited only by their
application to the common defence and general
welfare"
| few Of the very great variety Of instances, in
which the revenues OF the United States have been
applied to the objects not falling within the speci-
fled powers of Congress, or those which may be re-
garded incidental to them will best illustrate this
! remark.
Thus, it can scarcely be conceived, that, if con-
strued with rgor, the constitution has conferred the
power to purchase library, either specifically, as
/ a necessary" incident to legislation Still less
perhaps, the pious services of chaplain, The
purchase of expensive paintings, for ornamenting
the hall OF session. various other expenditures OF
similar character, be considered as necessary" in
cidents to the power Of making laws. Yet to these
and to similar objects have the funds Of the United
States been freely applied atevery successive session
OF Congress without question as to the constitution
atty of the application
It would be yet difficult to reduce under the
specific accessory powers of Congress, the liberal
donation to the wretched sufferers of Venezuela the
employment of our in the useful and interest
ing enterprise to the Pacific.
The bonnties 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 it be fairly considered nferrabe from
the powers granted upon the strict principles sometimes
contended for The same objections would apply TO
actual bbupties paid to manufacturers for their encou-
To tha ~
them, and which operates bounty TO class of the
community, and upon the rest. These and a
variety of other appropriations only be justified upon
the principle, that the general clause in question has
vested in Congress discretionary power to for
the general welfare the funds which they are autho-
rized to raise,
Nor is there any danger that such power will be
abused, while the ygor of representative responsibility
remains pnimpaired IL is on this principle that the
trainers of the constitution mainly relied for the protec-
ton of the public purse. II was safe reliance. 1t
was manifest that there other subject on which
representative responsibility would be great. On the
other hand, while this principle calculated to pre-
vent abuses Of the appropriations Of public moneyt
equally necessary to give extensive discretion to the
Legislative body in the disposition Of the revenues since
no human foresight could discern, human industry
enumeratc the infinite variety of purposes to which the
public money might advantageousy and egmaely be
applied. The attempt would have been to legislate
frame constitution, to foresee and provide spe-
officially for the wants of future generations not to frame
rnle of conduct for the legislative body. Hence pro-
ceeds the of this general phrase in relation the
purposes to which the revenues may be applied whilst
the trainers of the instrument the clause which
cludes the enumeration Of poxers, scrupuously avoid
the offs comprehensive expression, and con6ne
themselves to the grant of such incidental power
might be both necessary and proper TO the exercise
Of the specified powers.
Nor is it conceived that this construction of the
constitution is calculated TO give that unlimited
tent to the powers OF the federal government which
Ax, tn hnn hanx. at11
There is distinction between the power to appro-
pirate money for purpose, and power to dothe act
for which is appropriated: and if So the authority
to appropriate money 'for the general welfare" does
not by fair construction extend the specified or Incl
dental powers of government. Thus, in the case
der consideration, if the power to make road or dig
a canal is not given, the power OF appropriating
money cannot confer it. however generally it may
be expressed If there were other limitation, the
rights Of the respective States over their soil and
territory, would operate as restriction.
While this appears to be safe well as fair con-
struction of the constitution, it is also that which
has been practically given 10 it since the origin Of
the government. Ofthis, the instances already men
toned furnish evidence, and it is apprehended
that, upon the rigid principles of construction,
asserted both in regard to the enumeration of powers
and the appropriation Of revenue, the acts ofthe fede
raj government including all its branches, will ex-
hibit continued series of violations OF the const-
tuition from the first session after its adoption to the
present day. s.
1t would behove us to turn over the statute book
and deliberately examine, how, upon these princ-
pies the laws giving bounties TO fishermen, encou-
raging manufactures, establishing trading houses
with the Indians erecting and constructing beacons,
piers, and lighthouses purchasing libraries adorn-
ing with paintings the chamber of Congress, giving
charity to suffering foreigners, constructing roads
through the different States and establishing banks
can be reconciled TO the provisions of the consu-
ton. II as has been remarked by high anthority,t
the constitutional question can be "precluded by
repeated recognitions, under varied circumstances
Of the validity" of the exercise Of the power by Con-
gress, in acts Of the legislative, executive and Judi
cial branches of the government, accompanied by
Indications in different modes, of a concurrence Of
the general will Of the nation" the advocates for