Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1844-08-16

the cipacity OF man ior Sci-Government, and
Inc value of written Constitutions, that it should
not DC usurped.
The committee think, tina, such an examination,
If the public mind could be reused from the appa-
An; lethargv and false security in which il re-
hoses, and induced 10 make it, would result in
S,is.vins all disinteres,ed men OF all parties, in
She language of Mr.. Jefferson, in the last COM
$lnunicaton which he ever made on the subject,
Gnatio Mr.. Madison, of Dee 9th, 1926 that
the fright construct roads open canals, and et-
feet other internal improvements within the ter
riiory and Jurisdictions exclusively belonging
10 the several States 'has not been given TO that
branch Qhe General Government "hy The con-
stutional compact, but remains 10 each State
among lis domestic and inalienaicd powers, exer-
disable within itself ana by its domestic auiho-
mites alone and also with him 10 declare 10 I've
most false and uniounded the doctrine, that the
compact, in authorisihg its Federal branch tolay
and collect taxes duties imposis and excuses, and
ID pay The debts, and provide for the common
defence and general welfare OF the United States,
has given them thereby power TO do whatever
they may think or pretend would promote The
general welfare which construction would make
that OF itself I complete Government without IL
3 mutations of powers but that the plain sense ana
obvious meaning were, that they might levy The
lakes necessary 10 provide for the general welfare
Nv the various acts ot power therein specified
ana delegated othcm, and by no others. IL has
been urged that this power must exist and Is tar
" 10 be inferred because OF the necessity which
existed for the exercise Of such power Al the
Tine OF the adoption OF the Constitution, and
from the supposed fact that these avenues and
highways are indispensable 10 connect together
distant parts and bind in iniissoiuble chains The
union OF The States If such artificial ligaments
were indspcnsably necessary Tor the prosperity
OF the country or the preservation oil The Union,
il is hui reasonable TO suppose that The Con>iilu-
lion would have contained an express grant oil
power conceived 10 be so important. None such
was granted; but on the contrary, propositions 10
confer il were more than once expressly Seiused
b. the Federal Convention, which framed the
Constitution One of these propositions, made
IN the Convention, and which they refused 10
adopt as 4 part of the Constitution, was, 10 c>ia-
blish the Office OF Secretary OF domestic affairs
and 10 make il his duty 10 attend 10 matters OF
general police the state o.; agriculture and manu-
features, The opening Of roads and navisations,
ami the facilitating Communications through The
T. States J1uraol of Tic ftdsfG! Contention,
page 266.
The Federal Convention, then, having The sub
.ect expressly before Them failed 10 insert IN the
Constitution grant OF power now claimed 10
be SO indispensable; and the inference, therefore,
IS conclusive that they intended 10 confer no such
power
The Committee withou, attempting 10 adduce
all the arguments or authorities upon the queS-
lion. come 10 the conclusion with the President,
that the powe! 70 construct roads ana canals with
in the States has 10. been conferred by The Con
.tituticn: and they are also OF opinion, that the
power 10 appropriate money to aid IN their con-
s,rucuon, although sanctioned Ia some extent ny
usage is OF too doubtful character 10 justify rs
exercise without previous amendment OF The
.,,h tl,ot
successful operation OF the Federal system can
only be preserved by combining i, 10 the few and
simple, bu, important objects for which il was
designed They agree with him, too, i'll the
convection "ot The importance OF sustaining The
State eovereienties, as far as i consistent with
the righ.ful action OF the Federal Government,
and Of preserving the greatest a,lainable harmo.
nv between hem'-and chat the political creed
which inculca:es the pursuit o these great OBJ
,ec.s a, a paramount duty, is the true faith, ana
one 10 which VIC arc mainly indebted for the pre-.
sent success OF the entire system, and 10 which
yye mus, alone look Tor its future stability.
The Commitce having thus arrived al the con
cluson that the power 10 prosecute works oi Inter
nal Improvement. in either oil The three modes STA
,ad has not been conferred by the Constitution on
the FEDERAL Government or, II conferred, - al
lsas, OF Too doubtful character 10 justify lis eX-
srcisa, the enquiry next occurs, whether The pow
CT 10 Uifhg Tue IiOI'D>tu 'hN '''~
plus funds among the States tor purposes OF In
sernal improvement has been conferred iy The
Constitution On This point, the committee would
remark, that The objections stated 10 The former
seem 10 apply with all their force TO The latter II
REQUIRES no argument 10 prove, that what ,he tc-
Gsral G ,yernment docs no, possess the power 10
DO directly. /, cannot do indirectly.
TIE committee doMot understand The President
;r his se.eral Messages a u airmias tue cSiS-
GU, MT. traY- = a I
oi, objections 10 me p.csen, plan, he says. TO .
a"oi5 these e.ils it appears L. me thai The most
safe, lust and Frleral disposition which could tie
made Of The su.plas revenue would he rs appof- I
Torment among The sereral States according 10
heir ratio 81 representation; and should This nea-
sn:e no, be found warranted b. the Constitution, |
ihlt il wopld be eypccent 10 propose to the States
IN ar!endnncn, authorizing il. regard am APP I
neal :, the source u, power in eases OF real doubt
ari when is exercise is deemed Indispensable 10 !
lie general welfare rs among the most sacred OF |
all our obligations. Upon his country. more |
;Aen any other has in the providence OF God, I
fecn cast the special guardianship @! the great |
rrincp. Of adherence 10 written Constitutions
il i, fail here all hope in regard 10 II will he
cx,agpishei That this was intended 10 be-
G0~ernncni of limited and specific, and not &c
!.a al powers, must be admitted By ALT ana II Is
car duty 10 preserve for The character intended
~ is trainers ii experience points out the ne
c.ss::y .. an enlargement of these powers lie, MS
apply for it 20 those for whose benefit it is to be
exercised and not undermine the whole system by
Il resos, 10 ovcrstrained constructions II, then,
!, were even mater Of doubt, we should rather
seek IN enlargement oi the power In the cons'l-
.u,ional mode. tian assume its exercise without
Il. The committee are therefore, of opinion, that
Lac proposed distribution OF the surplus, should 1t
hereafter e the policy Of the Government TO
ad0p. that plan musl BE- authorized by an amend
ia:nt VI the Constitution. On this point, too Inc
committee ale nol without authority. The bonus
I'll, rejected BY Mr. Madison as unconstitutional,
~ the 30 or March, 1917. was in many respects
analogous in its provisions. 10 the proposition
:,ow under consideration. That bill appropriat-
I'd, SC, apart and pledged a fixed sum annually,
being the Government bank bonus, and the di:i-
d.nts on the Government, stock in the Bank OF
The United States, for purposes OF internal im-
provement Is the provisions OF that bill, this
annual sum, thus Appropriated ard set apart was
ID be apportoncd and divided rs il annually ac-
crued, among the several States, in the ratio Of
:heir representation in Congress TO be applied,
with the assent oil each State, By The Federal Co
vernment, 10 objects OF improvement within each
State.
: The proposed plan is 10 distribute the annual
surplus for The same purposes, aud IN The same
ratio bu, 10 BE appl;clhy the States. The differ
ence between the two plans consists simply in
The agen, 10 be employed in the application OF the
money The former required the permission OF
the S,ate, within whose limits the Improvement
was to made, 10 authorize the United States TO
apply 1.-THE latter proposes 10 give the money
10 the States, 10 he applied hy them each within
It's own limits So far as the Constitution is
supposed to confer The power to do either
the one OF The other, il is difficult 10 perceive the
difference and none in fact, is believed 10 exist
Assuming that Mr.. Madison was right, in putting
his veto on the Bonus bill, the committee con-
csive that they are sustained by the weight OF his
high authority in denying 10 the Federal Govern
ment The power in question, and that ii cannot be
safely exercised without previous amendment
Of the Constitution
The attention of Mr. Jefferson, too, was al an
.arir nerinl called 10 lie subject IN authorization