Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1840-11-24
tho II 5 in Congress- assembed, shall from time TO

time direct and appoint cu
In the existing Constitution, they make the ioliow
inc part of Sec S: 1.-The Congress shall nave r,
to law and collect taxes duties, imposts ann and
nav the debts and provide for the connie" W '''e
General welfare of the United States .h .,o
h;s similarity in the of these phrases III 'he wv"
80, FEDERAL charters, might well be considered, as
s.d.,r their meaning less liable 10 be mIsconstruea
:; The Inter; because it will scarcely be sau, ta' "
a. frner they were ever understood to be either ge
ar, Grant Of power authorize the reqnisiioh OF
.nplica,on of money by the old Congress to the con"
mon defence and general welfare except III the cases
forwards enumerated, which explained ana iih'.e"
tbeir meaning: and If such the limited meaning
attached 10 these phrases in the very stiui'sh *
vised and remodelled by the present Const,,u''"'
can never be supposed that when COPIED 'no .'I -
s,;,u,iop different meaning ought 10 Dc a''a''eu "
them ,h, oc,rJv
That, notwithstanding the remarkaoie seeui,y
-, NEUTRALITY-SUSPICIOUS.. n design has been indicated
o xpound these phrases in the CONSTITUTIONS so Us !"
dss,rov the effect of the particular enuheia''o" "
powers by which it explains ana irin,'s NH. h h.ra
I'm We fallen under the observation OF tnose WI" NJ,
,,,s,j.d n the course of public transactions No'
a., nnl,;nlv nroofs on this subject VIII suice 70 re-
for 10 The Debates Of the Federal Legislature wn'ch
ARGUMENTS have different occasions oeen o'a" ,'
with apparent effect, from these phrases IN 'e mug
To these indications might be added without look
n farther the official report manufactures oy ''e
I,ie Secretary of The Treasury, made on me o'' y.
December 1871; and the report OF Coni'hia'ee "a
January, It3i OH tiie P'Nh'
cn,nre In the first of these it is expressly c"nlen'so
10 belonu uto the discretion of the Naiiohai Leg>ia
{, turc to pronounce upon the objects wh'ch e'".t'
g The general ,cei(are, and for which, ender 'nae ue
scripon, appropriation OF money IS 5oh,
81 proper And there to be no room Tor o"uo'
q o, whatever concerns the general interests OF
6 ING of AGRICULTURE, of MANufAcTrEEs' ana VI .on
" NERO are within the sphere OF Inc Na',ona' wv"
cils far regards an "fPl.e"nM y ", so Goer
The hitter report assumes the same Latitude OF power
IN The National Councils, and applies II TO Inc encour-
apement of agriculture, by means OF society 70 DC
established at the Seat Of Government Although net
ther of these reports may nave received '"e e'
of law carving it into effect yet, on the other hana
te extraordinary doctrine contained IN both, has passee
without the slightest positive marx OF d'sapptooauoh
from the authority to which II was addressed.
Now, whether The phrases in question be construed
"a authorize every measure relating 10 the common oe
fence and general welfare as contcndcd BY some or
every measure only in which there might De an opp"
cation Of money as suggested by the caution OF others
the effect must substantially be the same, IN destroying
the import and force OF the particular ehune'"t'o VI
st;tution For il is evident, that there IS not sie'e
mower whatever, which may not have some reference |"
The common Defence the general welfare; nor
mower of any magnitude, which, IN lis erc'se does
not involve or admit application OF money The
Government therefore, which possesses power IN ether
one or other of these ex,ens, Government without
the limitations formed by particular enumeration o.
powers; and equently, the meaning and effect OF
tins particular enulRcrauoU, S"Po
sition given to these general phrases
This conclusion will not be affected by any attempt
qualify the power over the general welfare, by re-
fcrrng where the general 'cedre IS beyond
the reach of separate provisions by the tndt1l0sai
States and leaving TO these their jurisdictions IN
cases TO which their separate PROVISIONS may be COM
pctent For as the authority OF the individual states
must in all he incompetent TO general regulations
operating through the whole, The authority OF the
United States would be extended to every object rea
1nu TO the general welfare, which might, BY any posi-
bility be provided for by the general authority inns
ouayinr construction, therefore, would have little, II
any tendency, to circumscribe the power CLAIMED I'M
der the latitude Of the terms general welfare.
Tie true and fair construction Of this expression,
both in the original and existing Federal compacts, APP
pears to the committee too obvious TO be mistaken In
BOTH the Congress is authorised TO provide money LOT
the common defence and general aceare. In both is
subioined to this authority, an enumeration OF the
cases, to which their powers shall extend Money
cannot be applied to the general 'cre, otherwise than
by an application of to particular measure con-
ducve to the general welfare. Whenever, therefore,
money has been raised by the general authority, and is
80 be applied TO particular measure, question arses
whether the particular be within the enuine
rated authorities vested in Congress. If it he, the
money requisite for il, may be applied tot; II 1t not
no such application can be made. THIS tar and OBJ
vous Interpretation comedies with and enforced by,
the clause in the Constitution which declares, that no
money shall be drawn from the Treasury, but IN consc
uucnce of appropriations by law. An appropriation
10 the general WoulH De oetiiieu
Their mockery than an observance OF uiis Sonsueu-
tional Injunction.
9 Whether the exposition of the general phrases
here combated would not by degrees, consolidate the
States into sovereignty, is question, concerning
which the committee perceive little room Tor DIT
ference of opinion To conso date the States into
sovereignty, nothing be wanted than 10 super
sede their respective sovercgntes IN the cases reserved
10 them, by extending the sovereignty OF the u > 10
all of the general welfare that is to say, TO all
eases nhaferer.
g. That the obvious tendency and inevitable result
of consolidation Of the States into sovereignty,
would be to transform The Republican system OF the
United States into monarchy, rs point which seems
have been sufficiently decided by the general senti-
ment of America In almost every instance OF dis
cussion, relating TO the consolidation in question,
its certain tendency TO pave the way to monarchy,
seems not TO have been contested. The prospect OF
such constellation has formed the only topic of
,rovesy. twould be unnecessary, therefore, for the
committee TO dwell long the reasons which support
the position of the General Assembly 1t may not be
improper however, 10 remark two equences, evi-
IDENTITY flowing from extension OF The Federal powers
60 every subject falling within the idea Of the genera!
welfare.
One consequence must be, to enlarge the sphere of
discretion allotted to the Executive Magistrate. Even
within the Legislative limits properly defined by the
Constitution the difficulty of accommodating legal re-
gulatons country great in extent and various
lis circumstances has been much felt and has led 10
occasional investments Of power IN The Executive,
which involve perhaps large portion Of discretion,
as can be deemed consistent with the nature OF the
Executive trust In proportion as the objects oil Legls
lative care might he multiplied, would the time allowed
for each be diminished and the difficulty of providing
uniform and particular regulations for ALL be increased
From these would necessarily cnsue greater
latitude 10 the agency of that department which IS al
ways in existence, and which could best mould regnln-
tons of general nature, az to suit them to the d-
versty o: particular situations. And 1t is in this lat
tnde as a supplement TO the deficiency OF the laws
that the degree of Executive prerogative materially
consists.
The other consequence would he, that of an exces-
sve augmentation of the offices, honors and cmoiu
ments depending the Executive will. Add 10 the
present legitimate stock, all those of every description
which a consolidation Of the States would take from
them, and turn to the Federal Government, and
the patronage of the Executive would necessarily he as
much sweled in this case, its prerogntve would be
in the other
This disproportionate increase fprerogave and pa
tronage must evidently either enable the Chief Ma
q, I'r.x., fncC he