had proved, beyond all controversy, that Congress has the power only to make specific grants, and that no more than specific powers are vested in them by that clause of the constitution. The opposite doctrine involved unlimited power in the possession of Congress. Mr. C. would not repeat the argument. Mr. Madison had also predicted, what Mr. C. feared that he should see fulfilled, that the opposite argument would lead to consolidation, or was consolidation itself, and that the consequent effect would be a monarchy. What was prediction in 1799, was already, Mr. C. said, in part realized. We had not yet arrived at the stage of monarchy, but the Executive Department was in a fair way of absorbing the whole powers of the system.

Mr. C. held it to be due to the memory of Mr. Madison and to the powerful argument just read in his report, that questions of this kind should be considered with all possible caution. He had given his views of this portion of the constitution in the prime of his life and vigor of his manhood d; and such views elevated Mr. Jefferson to the Chief Magistracy in the political revolution of 1800, and afterwards elevated Mr. Madison himself. The fame of this illustrious man, and the debt which we owed him for all he did for our institutions, demanded that we should do nothing on the present occasion to show a want of respect for him or his sentiments.

The question now before the Senate, Mr. C. said, was, whether Congress had the power to purchase the copyright of Mr. Madison's papers, which, in the present state of political feelings, were regarded, of little or no value in the money market. Mr. C. regarded it as truly deplorable, that these invaluable papers, which threw a light upon the constitution which had never been shed upon it before, should be deemed of no value by the public, absorbed with party politics and the low love of gain, so that such a work could not be published. But where, Mr. C. asked, was the special power in

the constitution for Congress to publish such a work? This was a solemn question, the answer to which should be shown not by precedent, but by the constitution. The practice of Congress, Mr. C. said, had been most loose on this and all other points. But the real question was, whether there was such a power in the constitution. The Chairman of the committee had not rested his argument on this, but on the broad general principle, that these papers would throw a new and brilliant light upon our institutions, and constitute a new era in their history, and in the progress of the human mind, thus promoting the general welfare by the diffusion of intelligence, for which Congress had no authority in the constitution. Mr. C. felt that his position in opposition to this resolution was a painful one; but the opinions of Mr. Madison, which were the text-book of Mr. C., and of those with whom he acted, demanded that he should not abandon it. He had spoken as briefly as possible, and wished chiefly for the opportunity of recording his vote against the proposition.

[Mr. Preston here rose in support of the resolution, and defended, at some length, the constitutionality of the proposed appropriation. He was followed by Mr. Crittenden and Mr. Webster on the same side, who concurred entirely in the expediency and constitutionality of the purchase.]

Mr. Calhoun rejoined, and further insisted upon the ground he had before taken. There was no diversity of opinion as to the value of these manuscripts, nor with regard to the great character of Mr. Madison, nor as to its being a very desirable object that this work should be published; but whether it should be published by the agency of Congress, was a different question. The work, however, would be published at all events. Mrs. Madison had been offered $5,000 for it. That was sufficient to secure the publication. If Congress wished any copies for the library, they

could furnish themselves with as many as might be necessary. Why must they purchase the copyright? Would this application ever have come here, if Mrs. Madison had been offered by the booksellers enough money to cover the legacies in her husband's will?

[Mr. Crittenden interposed, and said he presumed it would. The reverence in which that distinguished woman held her husband's memory, would naturally induce her to desire to dispose of this manuscript rather to the Government of his country than to booksellers. As to purchasing the copyright, so precious did he hold the manuscript itself, that, did he possess it, he would not take the $30,000 for it.]

Mr. Calhoun resumed, and insisted that, let gentlemen twist and turn the question as they pleased, it amounted to neither more nor less than this-an appropriation by Congress to pay the legacies in Mr. Madison's will. Mr. C. profoundly regretted that those legacies had ever been charged upon the avails of this manuscript. Mr. Madison had died. childless, and had left his wife in easy circumstances. How much better would it have been, had he left this work free of all cost as a legacy to the American people? And he no less regretted that Mrs. Madison had ever made the present application to Congress, and his regret was yet heightened, because a compliance with her request involved a plain and palpable violation of that rule in the interpretation of the constitution which Mr. Madison himself had laid down. The rule was full of the profoundest political wisdom and foresight, and evinced in the mind of that great man a just foreboding as to the fate of this Government. It would honor the memory of Madison far more to regard this rule, than to purchase this manuscript. And if the manuscript itself was esteemed so valuable, there was no doubt that the printer, after the edition was worked off, would very gladly give the original to Congress. He then went on in a course of argument to show, that the appropriation involved a violation of

the principles laid down by Mr. Madison, with respect to limited powers, and would, if carried out, leave it in the power of the Government to perform any act whatever, which it might deem conducive to the general welfare. In reply to the inquiry of Mr. Crittenden, as to the erection and decoration of the Capitol, he observed that the case was very plain. They were a legislative body, and must have a house in which to assemble; and whether the building were small or large, more or less expensive, did not vary the constitutional question. As to its profuse decoration, there had been many politicians of the old school who doubted its expediency, and thought that much plainer buildings would have been more consistent with our republican simplicity. As to the exploring expedition, Mr. C. greatly doubted the right of Congress to sanction any such measure. But thus we proceeded, step by step; one departure was made to sanction another, until, at length, they came down to the great question which had originally separated the two parties in this Government. Mr. C. admitted that, when a young man, and at his entrance upon political life, he had inclined to that interpretation of the constitution which favored a latitude of powers; but experienced observation and reflection had wrought a great change in his views; and, above all, the transcendent argument of Mr. Madison himself, in his celebrated resolutions of 1798, had done more than all other things to convince him of his error. The opposite course tended to a government of unlimited powers, and in such a government the Executive Department must inevitably swallow up all the rest. The Senator from Kentucky (Mr. Crittenden) had warred nobly against Executive encroachments, but that warfare would be all in vain unless the money power of the Government should be closely watched. He had been struck with the sagacity and foresight of Mr. Jefferson, in a remark of that great statesman, that legislative usurpation would always precede executive,

could furnish themselves with as many as might be necessary. Why must they purchase the copyright? Would this application ever have come here, if Mrs. Madison had been offered by the booksellers enough money to cover the legacies in her husband's will?

[Mr. Crittenden interposed, and said he presumed it would. The reverence in which that distinguished woman held her husband's memory, would naturally induce her to desire to dispose of this manuscript rather to the Government of his country than to booksellers. As to purchasing the copyright, so precious did he hold the manuscript itself, that, did he possess it, he would not take the $30,000 for it.]

Mr. Calhoun resumed, and insisted that, let gentlemen twist and turn the question as they pleased, it amounted to neither more nor less than this-an appropriation by Congress to pay the legacies in Mr. Madison's will. Mr. C. profoundly regretted that those legacies had ever been charged upon the avails of this manuscript. Mr. Madison had died childless, and had left his wife in easy circumstances. How much better would it have been, had he left this work free of all cost as a legacy to the American people? And he no less regretted that Mrs. Madison had ever made the present application to Congress, and his regret was yet heightened, because a compliance with her request involved a plain and palpable violation of that rule in the interpretation of the constitution which Mr. Madison himself had laid down. The rule was full of the profoundest political wisdom and foresight, and evinced in the mind of that great man a just foreboding as to the fate of this Government. It would honor the memory of Madison far more to regard this rule, than to purchase this manuscript. And if the manuscript itself was esteemed so valuable, there was no doubt that the printer, after the edition was worked off, would very gladly give the original to Congress. He then went on in a course of argument to show, that the appropriation involved a violation of