Page:Debates in the Several State Conventions, v4.djvu/447

1794.] meaning that it can be tortured into, will support the objection which has so often been urged with solemn emphasis and persevering zeal.

We may repeat it, what color is there for saying that the secretary legislates? Neither my memory nor my understanding can discern any. I am well aware that no topic is better calculated to make popular impressions; but I cannot persuade myself that they will charge us with neglect or violation of duty, for putting ourselves into a situation to discharge it in the best and most circumspect manner.

Mr. MADISON. I insisted that a reference to the secretary of the treasury on subjects of loans, taxes, and provisions for loans, &c., was in fact a delegation of the authority of the legislature, although it would admit of much sophistical argument on the contrary.



, January 10, 1794.

Mr. MADISON remarked, that the government of the United States is a definite government, confined to specified objects. It is not like the state governments, whose powers are more general. Charity is no part of the legislative duty of the government. It would puzzle any gentleman to lay his finger on any part of the Constitution which would authorize the government to interpose in the relief of the St. Domingo sufferers. The report of the committee, he observed, involved this constitutional question—whether the money of our constituents can be appropriated to any other than specific purposes. Though he was of opinion that the relief contemplated could not be granted in the way proposed, yet he supposed a mode might be adopted which would answer the purpose without infringing the Constitution.

Mr. NICHOLAS concurred in the sentiment with Mr. Madison. He considered the Constitution as defining the duty of the legislature so expressly, as that it left them no option in the present case.

Mr. BOUDINOT supported the question on constitutional grounds. He instanced several cases, which had occurred and might occur, in which relief must necessarily be granted, and that without occasioning any doubt of the constitutionality of the business; such as granting pensions, affording relief to the Indians, supporting prisoners, &c. He alluded to the circumstance of the alliance between the United States and France, the connection between the citizens of the United States and that country, &c.

Mr. DEXTER stated sundry objections from the Constitution. It will not be pretended, he supposed, that the grant of moneys, on this occasion, was for the general welfare; it is merely a private charity. He was in favor of going into a committee on the subject, but wished a short delay, that he might revolve the question more fully in his own mind.

Mr. MADISON, in reply to Mr. Boudinot, who had stated several cases as in point, observed, that those cases came within the law of nations, of which this government has express cognizance; the support of prisoners is a case provided for by the laws of nations; but the present question, he remarked, could not be considered in any such point of view. (Motion lost.)

