Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1840-02-11

Jealous were the States lest the Federal Gorg.a-
mcnt should claim powers, by implication, which wcg2
delegated by the Constitution thai the tenth amend
ment expressly provides that the powers not dclcga
ed by the Constitution to tie United States, pr"ni
hbiied by ii to the States, reserved 10 the States
respectively or 10 the people" Were any thing
ccs9ary, beyond the original instrument itself 10 give
is true character to this Government this amendment
would clearly show 1t TO BE- Government Of limited
powers restricted in its action subjects confd"d TO
1t BY the Consttutioa and every attempt part -
leg'satc upon other Subjects unauthorized by that
instrument.
One of the evils severely felt prior the !cr.
nation of The Constitution, was the inability Il h
Congress of the Confederation raise money. By
ton, Tor national purposes; and this If IL"
strongest which led TO the formation Of he new
Government and can II be believed Tor a moment. tha.
the trainers Of The Constitution entertained IN idea
that the State debts, which might be thereafter
tiacted for local purposes, should be paid cut OF tie
general Treasury:
In the enumeration Of the powers of Congress,
tanned in the eighth section OF the first article ii
Constitution, there is the power conferred lay a"
collect taxes, &c, and also c pay The debts =. TIC =
;. Why give this power cXpress to Congress :" -
the debts of the L. ), if the design was, that il should
possess the power pay the debts of Tic several States
which might be created for local purposes lsuch hsy
been the nt:on OF the convention, different rnsc-
oogy would nave been used. If the object had bee.
to create Government with the powers claimed
for it, would not the first clause Of the eighth section
several States; Without insisting upon the too rigid
application of The rule of construction which prevails
in of justice, that ''the expression OF thrT
is the exclusion of another, your committee feel war
rantcd in saying, that in Constitution of delegated
powers and defined objects, the absence Of grant OF
declaration is conclusive against the existence Of Ike
power claimed.
Nor is this power 10 pay th2 State debts, nccCsscry
proper carry into execution any OF the powers d.
legated Congress bv the Constitution; far from =:
! no q "A
between il and any OF the delegated powers; and
the effect would he 10 compel Congress 10 lay axes for
purposes not Federal, and for which the taXin. power
not conferred the General Government II
would also disqua!fy this Government for tho perform
ance of its own functions and appropriate duties NJ
'ior the common defence o.. the country wo"t
remain al the command of the General Government;
all lis m"neyed would be sunk in the abyss
which the scheme of assumption contrmplates
But there are further considerations showing that no
such measure comes within the score and contemipu-
ton OF the Constitution. 1t Is not pretended that -!
/ the internal improvements entered upon By The States
arc such the General Government could cons':G-
! tongllc make under its direct authority. Many
of item entirely local in their character and 81
little general even local utility, tha L finished lie
income from them would not keep them IN repair -
| II the General Government furnishes the funds to
construct these works assumes the payment Of the
money which has bc"E borrowed for snch purposes,
/ will il not, III effect, be Tie construction Of hose
works by the General Government: Nlii IT not be
doing that indirectly which il has power 10 d" d.
rectly' will il not 30 beyond the most ,aiitudnuus
construction of the Constitution which has tcrl!
conc ndcd for even under the phrase general wei.
fare: Pit aside from this view Of TIC SUBJECT, IS, II
fact, the constructing y dhh2 local internal improve
mcnts in the States by the General Government IL i!c
woi4; possible form. Ike States select the objects q.
provemert, with view 10 their own convenience
and advantage the works constructed ro:i Their
own p!an tho contracts, made by the regents ~
the States; the profits, if any, for the exclusive
all that remains for the General Government, the
poor privilege Of raising and paying the money when
they may cost.
IRE result would be, that Congress may lay and col.
cct taxes, duties, imposts and cycsrs not only topay
the debts and provide for the defence ana gen
cral welfare Of the United States bat also 10
ney to give 10 the several States. IL would be GIT,
Ia ali ntens ard purposes. II would BE- new object
added TO those for which Congress empowered tolsy
taxes il would be Interpolation IN he Constitution
an assumption of power, gross and palpabc.
If Congress raise money for the purpose Of giving
il 10 the States for such objects, why they not raise
il 10 give 10 corporations and companies. II thy can
pay for all the railroads and canals which The State
have undertaken, how can the power be denied them =
paw for all which corporations companies, III their
wisdom or folly, may have undertaken; Why may not
the General Government take upon IT'S broad shoulders
ererv unsuccessful speculation OF his kind III the ccu
try paving the debts now contracted, and inrnIshEs
money complete them; the whole ,crlcless, 30 Is
The Constitution has taken that the burdens Ct
the Government shall fall equally on all the Stats
.Al duties, mposs, and cxc:scs sa! yc equal through
the L. States, and the bass OF direct taxes hAcd
By general constitutional tulc vi What value a!o
these restrictions, If money can conStitnti"na"y DO
taken from enc State and given 10 another, iirorg&
The instrumentai,y OF the General Government;
according to the principle upon wh'ch the idea {!
assumption is based tie General Government na!
raise and give money to State 10 pay rs debts. Ii
oll ntp IN he
il is not with the view of making II constitution, p.
% give il more the sen.hance :. equality and Justice
The principle 49, that all the States may be taxed
the money rrsed be given to or loTe SiAes Lie
constitute princp pie the same, whether one, to-,
or all the States become the recipients Of the money
raised II constitutional for all, is SO for enc IL
results, then, that notwithstanding call duties mposs,
and excuses, must be equal in all the ot4es, Congress
may refund to Stale by way OF gilt, from The re-
neral Treasury, The whole amount Il may pay. a.,
thereby destroy hGt equality Of taxation ws.: n
tended to be secured by the Constitution. What d..
ference there be- between not taxing at all and re-
funding 10 a State al! il NAV pay'
To your committee, the idea of raising money 10 give
to the States for any Stale purpose whatever, aF"ars
so utterly at variance with the general object and sceP
as we'll as the special provisions of the Constitution!
scarcely 10 need serious argument 10 explain =
Let any man, after reading the history OF Tie times
from the beginning OF the Revolution down 10 Tie
meeting of the Convention in ICES and tracing cut
ask himself whether it any paIt OF the design 10
raise up new power for the purpose OF ras:as money
to be ryea 10 the States; The answer must be in tie
negative As heretofore stated one OF the Chief dill
cutes was that the Confederation could not get
nov to nav the debts of Tue u. States, through The IN
sruncnality Of the State Governments; and the object,
in relation to this point, TO devise means by which
to supply the wants Of the United states @Itn2ll
the agency of the States, leaving their with afHrt:
resources TO provide for themselves. This was the
great object of the statesmen oltha day, anG the Ut
most limit of their views So lar from intending TO
create power to raise money for the States" It
cannot be doubled that if they had supposed II posi-
Bile, that such dangerous attempt "oad ever be mace
they would have inserted an express prohibition n The
Constitution To modern times, are we indebted ana
not 10 the experience and designs Of cur Revolutionary
fathers for this attempt to mar their work ana pTfVe5
the Constitution, to Objects the accomplishment
Of which will be fatal to that purity which u was ~
tended 10 preserye-to that Justice and equality It YES
intended to protect-to that State independence :hch