The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-08-04

construct roads omen canals and effect other internal
improvements within the territory and Jurisdictions
exclusively belonging 10 the several States, mas
not been given to that branch" the general govern
ment) "by the constitutional compact, but remains
to each State among its domestic and unaiienated
powers exercisable within itself and by It's domes-
tic authorities aone" and also with him TO declare
TO be most false and unfounded the doctrine, that the
compact in authorizing its federal branch TO lay and
collect taxes, duties, imposts, and excuses, TO pay
the debts and provide for the common defence and
general welfare of the United States, has gwen them
| thereby a power 20 do whatever they may mink or
pretend would promote the general welfare, which
construction would make that of itself complete goD-
s,.Hsni piiosi limitation Of poVers; but that the plain
sense and obvious meaning were, that they might
levy the taxes necessary to provide for the general
welfare by the various acts ofpower therein sPecih-
ed and delegated to them, and by no others"
| IL has been urged that this power must exist, and
is fairly 10 be inferred, because OF the necessity
which existed for the exercise OF such power al
the time Of the adoption Of the constitution, and
i from the supposed fact that these avenues and
highways are Indispensable TO connect together
distant parts and bind in indissouble chains the
union Of the States II such artificial ligaments
were ndispensably necessary for the prosperity OF
tho country OF the preservation OF the Union,
liz is but reasonable TO suppose that the
constitution would have contained an express
grant of a power conceived TO be so i'm
porant. None such granted; but, on the contra
nv, propositions 10 confer II were more than once
expressly refused by the federal convention which
framed the constitution. One OF these propositions,
made in the convention, and which they refused TO
adopt as part of the constitution, was TO estab-
lish the Office of s"Seeretary Of Domestic Affairs,
and 10 make il his duty To "attend 20 matters Of
general police, the state Of agriculture and manu-
features, the opening Of roads and navgaiioT, and the
facilitating communications through the United
States" The federal convention, then, having the
nrsaslu hsfnre them failed the
constitution grant Of power now claimed TO be
90 Indispensable; and the inference, therefore, 10
conclusive, that they intended to confer no such
power
The committee, without attempting TO adduee all
the arguments or authorizes upon the question, come
TO the conclusion with the President that the power
TO construct roads and canals within the States has
not been conferred by the constitutions and they
also Of opinion, that the power To appropriate
money to aid in their construction, although sane
sioned to some extent by usage, is Of too doubtful
character to Justify its exercise wthouta previous
amendment of the constitution. They agree with
him. that ''the successful operation Of the federal
system can only be preserved by conhnlng 1t TO the
fto and simple, but important objects for which It
was designed" They agree with him. too, IN the
conviction "of the importance OF sustaining the
State soyeregnties as far is consistent with the
nRhtfu action of the federal government, and OF
preserving the greatest attainable harmony be-
| tween them, =" and "that the political creed which
inculcates the pursuit Of these great objects as
a paramount duty, is the true faith, and one
to which we are mainly indebted for the present
success of the entire system, and TO which we must
alone look for its future stability"
| The committee having thus arrived at the conclu-
sion that the power prosecute works Of internal
Improvement in either Of the three modes stated
has not been conferred by the constitution on the
federal government or, conferred is at least Of too
doubtful character to Justify its exercise, the in
| nn,i VT uhrlher the make the
proposed distribution Of the surplus funds among
the States, for purposes Of internal improvement,
has been conferred by the constitution.
| On this point the committee would remark, that
the objections stated to the former seem TO apply
with all their force the latter IL requires ar
gument to prove that what the federal government
does possess the power to do directly, II cannot
| do indirectly. The committee do not understand
the President, in his several messages, affirming
the existence of the power; but after stating the
nsuperable objections to the present plan, he says:
I"To avoid these evils, 1t appears to me that the
| most SAFE JUST and federal disposition which could
ofths surplus revenue, would be ITS appor-
tionment among the several States according to thelI
ratio OF representation; and should this reasre mol
be found to1Tanted BY the constitution, that II would
be expedient to propose to the States amend
ment authorizing it. | regard appeal to the
source Of power in cases Of real doubt, and when
its exercise is deemed indispensable to the
general welfare, among the most sacred oil
all our Obligations. upon tnlb country, more
THAN any other, has, in the Providence of
God, been the special guardianship Of the
great principle of adherence to written constiu
tons If it fail here all hope in regard to IT will be
extingushed. That this was intended TO be gov
+ eminent Of limited and specific, and not general
powers, must be admitted by all; and it is duty
10 preserve for it the character intended by its
trainers. If experience points out the necessity OF
an enlargement Of these po,oers let us apply for 1t to
hose for whose benefit it is to be exercised, and
undermine The chole system by resort TO ouerstrainet
constructions If, then, it were even matter Of
doubt, we should rather seek enlargement of the
power in the constitutional mode than assume It's
exercise without it. The committee are, therefore
Of opinion that the proposed distribution of the sur
plus should it hereafter be the policy of the govern
men to adopt that plan, must be authorized by ar
amendment Of the constitution On this point, too
the committee not without authority. The bonn
bill, rejected by Mr.. Madison unconstitutional
on the Sd of March, 1917, was in many respect,
analogous in its provisions to the proposition now
under confederation. That bill appropriated set apart
, and pledged fixed sum annually, being the govern
, ment bank bonus and the dividends the govern
ment stock in the bank of the United States, for pur
poses of internal improvement. By the provisions
of that BILL this annual sum, thus appropriated ant
set apart, to be apportloned and divided, as i
annually accrued, among the several States, in thu
ratio Of their representation in Congress-, to be ap
Piled with the assent of each State by the fedora
State. The proposed plan is to distribute the annua
surplus for the purposes, and in the same ratio
but to be applied by the States The difference be
tween the two plans consists simply in the agent to b
employed in the application of the money The for
mer required the permission ofhe State within whos'
limits the improvement was to be made, to au
thorize the United States to apply it: the latter pro
poses to give the money to the States, to be applied
by them, each within its own limits. So far as tn,
constitution is supposed to confer the power to DE-
either the the other, it is difficult to perceive
the difference and in fact is believed exist
' Assuming that MIR. Madison was right in putting
his veto on the bonus bill, the committee conceive
that they are sustained by the weight Of his higl
4 authority in denying to the federal government tn
power in question: and that it cannot be safely
1 cised without previous amendment of the consti
Y tuition.
The attention of Mr.. Jefferson, too, was, at al
early period, called to the subject, in anticipation
an expected surplus in the treasury, "not wantet
for any existing purpose" and, in his annual mes
: sage of December, 1906, he submits to Congress
what disposition it might be proper to make Of il
and, after suggesting objects to which might b
benehciay applied "pubc education, roads