Mississippi Democrat. (Carrollton, Miss.) 1844-18??, 1846-08-12
NO. 35,


have assigned, II is, indeed, but the sub.
: stliuion OF an expression, unknown to the
constitution, Tor the one which it uses,
and which is not consistent with tho
character of tho system OF government
1t constituted Ours is union of So
verelgn States for specific objects. As
members OF the Union, they constitute not
a single State or nation, but u constella-
ton of States or nations; aud hence its
powers, and the objects for which il was
formed, are appropriately called federal,
and not national. But, whether tho one
OF the other term be used, the reason al
ready assigned TO show why the general
welfare, in constitutional language, does
not extend beyond the welfare of tho
States IN their united or federal charar-
ter, that is, beyond the powers delegated
by the constitution, is equally applicable.
Nor would it be less applicable, be tho
character of tho government what it
may, whether federal or nolional. Be il
one or the other, IL is so only to the ex-
tent OF the powers delegated, and 10 that
extent only, be it which il may, is there
general welfare or u common defence to
be provided for. All beyond would APP
pertain TO the States in their separate and
individual character.
Never can your committee concur in tho
opinion OF tho Memphis convention, that
to provide for "lhe defence of the country
IN lime of war" or, to express il in con-
stiIutlonal language, ito provide for tho
common Defence" aulhorses the exercise
of tho power. They regard the express.
sion, like that "to provide for the general
welfare,' 10 be not delegation Of power,
but a mere general designation of the
powers specifically delegated to the go
yernment for the purpose of defending the
country. and which are enumerated in The
after part Of the same section. They are,
TO declare war; grant letters Of marque
and reprIsals; TO make rules for captures
on land and water; to provide and MAIN
tain a navy; to raise and support armies;
to make rules for the government of the
land and naval forces; 10 provide for call
ing forth the militia, 10 execute the laws
of the Union, suppress insurrections, and
repel inyasions; 10 provide for organizing
the army and disciplining the militia, and
for governing such part of them as may
be employed in the service Of the United
States; to exercise authority over all places
purchased, with the consent of the legis-
Iature Of the State in which tho same shall
be, for the erection of forts, magazines,
arsenaIs, dock-yards, and other needful
Such are the powers conferred on Con-
gress for the purpose of providing for the
common defence. Or careful examina-
ton Of the whole, your committee are not
able TO designate one, tho carrying Of
which into execution would autborise the
appropriation and expenditure Of money
for the improvement Of the navigation Of
the Mississippi or any other stream. That
ls improvement would aid materially in
The defence Of the country, they readily
admit; but 50 would a system OF railroads,
Or any measure which would contribute 10
leyelope tho resources and capacity of the
country, physCalIy, intellectually, or NOR
ally. There can no addition be made to
he wealth Of the country, the increase of
ts intelligence, or the improvement Of its
morals, which would not add 10 its capa.
,ity TO defend itself. But it is obvious,
bat 10 admit a construction which would
ave the effect to embrace all measures
to have such effect, under any
II all Of these powers, would be to confer
N tho federal government unlimited pow
RS.
Having now shown that tho power to
aise money and TO appropriate and ex-
'ond it is confined to carrying into execu-
ion the delegated powers, it remains to he
whether there is any power
oleglted TO the federal government, tho
arrying Of which into execution would
uthorise appropriations and expenditures
,r the improvement Of the navigation Of
ne Mississippi and its watersl
Your committee, after full and mature
Of the subject, are of The
pinion that there Is, and that il IL 10 DO
,und 10 the power "to regulate commerce
nth foreign nations and among the seye-
Al States,' aud more specifically in that
} regulate il among the States. In order
, understand the reasons which have
roughl lhom to this conclusion, it will be
ecessary to explain what they believe to
, the nature and extent Of the power con-
rred on Congress by the provision TO re.
Ilaio commerce among the States; which,
ihout further preliminary remarks, they
il next proceed 10 do.
They, then, are of the opinion, that
hateyer may be tho extent of the power
inferred by the terms $50 regulate com.
cree" which they will consider hereaf-
r, the words "among the States" restrict
e power to the regulation Of the com.
cree of the States with each other, as
parate and distinct communities, to the