Mississippi Democrat. (Carrollton, Miss.) 1844-18??, 1846-08-12

their means and power. Nor is il that o
the several States bordering on its nayga
bic watersi it is also beyond their mean
and power, acting separately. Nor can i
be done BY their united aud joint action
There are l6 States, aud two Terriloriei
that will soon be States, lying either WIN
ly or partly within the valley OF the Mis-
slssippl, and there still is ample space fol
several more. These all have common
interest in its commerce. Their united
and Joint action would be requisite for the
Improvement of it, navigation. But the
only means by which that could be OBJ
tanned is expressly prohibited by the 10Th
section, LIST article, of the constitution
which provides that "no State shall enter
into any treaty, alliance, or coniedera-
ton" But if neither individuals, nor
States acting separately or conformity, have
the power to improve its navigation, il
must belong TO the federal government, if
the power exists at all, as there is no other
agency or authority in our system of 90.
vernment by which it could be exercised.
But if it does, it must be comprised among
the expressly granted and enumerated
powers, or among those necessary and pro.
per to carry them into effect, as under the
one or the other all the powers belonging
TO il are to be found And thus the ques.
ton is presented for consideration, Is it to
be found in eilherl The decision involves
important consequences. If ii is not,
then this great branch OF COMMERCIAL.
ready among the greatest, and destined, in
a short time. far TO exceed every other
will be left exposed TO the great hazard
and enormous losses to which it has been
shown 10 be subjected, without any power
in the system anywhere 10 provide for its
safety, although millions might be annu.
ally saved by comparatively small ex-
peuditure, as experience has proved
such be the case or not, your
will next proceed to consider.
Whether the federal government pos
sesses the power or not, it is certain it has
acted on the supposilion that it
did, as the numerous acts of Congress for
The Improvement OF the navigation Of the
Mississippi, including its principal tributa.
rles, abundanlly prove. Under what
power the appropriations were made, and
the money expended, does not distinctly
appear; but it is believed that il was I'M
der what is usually called the money pow.
ar---ihat is, the power delegated in Con-
yress ''to lay and collect taxes, duties,
mposls, and excuses; TO pay the debts aud
provide for the common defence and gene.
al welfare of the United States"
Your committee, after tho most mature
are of the opinion that this
,ower does not authorize Congress 10 ap.
,ropriate and expend money, except as a
means TO carry into effect some other spe.
iiicaly delegated. Ia coming 10 this con.
fusion, they concede that the provision
rot only delegates the power 10 lay and
olIect taxes, but also that to appropriate
nd expend the money collected to pay the
lebls and provide for the common defence
md the general welfare Of the u States.
Such they believe 10 be the plain import
{ the words Indeed, they cannot see
ow any other construction can be put on
hem without dslorting their meaning
'ut they deny that there IS, in conslitu-
onaI language, any general welfare Of
he United States but such as belongs 10
hem in their united or federal character
> members Of he Union The general
'eI(are, in that language, is the welfare
'hich appertalns to them in that charac.
II, in contradslinclion 70 their welfare as {
pparate and individual States. Thus in {
,rpreted, the general welfare Of the U. {
ttes cannot extend beyond tho powers
elegaied by the constitution, as il is only /
} that extent that they are united or have
federal character Beyond this they /
separate and distinct commun- c
os, and, as such, have no union, nor com d
on defence, nor general welfare, to be c
'oyded for. 1t follows, as a necessary a
that no power can be deri. {
ID from the provision which would au. d
orise the appropriation or application of
oney by Congress, except TO carry into C
feet the powers delegated. Money, in. 0
led, is the great and almost universal f
over, or rather means by which others v
e carried into execution; and, because r
is 50, is the reason why the power to t
ise and appropriate it was specifically Il
egoted, instead Of being left 10 be in. b
ned, like tho other implied powers, or n
cans to carry the delegated into oxecu- b
N. II was, in word, TOO great and i'm. fe
rtant. viewed as means, to be left to in. z
renee, Without il tho government could v
II be carried on. Viewed on the con- "
lry, as power to be used without refe.
nee TO the powers specifically delegated "
carry into execution whatever Congress, c,
its discretion, may think to be calcula. N
d 10 provide for the common defence, or lc
neral welfare, would not only reverse ii
hat was intended in delegating it, but the n
,vernmeni, in practice, one Of unlimited sc
wars a,