The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-03-16

Die tudt Tue Cunstitulion mas itlt no uIsCreton
whatever in cases where imperative words are
used where " shai" occurs, and not the word
" may" And the Constitution being rindicd-
ted, in his sense, must have been so understood
by the People, and Stale Conventions, when
they adopted il. Any and every attempt TO de-
in lis imperative provisions, is an outrage not 10
be forgiven
Again in the celebrated case Of Marbury Us.
Madison, Cranch, G. j. Marshall seems 10 in
dicate the same opinion as 10 the use and force
of the word .shaH' "To grant a commission
to a person appointed might perhaps be duty
enjoned by the Constitution. He (the Presi-
denD shall, says that instrument, commission
all the officers of the United States
From these important quotations, II is PLAIN
that The Federal Convention, the Federallst, aud
the People ia their State Conventions when dis
cussing its meanings, and the Supreme Court
Of the United States in their criticisms and ex-
positions upon the Constitution since, have used
these words in meanings obviously unlike and
opposite.
throws great light on these criticisms Among
the powers vested in Congress by this section,
it is declared that, Congress shall have powef
TO borrow money-lo declare wal, &c, when
ever The public good shall require, whenever a
political exigence shall arise and when the safe
" of the country shall demand the exercise Of
these powers, then Congress shall have power
to borrow money, and d. clare war; it is, then,
(and only then,) that there arises an obligation
to exercise such powers. To fail to exercise
them, under such circumstances, would be a
breach of constitutional duty, for which Con-
xress would be anenable TO their own con
sciences, and to the tribunal Of public opinion.
But until the contingencies arise, for which the
powers were given, it would have been absurd
TO say, that Congress shall borrow money, and
shaH declare war; to impose an obligation, when
there was no necessity would not be the part
of wisdom. Blu, when the necessity shall
arise, and the public veal demand, il would
have been equally unwise 10 have conveyed The
power in language, which, under every crcum-
stance, would have left The exercise of such
powers entirely optional with Congress, and to
have said that they may borrow money, and
may declare war. Ii is lrue, ths, The power TO
decide is in Congress but when Mey shall be
lieve that The public good shall require 1t, the
inference is irresistible that then they shall ex-
ercse these powers, not that they may-it is
then that no discretion is left them.
The Constitution thus most beautifully ex-
plains ITSELF showing a pleasing harmony
throughout Where no posture obligation is
imposed, The word may" is used. When a
peremptory duty is enjoined, ''shdiE' is en-
ployed. When the general veal may or may
not require the exercise Of particular powers, it is
declared that"Congress shall have such power -
So, that when the contingency arises for which
the power is given, to refuse 10 exercise it would
be breach Of duty; so, on the other hand, TO
exercise such powers. when not required by the
public good, would be equally SO.
Let US now return to the analys sis Of the Mes
sage of the Presiden, TO Congress, on the 2lth
Of December, 1899. 1t says: "By The provis-
ions of the Constitution, II is only in conse-
quence of appropriations made by law that
money can be drawn from the Treasury
The words Of The Constitution are express
and imperative: "No money shall be drawn
from the Treasury, but in consequence of ap-
Preparations made by law" 1t would seem
that the text is more emphatic than the com
mentary. The Message proceeds: mo in
stance has occurred since the establishment OF
of the Government in which the Executive
though a component part Of the legislative pow
er, has 'interposed an objection to an appropri.
alton bill on the sole ground of extravagance
His duty IN this respect has been considered
fulfilled by requesting such appropriations only
as the public service may be reasonably ex.
| pected TO require"
These assertions Of the Message present two
most important questions:
l. Does the Constitution authorize money to
be appropriated to extravagance7
And, if not
2. Is the duty Of the Executive fulfilled by
conforming to the uniform practice of the Exc
cutivc, since the establishment Of the Govern
ment, by merely requesting such appropriations
as the public service may be reasonably expect
10 require Z
/. Does the Constitution authorize money TO
be appropriated TO ertravagance
! In the enumeration Of the various powers
vested in the Government of the United Statc.
no such power is found. The preamble of the
Constitution declares, among other things,
that it is established to promote the gene
raj welfare. Section VIII OF Article T.,
declares that Congress shall have power
to lay and collect taxes, to provide for the gene
raj welfare. There is a numerous class of po-
litcians, who claim power for the General Gov
eminent under these general phrases and to
such, the question may be addressed, in what
WAY can eNiravaranI annrnnri aim. nrn....,. -.