The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1886-10-22
PHELAN ON FEDERAL aid
TO EDUCATION-A CONVINCING
ARRAY OF AUTHORITIES
To Support aud sustain Our Candi-
date for Congress in His AdTO.
cacy Of the Peoples Wants.
iooRRrsroxDEScE OF rHE ArPEAL.l

by Mr.. James Phelan there has not
been ID at have seen any full report
of what he said about the Blair bill
and Federal aid to education. /
therefore send 1t to you for publica-
ton, from notes taken at the time.
II is convincing beyond cootradic-
ton or s1ntIoversy. Mr.. Phelan said:
One OF the curious political phenom-
ena OF the day has been the partially
successful aaempt Of those who op
pose Federal aid to education to con-
found this general principle or meas
ure OF public policy with the Blair bill.
The bill its HI contains certain provis.
ions which do not 20 to the extent OF
supervision, but which tend somewhat
in that d n ction. As q result, the
most violent haraDgues have be- en- in
dulged in against the Blair bill and
Federal aid to education indiscrim'-
nately, az il the latter coulc only ex'
list in the former. The absolute down
fall of American independence he's
been predicted, these predictions be-
log base On the details OF the Bar
bill. ] hiss been studiously ignored
that another bill can be drafted d 8.
carding the details OF the Blair bill
and siT ply providing for the di tiibu-
ton OF csrtsin sums OF money among
the etates, on the bitis Of illiterScy,
TO be used by them in perlec log
such systems Of public instluc-
ton as may slreaoy ex st with
in their limits. Againtt This
idea no serious argumt mt bfs e7er
been addueed. We propose to sug'
Rest 10 the practical common sense If
our readers few idess on this sub
j,ct. We thall ignore the Blair bill,
as being TO logger an Issue. The
questi IN row lie, shall the genera
government help us in our ttioit 70
educsts our children? AS for the
cons itulionaly Of the CENTRAL prin-
ciple of Federal aid to education there
can be no doubt. Without gong into
a discussion OF the points involved.
the me,e fact thst Lamar and Garand
and Jackson, the three Democratic
constitutional lawyers Of the Senate,
voted for the B air bill, Is 3 sotlicisnt
iuHjfi alton for those who think 1t
constitutional. The principle was al
gued from eyey standpoint, and me
most intelligent ewspapers OF the
Moth G, needed that the Blair III
men had overwhelming y carried their
point. So much 30 that ths Nsw fo k
Evening Post, which viol, ntly opposes
the measure, attacks it solely upon
the plouud of its ineSrediei cy.
But is il unconstitutional Wav-
ing n discussion OF the b air bill,
whose details contain Iepugnant con
dilions, | think it can clearly be
shown that it is constitutional, even
by the ex osit'on of the very auth ORR
ties c'ted by Gov. Marks and those
who attack It. 1t Is true that Madison,
Jefferson and others declared ala,ntt
that conf tfuction which enabled Oon-
press, under the general welfare
clause, to appropriate money Tor such
purposes. It's not very lair discus
sion Of this question 10 real these au-
thorities and yet 10 ignore the tuose-
auent change Of opinion on this cub
iect. A constitutional amendment was
frat advocated to accomplish this re.
suit. But subs. quently Madison and
Monroe and Jackson and Pierce all
took the ground that, under the gem
eral welfare clause, Congress could APP
propriate money to objects OF gen
eraf nature, but that 1t ives
unconstitutional to assume Ju-
risdiction over those things
which were confined to the limits Of
any particular staie. II anybody
doub 8 this a'ement snd the correct
pess Of my position / would suggest
that he get Gen. Jackeon's MaysvllIe
road veto Of May q, 1880. He re-
views the history oi the peculiarly
strict construction Of the general wei
fare clause, and shows how 1t was
modified In this message he says;
"The symmetry and purity OF The
government would doubtless have
bseu b, tier preserved II this Iestlic-
ton Of the power Of appropriation
could have been maintained withou'
weakening its ability to fulfill the gen
eral objects of it's institution-au
effect 30 kelly to attend it's adm s5iou
that every subsequent administration
of the government, embracing
period OF thirty out oil the io,tg'twC
wears OF lis existence, has adopted {
more enlNgsd construction OF the
mower" He refers TO Mr.. Madison
Cumberland road veto, which HI
placed on tho ground oil ~
beirg purely local in lis nature
and saws: 81 have lot been abl
TO consider thefe declaration
in sny other point OF view than S.
conc, s.ion thit the right OF aPpropria
ton is not limited by the power 4
carry into fleet the measure for whicl
the money is asked, rs WIS former,
commended" This is exactly what
commended i.r by those who favor ma
tional aid to educlt on. Congress ca
appropriate this money for tn 5, eve
though Il cannot carry out the me al
ure for which the money is asked
Mr.. Monroe vsto,d bill making a
appropr, alton for the Cumberlau
road. His objection was that Cor
gress could not assume jurisdiction
over this or like objects, out that
had an unlimited power 10 ra's
money and Discretionary power Il
spending it, limited only to the dut
OF appropriatirg it to purposes Q
common defense and OF genera
not local welfare. Jackson him
self expressly accepted this con
BtIuchOn, contuutticn whic
covers the principle contende
for by those WEo favor naionJ
and 10 education. But all this gr1uu
has been covered ia the discuss o
which ensued rs to the cons,itut ona
\ 2 ity OF internal Improvements. Thes
rest solely upon the general we'far
clause and the regulation OF commerS
has nothing to do with it, In sdd
ton to this, an unbroken line I
precedent tustains the Constitutional
ty of this measure with al overwheln
ing weight Of sutbo ity. Mr.. Msdiso
signed bill granting relief to these |
Venezuela who had suffered from a
earthquake. He sigued a bill distri
uting vaccine matter among the PEE
pie. Certainly ignorance is as worth
of treatment rs smallpox. In lSi
food wes sent at pubic expense to IN
land In 1867 the United States SCI
the South food, aud w 1871 cent II
same 10 France. Ia 1876 millions I
money went TO the Centennial ctl
bration. Wss this to regulate con
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