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

reider it competent, then we cannot perceive the propiety of this strict
construction, nor adopt as the rule by which the Constitution is to be
ex}ounded."
Now, the great purpose for which our forefahers formed the Govern
ment, as expressed in the preamble of the Constitution, were 'to form a
m4e perfect union, establish justice, insure domestic tranquility, provide
q the common defense, promote the general welfare, and secure the
blessings of liberty to themselves and their posterty" Grander objects
orfobler aspirations never entered the human soul or found conception
in HE human intellect. Marshall, the greatest of all the expounders of
I'M grand conception, declares, in the extract quoted, that the powers
qfered by the Constitution, rightly understood and interpreted, are
eqGl and adequate to the attainment and accomplishment of all these
gr4t objects for which the Government was instituted, and that a mar
rover construction would deprive it of the ability to fulfill its great mission
and accomplish the ends of its creation. l yield a hearty approval to this
I'D and comprehensive view of the Constitution. Then, in the light
ofkAse principles and of this high authority, recognized and sanctioned
~ fey enlightened court and by every constitutional lawyer, let us ex-
p the question before us.
will hardly be questioned that the States may accept and receive
ral aid without the compromise of their dignity, the impairment of
they sovereignty, or the surrender of any reserved right or power when
aid is offered without terms or conditions. No ingenuity of the
4n mind can point out how any State function, power Or right is, or
" wv Eoaersss in simply rendering aid, which may be re-
~ Nsfel or how any reserved right or power of the
surrendered in the voluntary acceptance of such aid.
y dsnms That branch of the subject without further conadera-
ton, and cohNo the direct queston-Has Congress, under the Consttu-
ton, the right to aR"QhmS mOny to aid education in the States Those
who dispute the proposition, assert that Congress has no authority to
appropriate money except in the execution of the powers delegated to the
General Government; that the right OF appropriation is limited and re
Snlcted to the objects and purposes embraced in the enumerated authori
IneS vested IN congress; that money can be lawfully granted and expended
only upon objects and pmposesover which the Government has jurisdiction;
thSt the application of its funds to any measure involves the assertion Of
Sovereignty over that measure, and consequently that Federal aid 10
education means Federal control Of education. AS our laws are full Of
nSances OF money appropriated without reference to any of the enumer-
ad powers, the wel-known, uniform practice Of the Government can be
andgeneraly is, appealed to, as directly opposed to this theory; but its
advocates insist that precedents cannot control the positive provisions of
the written organic law, Let us concede this for the moment and examine,
these positions. They are not nW, but simply the revival of an old
exploded construction, which at an early period of the Government found
expression in the following proposition; "That whenever money has
been raised by the general authority and is to be applied to a particular
measure, a question arises whether that particular measure is within the
enumerated authorities vested in Congress. If it be, the money requisite
for it may be applied to it; if not, no such application could be made. "
This position, like the objections now made against Federal aid to
education, involved the false assumption that "the common defense and gen.
eal welfare" for which the taxing power may be exercised, were only de-
scrpive of the other enumerated powers that the common defense and
general welfare" should be restricted to and find their fulfnment abm in
the seventeen specified powers following the authority to lay and collect
taxes, such as war, treaties, foreign and interstate commerce, postal SER
vice, bankruptcy, copyright and patent right, naturalization, coinage, etc.
But this attempted restriction upon the right of appropriation was not
sanctioned or adopted, and could not be maintained without greatly dimin
shng, if not destroying, the Governments ability to accomplish the great
objects and purposes for which it was ordained and established. 1t was
at once challenged and Controverted with a force, power and clearness of
never surpassed, if ever equaed, and the construction was
settled that the terms common defense and general welfare" for which
money might be raised. and to which it might be appropriated, were not
MN1NN6sAkGA&1&~ thc objects included in the enumerated powers,
but ~extendeito cases and purposes beyond them, and embraced any and
all objects OF a general character affecting the welfare of the nation, Or in
Will IS btdVo mSW HdFC q SOulHOu SOuOClu VI muludI muCTGS ana
that this right of appropriation was distinct from and more extensive than
the objects over which Congress might exercise powers or assert iursdc-
ton.
Now, ask your attention while establish these propositions, for, with
their establishment, it will, of course, logically follow that Congress may
appropriate money in aid of education without the assertion of Jurisdiction,
if the advantages of education or the evils of ihteracy can fairly be re
garded as matters of general concern, Or objects in which the States have
i mutual or common interest.
The authority of Congress to apply the public lands Or the proceeds arising
from the sales thereof In aid Of education in the States is not at this day ques
toned Or doubleday any well informed public man or private citizen. Since
domain and millions of the proceeds arising from the sale of the same have
been granted for educational purposes, both by special and general legis.
Aton. Some of the most houishing institutions and efficient school
systems of the country are found in the States which received most Law.
shy of this munlhcent bounty. 1t was never imagined or suggested bv
the most extreme advocates of States rights Or Of strict construction that
these grants involved any assumption of authority by the Government over
the institutions aided or over the subject Of education. The authority
thus to apply this public property, which the Government held as the
trustee for the people of the United States, is generally referred to that
provision of the Constitution which empowers Congress 'to dispose of
and make all neediul rules and regulations respecting the territory or 0Mv
property OF the United States" 1t cannot escape observation that the
same power OF disposition here given over land is conferred as to '0Mcy
hQboV," which manheSty embraces personally Of every character and
description, including money, however raised or acquired, whether by
taxation or otherwise. Yet the position il seriously maintained that
while lands or their proceeds may be disposed of in aid of education, the
money with which such lands are purchased Or acquired cannot be so ap-
piled; involving the aSurdity of'saying that Congress may do by indirec-
ZION what tis not authorized Ito do directly. To concede the power of
Congress under this clause of the Constitution to appropriate the public
lands or their proceeds to educational purposes, and then deny its author
Iy to so appyinoneyio or to admit that the grant of the former description
900 A A- aMEN