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

ny I'll MI candid and liberal ncn OF all rariic>, that
Tie office had lent him 10 honor whir! h did not
return 10 it'-an& that h. Is Z 'lirSt-ratr inaa-
i!r>t.rat. in abliitv-tirs-!atc in dignity OF char
ac:cr and conduciiiT>;-l;tlc IN political and per
soma! inleIi'v-:irst-ra'c in purity of constitution
al principles, accor.ia. 10 thr fundamental doe
lri.'> al The Republican Party And now 10
The .selori, which W. have promised 10 .ay before
ouc leaders, - some EVIDENCE Of The qualities
which The Reviewer has attributed 10 him. How
much superior docs il prove hn in his devotion
10 III, Virginia School anil IN Mr. Jeiler>cn's doe
iyinc>, 10 Mr.. VIA. &. R;.s> although III va"
to:uit;c enough To BE- raised u, The feet OF Cana
licl himself
[Trm'g.fhA Catr,tm-$.cond .SSNoo
REPORT OF Mr.. POLK,
q" iTr niSrRErwioH ~ ritz SrHrLrs FCHnS.
.y'a~arg 2,di, lS3l.-RGd aHd iaA at nc Iabe.
Nj! Pork. from thr Select Committee 10 which
the subject had been referred, made the following
RroRg
Tie Select Committee To which WIS referred So
much ol The Presidents Acs>ap., a. relates 10 the
Distribution If the Surp';~ Funds which may al
any liinc remain III tie Treasury. after tn Ma
tona Debt shall have been paid among the
States, in proportion 20 Il. II Representatives. -
b- appli,dhy them Ia objects Internal lmpTorc-
mcnts, have had The Suhyce; under cGnSido ration,
and submit the following report The proposition
IL distribute The Su.plp. Revenue a!aon3 the
s'ia,cs ior purposes of lni.m.l Improvements.
submitted Is the Executive IL The consideration
Of Congress. is 80 Intimately connected with the
whole subject Of Internal Improvements, III what
ever form or with whatever notifications 81 pow
II oycr the subject it has been heretofore attempt
cd Ia be exercised Ly the Federal Government
that comparative view OF the whole .ubl""'' -
well rs 10 tnr pan prop"-@', ga ol the adtdn-
ta9cS d. racn is believed 10 tall within ihc scope
al The appropriate duties 81 TIE Committee, and is
Indispensable toa lu!l Development ot the rcasoGs
whchha"r inucc.l them to come 10 the concu-
sions I'll which they have arrived. They propose,
therefore - briefly - ihey can 10 examine these
various modes a. we'll in lr9ard h. lhei. con~ltu-
ionaty aSto their rypedieucv. ior The purpose Of
bciii" enabled present more distinctly and clear
Is riie views which they entertain upon the palti
cular proposition submitted hy the Pres dent, and
referred 10 their consideration ~ the House
Before they do 50, however. il may not b. i'm
proper 10 state, that they fully concur with the
President in recommending for The present, "a RI
aidapp!icaiion Of that portion oithc public funds
which might othcrwisc hc applied 10 different Oh
Jects 10 that highest of all our obligations. the
PAYMENT III The public deli and that, until the
,iel hall bc finally cNin@ui>hcd no money II Md
h. appropriated! from II Treasury. Ia be applied
either directly hy tn Uniicd STATES 10 objects oi
internal improvement, or Ia hc distributed among
the States. Ia IT, applied by them 10 such objects.
II may be- proper Ia state, also, that, when tlie
debt hall have been paid oil, they are Of opinion
that the taxes should he either wholly repealed,
or greatly reduced upon many aliic,es; cspe-
ciaiiy upon such as arc not produced in the
Inllci States, or, il produced, bat 10 limited
extent; and upon such a. may he considered nc
cees;:res of lie, consumed by the poor a. we'll rs
by the rich, and the duties Oh which impose oncr-
Gus burdens on al Glasses. These preliminary
considerations, which the Committee have deem
ell ,propcr to st.te in this place, will he more
iully noticed in subsequent Part Of This Report.
Attempts have been made 10 exercise 4 power on
the pat III The Federal Government over objects
al internal Improvements IN three n.odeS
Isl 70 construct works Of internal improve
men. "iln the limits a. he States, assuming
jurisdiction over The territory which Trey occupy,
with power 10 preserve them when constructed,
and 10 punish offences committed I'll them.
ID. 70 appropriate money from The national
Tree sury i'll aid oi such works when undertaken
by SAFE authority, Surrcndcring the claim ol IN
fiStc;oE and
.,:I To aid in the construction 81 snch WORKS,
l.. subscribing Ia The stor.; oi private IS ocialons
or incorporated companies.
On 4 question oiier and 80 ably discussed as
that o! tec constitutional power al the Genera!
Government, 10 construct, or all in the con
,,rici:on II works al Internal Improvement
within Inc limits Of lie States. IN any ci these
modes The Committee 10 n)l propose 10 make an
cXiende,; argument, but smpiy 10 state the p!in-
cYts and authorities Oh which iI", rest then Opt
nion.
In Mr. Madi>ons celebrated Report 81 De-
ce!n."r, 1893. ca production helie.ri TO con
tain III" saunde>t exposition Of the true prnci-
PIE; 81 the Federal Government exIanf) It
rule Is laid down, which the committee aaolt
rs a sound one, by which 10 determine w.ie-
ther = given power is GRANTED hy The ConSii-
tuition or not That rule is this: whenever Il
question arises concerning the coasi,uticnality ci
a particular power. the first question is, whether
The power he expressed in the Constitution. Ii il
be- The question i decided Ii il be not eypIess-
ed the next enquiry must be whether il IS proper
IL an ncden; Ia IN expressed power, and ncccs-
sarr IL lis cxcrroa II il h." il may he cxcr-
cised by Congress. If il he not Congress can
no, exercise IT," Let then, The power claimed
he tested hy tins rule 1t is not pretended that lhe
power 10 make roads and canals is u he "iound
among the powers expressly "esled IN the Con
sreSs' Ii, then. it is 10; found among the pow
crs expressed in the Constitution. rs il properly
an incident 10 an express power, ana necessary
10 il, execution r. l. il all incidental power
withou, The aid Of which any Of ;he expressed
powers cannot he executed Incidental power
are confined in the Constitution to the au;horii;
",o make all laws which shall be Necessary am
proper Tor CARRYING into execution the enulnera
ted powers: but under his power il cannot IN
claimed 10 do am thing which in the opinion 81
Congress. might Indirectly Tend, OF remotely lea
10 such result.
\ power, To be incidental. must not be eycr
ci~cd lor ends which make it a principal or sub
srantiye power. independent of the principal pow
or 10 which it is an incident. To be ali inciden
10 = PRINCIPAL, expressed rower necessary anC
proper 10 The execution Of that principal express
I'd power" i, must be 'accesSorial and silbordi
nate 10. and obviously flow from that express
ed power. Il must be power ''appcraining L
! or following another as more worthy or princi
pal" Ii must be ''dcrivalive, not primary ant
Independent"
b. applying these rules Of construction 10 tn
| Constitution. the committee came irreSistibly i
| The conciu. ion that The incidental power 10 max
roads AMI canals is no! necessary 10 The execu
ton OF any OF the granted or expressed powers
| tia, each of them may be carried into full clieC
wiihol. the aid of such an incident; and tia
therefore. if assumed, il must be as a pr;ncipa
or substantive and distinct power OF ltselt, nowher
10 b. found among the enumerated powers OF III
| Constitution, and thu! il results: therefore that u