The spirit of the age. [volume] (Woodstock, Vt.) 1840-1844, 1840-12-25
VOL. /. NO. "a.

""'"' uhucI u'dt description, an appropriation OF
money is requisite and proper. And there seems
to be no room for doubt that whatever concerns
the general interests of LEARNING, of AGRIcUL-
TURE, of MANUFACTuREs, and ofcoMMERCE,
are within the sphere of the National Councils, as
far as regards an application of money." The
latter report assumes the same latitude of power in
the National Councils and applies it to the encour-
agement OF agriculture, by means of society to
be established at the Seat of Government AL
though neither Of these reports may have received
the sanction of law carrying it into effect yet,
on the other hand, the extraordinary doctrine con-
tanned III both, has passed without the slightest pos
tive mark of disnpprobator from the authority to
which it was addressed.
| Now, whether the phrases in question be con-
strued TO authorize every measure relating TO the
common defence and general welfare, as contend
ed by some or every measure only in which there
might be on application 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 enumeration Of powers which follow
these general phrases in the Constitution. For it
evident, that there is not single power what
ever, which may not have some reference TO tho
common defence, or the general welfare nor a
power OF any magnitude, which, in its exercise,
does not involve ar admit an application of money
The Government, therefore, which Possesses pow
or in either or other of these cxlents, is Gov
eminent without the limitations formed by par
tcular enumeration, is destroyed by the exposition
given TO these general phrases.
This conclusion will hot be affected by any at
tempt to qualify the power over the general well
fare" by referring it to cases where the general
,rctdre is beyond the reach of separate provisions
by the iaiiridudi State; and leaving to these their
Jurisdictions IN cases, TO which their separate pro-
visions may be competent For, as the authority
of the individual States must in all cases be incom-
pe,ent to general regulations operating through the
whole, the authority of the United States would
be extended to every object relating to the general
welfare, which might, by any possibility, be pro,-
dcd for by the general authority. This qualifying
construction, therefore, would have little, if any
tendency, to circumscribe the power claimed under
the latitude of the terms general welfare"
The true and fair construction of this expression,
both in the original and existing Federal compacts,
appears TO the committee too obvious to be mista-
ken. III BON, The Congress IL authorised TO pro-
vide money for the common defence aud general
'ceyare. In both, is subjoned 10 this authority, an
enumeration of the cases, TO which their powers
shall extend. Money cannot be applied TO tho
general we'fare, otherwise than by an application
of it TO some particular measure, conducive to the
general welfare Whenever, therefore, money has
been raised by the general authority, and is TO DO
applied TO a particular measure, question arises,
whether the particular measure be within the emu
mcrated authorities vested in Congress. If it be,
the money requisite for it, may be applied 10 1t; If
it be not, no such application can be made. This
fair and obvious Interpretation comedies with, and
is enforced BY the clause in the Constitution, which
declares, that ''no money shall be drawn from the
Treasury, but in consequence of appropriations by
law" An appropriation of none, to the general
welfare, would be deemed rather mockery than
an observance Of this Constitutional injunction.
2. Whether the exposition of the general phrases
here combated, would not by degrees consolidate
the States into one sovereignty, is question, con-
corning which the committee can perceive little
room for difference of opinion. To consolidate the
States into one sovereignty, nothing more can be
wanted than TO supersede their respective sover-
eighties in the cases reserved to them, by EXTEND
ing the sovereignty of the L. $. TO all cases of the
general welfare" tina, to say, TO all cases uhat-
crtr.
3. That the Obvious tendency and inevitable re-
suit of consolidation Of the States into one soyer-
eighty, would be to transform the Republican sys-
tenn of the United States into monarchy, is point
which seems to have been sufficiently decided by
the general sentiment of America. In almost eve
nv instance Of discussion, relating TO the consoda-
ton in question, its certain tendency to pave the
way TO monarchy, seems not 10 have been contest
ed The prospect of such consolidation, has
formed the only topic of controversy. 1t would be
unnecessary, therefore, for the committee 10 dwell
long on the reasons which support the position Of
the General Assembly 1t may no, be improper,
however, to remark two consequences, evidently
flowing from an extension of the Federal powers to
every subject falling within the idea the general
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 Constitutions the difficulty oil accom'noda-
ting legal regulations to country so great III eN-
tent. and so various in its circumstances has been
much fell: and has led TO occasicna! investments
Of mower in the Executive, which involve perhaps
as large portion of discretion as can be deemed
consistent with TIE nature of the Executive trust
In proportion as the objects oil Legislative care
might be multiplied, would the time allowed Tor
each be diminished, and the difficulty OF providing
uniform and particular regulations for all, be III
creased. From these sources would necessarily
ensue greater latitude 10 the agency OF that de-
partment which is always in existence, and which
could best mould regulations of a general nature,