Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1859-01-25
THE PACIFIC RAILROAD.


power, then undoubtedly, Congress may not
only construct u Pacific railroad, but may eX
ercisc any and all the functions OF government,
irrespective of what are called the reserved
rights of the States. For a general po''er to
provide for the common defence and general
welfare, is in its nature SD extensive, SO unrc-
strictcd, that it may be made to include every
other governmental power whatsoever.
The fact is however, that the Constitution
contains no clause at all extending any such
general grant Of power. The clause of the Con-
stitution which has been loosely and erroneous
ly described by lattudinaran constructioniStS
as involving this grant of power, has long since
been defined with force and eXactitudc which
confines its grant Of power to the mere power
of taxation.
"ARr. l-SEcrloN WILL The Congress shall
have power
~. To Law and collect taxes, duties. ilnposts
and excScs. to pay the debts and provide for
the common defence and general welfare OF the
United States; but all duties, imposts and ex-
ciseS shall be uniform throughout the nlted
States
/ A very brief consideration of the nature and
terms of the Constitution furnishes Il reading of
the foregoing clause us identical with its gram
matcal construction. rs it is necessary for the
proper construction Of the context
! The Congress shall have power
|. To lay and collect taxes, duties, impost>
and exciseS by nhich to pay the debts and pro-
vide for the common defence and general wei
fare of the United States; but all duties, &c.
In, short the only po~er granted is the
poner to collect taxes, duties, inposts and en-
cises, and the payment of debts and provision
for the common defence and general welfare,
are described only as the e'lS, ohJect'. or I'"r-
po,es of the po'rfr of taxation.
Any other construction would render super
fluous the subsequent express grants of power
contained in the Constitution for all these cX-
press powers, and powers thousand fold more
numerous, would be unavoidably included in
general po,cer to provide for the common 'ie-
fence and general welfare.
The common defence and geseral welfare arc
the ends intended to be attained by each and
all the express powers Of the Constitution; but
the means by which Congress is permitted to
attain these enRs. are naturally restricted to
the express po,eers granted by the Copstitu'
ton: and if the ends themselves are 10 be con-
strued into poeers, there is at once an end TO
all limitations Of power-2nd Congress would
become absolute in an unrestricted exercise Of
power.
/ Nor are we obliged to rest the argument
here See the preamble to the Constitution:
"We, the people of the United States, i'll or
der to form more perfect union, establish JUS
tice, insure domestic tranquility, provide for
the common defence, promote the general well
fare, and secure the blessings of liberty to
ourselves and our posterity, do establish
this Constitution for the United States of
America
Now, the formation Of more perfect
Union" the establishment OF Justice" the
security of domestic Tranquility" and the
security of the Blessings Of Liberty arc
undoubtedly mere ends ef aorernme"t {" be
attained: it would involve nothing short Of
absolute nonsense to describe them ~ 1'oirtrs
/ Of government to be exercised. Yet the pream-
( BILE places these in the same category, with the
( provision for the common defence, and promo
ton of the general welfare and apar, from the
argument er-ncce@itate, the words I'm order
IT," arc of themselves sufficient to describe the
whole category ms end'-not as po"e'"'
We make no apology for reitcratng dc-
monstration, which is, doubtless, as familiar to
the minds Of many Of our readers as would he
recaptulation of the golden rule. There are.
obviously, many pcrsons--aye, and proieSSed
Democrats, too-among Us, to whom tins les
! son will wear all the attractions Of novelty
/ And it is only by a frequent recurrence TO lirSt
principles and by the simplest elementary
discussion Of these principles, that just ideas
of the nature of our Government can he kept
alive in the minds of the people
Neither President Buchanan nor Senator
Davis has ever venturcd TO plead Tor the con-
struction of Pacific railroad under the latltu.
dnarian idea Of common defence and general
welfare" They were anxious to avoid being
identified with the historical doctrines OF the
old Fcdcralist party and yet, in the very at
| tempt to avoid this historical identity, they have
mt forth doctrine monstrous in ITS latitndl-
marian grasp-far beyond the prport OF all
the Capitalization doglnas of the Hamilton
and Adams school of politicians. Indeed 1t Is
destructive of every American i,lea of ConSt-
tutional liberty. Of every conservative feature
Of Constitutional restriction 10 the powers ol
| Government
. Both the President and the Senator boldly
I announce that the Pacific railroad may be con-
structed under the federal power to "nE'LA"E
WAR" In other words, they assert that a."
! tie inriients ct tie "armaki"g P""er may he
exercised in times Of profound peace. The
power to construct military roads. Ike every
other power incidental and subsidiary t" the
power to declare war" can only be Justified
in its exercise by actual existence Of pending
hostilities demanding its application 1t is not
mentioned, even, in the Constitution. 1t Is LETT
TO the emergency of stern necessity in time oil
hostilitics Its exercise is at all times an III
fraction of the Limitation of power prescribed
bv tbc Constitution. 1t has no l,gH existence,
and can only be called into exercise in those
ex;rencics when the powers OF. .f"rcc must, from
the necessity of selfprcserration, be permitted
to superselc the powers Of i"". Inter "rm'
silent lcq,s is the only maxim by which, at any
time to Justify the exercise OF powers lnc'dcn-
tai to the power Ito declare war. In tune "'
peace, there is no justification Whatever
otherwise, the powers of Congress may at
all times be regarded as indefinite; and not only