Herald and tribune. [volume] (Jonesborough, Tenn.) 1869-current, 1885-10-29

PoP" """ 'N "o iodu was made under JeheSons administration and
was continued under Mr.. Madsons and with his approval, but without
any assertion of jurisdiction by the Government Mr.. Monroe considered
'e PROVISIONS OIL TINS act assuming Jurisdiction over the road unconshtu.
'onal III Ve'oed the bill, and accompanying his veto message he trans
Hhleo " congress a separate document of marked ability, regarded as the
aoieSt state paper that ever issued from the executive department, giving
MS exposition OF the Constitution in respect to the authority of Congress
70 appropriate money to objects over which it, could not take jurisdiction.
''ei 'eNnme !" the clause comforting the taxing power, he says: cit
Is commenced on the one side that as the National Government is govern
ment oil limited powers, it has no right to expend money except in the
performance oil acts authorized by the other specific grants, according toa
strict construction of their powers that this grant (secton s. article y
III he'hef o Its branches gives to Congress discretionary power of any
N'"u ot Isl mere instrument in its hands to carry into effect the powers
contained In the other grants, TO this construction was inclined in
me nore early stages Of our Government, but on further reflection and
observation my mind has undergone a change"-for reasons which he
fuHy unoded, and which led him to the conclusion, as he sated-.ehat
congress nave an unlimited power to raise money, and that in its abAea.
10" mey nave a discretionary power, restricted only by the duty to ap-
proprlate 1t to purposes OF common defense and of general, not local.
Oeneht" This became thereafter the governing principle of his admins
uauon.
John Quincy Adams followed Monroe, and sanctioned his view Of the
question: and approved OF the appopiatng authority of Congress to the
Iul extent claimed for it by Hamilton and Monroe,
Gen. Jackson next had occasion to ex mine the question in his MAYS.
vile veto message, and reached the conclusion that it was settled and
concluded by the weight of authority and the uniform practice Of the
Government, and he declared 'that the public good and the nature of our
poHacal institutions require that individual differences should yield to well
settled acqmeSence OF the people and conledered authorizes in particular
constructions OF the Constitution on doubtful points. Not to concede this
much to the spirit Of our institutions would impair their stability and defeat
the objects of the Constitution itself"
Every succeeding President and every Congress since that day have
sanctioned or acquesced IN, and practically applied, the construction so
able asserted by Hamilton and Monroe. Webster, Claw and Calhoun all
approved 1t. Calhoun as early as 1917 declared that "f the trainers of
the Constitution had intended to limit the use of the money raised NV
t1NatoD TO the powers afterwards enumerated and defined, nothing would
nave been more easy than to have expressed it plainly. X 4 j Why
should we be confined in the application OF money to the enumerated
powers! There Is nothmg III the reason Of the thing, that can perceive.
why it should be SO restricted, and the habtua and uniform prac,ce Of
the Government comedies with my opinion. Our laws are full of instances
of money appropriated without reference to he enumerated powers"
All the great constitutional writers, Story, Sergeant, Rawle and Kent,
sanction and approve this construction. Kent says: THAT CONGRESS nos.
Ses%S the power to appropriate money raised by taxation II otherwise for
other purposes, IN their discretion, than those pointed out in the enumerated
powers, Is a question that has given rise to very able and acute discussions,
and the affirmative side of the question has been sustained and success
fully indicated by the practice Of the Government and the weighty au-
thoruy, among Others, of Mr., Hamilton and Nh. Monroe in celebrated
documents under their official sanction" If any question cal he r..
9aueu as Stued tS should be. The right OF appropriation commended
for is warranted by the language of the Constitution, is in harmony with
the great purposes Tor whIchp& Government was ordained and established,
IS approved by the mdoubteffnd overwhelming weight of authority, and
Is sanctioned by the contempt neous, uniform and continued practice of
the Government, beginning lMh the bounty to odfsheres and extending
to the 100000 donated as&SE close of the last administration to the
eXPoSuQn " the cIyQi New k Nothing short of an express pro.
n n"Sd:s ellh 49, 49, sst n A eysss $3.50 IN 6@ss9 oi ssa s consider;
extends beyond the eNGmeae powers.
character Of the oDJectf"hch Congress may properly aid in the
exercise Of Its right o appropriation, and which may be regarded as the
only limitation upon Its authoaE, are clearly defined by Hamilton, Mon.
roe and General Jackson, wh1agee IN saying that the object Or purpose
aided should not be merely N1purey local. but general in its character,
having some direct relation tTthe welfare of the nation u to the common
interests of the States. The question regards the quaHy of the obl1 or
character of the work and not tie Gennrs or iSbuuenahhes BY nDAuA
ii is 10 be accomplished, This was distinctly asserted by Gen. Jackson.
who declared that the only inquiry proper to be made il whether the OBJ
Ject OF purpose to which the money Is to be appropriated or applied els
conducive to the benefit OF the whole or local" Let us now apply this
test to the subject of national aid to education. Are the benefits to be
derived from the general diffusion of knowledge in this country mauersof
mere local concern2 Are the social, political and industrial evils arising
from widespread ilieracy purely LEGAL in their character? Or do they
affect the general welfare OF the country and concern the common inter.
eSS o. the otlteS' There can be but one answer to these questions. In
respect towhat subject Or object have the General Government and the
States OF the Union an interest more common or relations more mutual
md intimate than IN their common citizenship, on the character and
quality OF which rest not only the general welfare, but the perpetuity. of
10Th governments, State and Federal2 The citizens of each State have
the unrestricted right of removal into every other State, and are entitled
to all the privileges and mmunlles of the citizens of the State to which
they may so remove. The citizen of Tennessee, however iliterate and
disqualified for the high functions Of citizenship, at his pleasure changes
his domcJ to Virginia, and thereby acquires all the privileges and immu.
mites that belong to the most intelligent citizen of that State. So around
the whole circle of commonwealth. Their citizenship is thus practically
common and each has a direct interest in the character of the others popu.
hton, while the General Government is equally and as directly concerned.
Now, Just because we are one common country, with this free inter.
changeabe citizenship, when the conditions of ilieracy each such pro-
portions IN any considerable number of the States as TO be beyond their
ability to remedy the evils and dangers thelce arising cease to be local
affairs and become matters of common concern, affecting the general
welfare, and render Federal aid for their correction not merely wise in
policy, but a high obligation, if not an imperative duty. That the Southern
States of the Union are u 3aYiA this situation, unable to conect the con-
dInons OF llhteracy now prevailing in their midst, produced by causes
which need not be dwelt upon, cannot be seriously questioned. | will
not weary you with extended statistics in showing this, but merely call