Columbus Democrat., 1839-11-30

3 ahd uNiltQ lEcN meaning hnd ~ SaCa WAS lhV
limited meaning attached 10 thess phrases IN the
f ysry instrument revised and retnodellsd BY The
i present Constitution, 1t can never be supposed
/ that when copied INTO this Constitution differ
eut meaning ought to be attached to them.
That. Notwithstanding this remarkable security
| against miscoAsJuruen, design has been md'-
Gated TO sNpound these phrases IN the Consliu'
ton, 80 as 10 destroy he effect OF the particular
! enumeration Of powsrs by which II explains and
/ lmJts them mast have fallen under the obserVa-
/ ton Of those whS have attended to the course Of
/ public transactions. Not TO multiply proofs on
! THIS subject, 4, will suffice 10 refer 10 the debates
| Of the Federal Legislature IN which Arguments
! have on diiefenI occasions been drawn, with ap-
parent effect, from these phrases, IA their indehn-
/ tc meaning
| To these indications might be added, without
looking farther. the official report Of manulec
lures by The late Secretary of the Tfeassy, made
on the tllh Of December, lT9l and the report
of Committee Of Congress IN January 1907,
on the promotion ol agriculture. In the FIRST OF
Ihcsc It is expressly oootended 10 belong to The
/ discretion Of the National Legislature TO pro
noGnce upon the objects which concern the gene
raj welfare, and for which under that descriptions,
an appropriation Of money is requisite and proper.
And there seems TO be NJ room Tor doubt. that
whatever concerns lho general interests Of ltarn-
! lng, Of agriculture, Of manufactures, and OF com.
morce, are within the sphere oi the National
! Councils, as Tar as regards an application OF mo
! ney.' The latter report assumes The same lalii-
tude of power IN National Councils, and aPphcs
Il TO the encouragement Of agriculture BY means
Of a socic'y to br established nj the seat Of Go.
! At ~ thrf ~ -
may have received the sanction Of law cauylng
II into effect yet, on the other hand, the eNItaor
dnar doctrine contained N both has passed with
out the slightest positive mark Of dIsapprobauon
from the authority 10 which II was addressed
Now. whether the phrases IN question be con-
sTued to authorize every measure relating TO the
common defence and general welfare, as conlen-
ded by some, ot every measure only IN winch
there might be an application Of money, as sug
gested by the csuitoa OF others, the effect must
be substantially the same, IN destroying lbe i'm.
port and force OF tho particular enumeration OF
powers which follow these general phrases IN the
Constitution, For, IT Is evident lhat there ls not
a single power whatever which may not have
some reference to the common defence, OF the
general welfare nor power OF any ma 80 de,
which, 10 rs exercise, does not involve of"Wmli
an application Of money The Government,
therefore, which possesses power IN either ono VI
other OF these eItonts, Is Government without
the limitations formed by a particular enumcra-
ton Of powers and, consequently the meaning
and effect Of this poruculur enumeration Is de
stoycd by the exposition gwen to these general
phrases.
THIS conclusion VII not be affected by an al
tempt TO- qualify the power over the general
welfare" by fcIeruBg It to cases where the gene
raj welfare IS beJ ond tko reach Of separate pro-
VISIONS by the individual States and leaving 10
these then Jurisdictions ~ eases 10 which their
separate provisions may be competent. For, as
the authority OF the individual States must IN all
cases be msompetcnI TO general regulations ope.
rating through the whole tho authority Of tho Uni
ted States would be extended io every object re-
Iang TO the general welfare, which might, by any
possibility, be provided lor by the general au
thorIly This qualifying constructions, therefore,
would have htlc, If asy tendency, to clfcumscnbo
the power claimed uader the atliudr ol the tctms
general welfare"
The tue and far construction Of this expires
sion, both il The original and exlsung Federal
compacs, appears to the committee too obvious
to be mistaken In both, The Congress is author.
sed 10 provide money for The common defence
and general welfare. In both, is sublolncd TO
this authority an enumeration OF tho cases To
which theu powers shall extend. Money cannot
be applied 10 the general welfare, otherwise than
by an application ol It TO some particular mes-
sure conducive TO the general wcl.aic. NAeney-
sr, therefore, money has been raised by the re
neral authority, and IS TO be applied TO pahlcu
LAT msasuio, question arises whether lbe par
tlculaf measure be within be enumerated auIhOn !
lies vested u Congress. Ii De-, the money re-
quisi'e lor i may be applied 10 1t II It be not, no
such application can be made. This far aud Oh
,Ous Interpretation comedies With, and Is enlorc-
ed by, the clause ~ the Constitution, which de-
cafes thai :" no money shall be drawn from the
Treasury but m Consequence OF appropriations
by law" A1 appropriation Of money 70 tac &C.
neral welfare would be deemed rather a mocke.
~ lhau au observance Of ths constitutional in-
junction.
2. Whether The exposition .. the general phra-
ses here cUubdUed, would no., by degrees, con.
sohdate the States INTO ono soyrreignty s quCs-
tloa concerning which The committee can perceive
little room oT difference Of opinion. 10 cUuso- |
Jalo tue States luto one sovereignty, nothing
mDlc can be wanted Than " superseded lheu TO-
speclye sOyerelgntes ~ tho cases reserved 10
mem, by extending lhs sovereignty OF the utned
States " oil cases Vi tue "gcneral welfare, that
Is 10 say, 10 a cases whatever.
8. That he obvious tendency and inevitable
result ol consolidation OF lbe States Into one
sovereignty, would De ~ transform the KepubII-
can system oi the United States IHio a monarchy,
Is a point Which seems 10 have been sufficiently
decided ny lie general senilmen, of America.
la almost e'ory instance Of discussion relating
10 the consolidation ~ question, It's certain teg-
dency to pave the way 10 monarchy, seems not to
have been contested. The prospect Of such
constellation has formed tie oniy topic ol con.
tfoyersy. 1t would be unnecessary, therefore,