A Compilation of the Messages and Papers of the Presidents. Volume 5, part 3: Franklin Pierce
History
A Compilation of the Messages and Papers of the Presidents. Volume 5, part 3: Franklin Pierce
Pierce, Franklin, 1804-1869; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
It can not be questioned that if Congress has power to make provision
for the indigent insane without the limits of this District it has the
same power to provide for the indigent who are not insane, and thus
to transfer to the Federal Government the charge of all the poor in
all the States. It has the same power to provide hospitals and other
local establishments for the care and cure of every species of human
infirmity, and thus to assume all that duty of either public
philanthropy or public necessity to the dependent, the orphan, the
sick, or the needy which is now discharged by the States themselves
or by corporate institutions or private endowments existing under the
legislation of the States. The whole field of public beneficence is
thrown open to the care and culture of the Federal Government. Generous
impulses no longer encounter the limitations and control of our
imperious fundamental law; for however worthy may be the present object
in itself, it is only one of a class. It is not exclusively worthy of
benevolent regard. Whatever considerations dictate sympathy for this
particular object apply in like manner, if not in the same degree, to
idiocy, to physical disease, to extreme destitution. If Congress may
and ought to provide for any one of these objects, it may and ought to
provide for them all. And if it be done in this case, what answer shall
be given when Congress shall be called upon, as it doubtless will be, to
pursue a similar course of legislation in the others? It will obviously
be vain to reply that the object is worthy, but that the application has
taken a wrong direction. The power will have been deliberately assumed,
the general obligation will by this act have been acknowledged, and the
question of means and expediency will alone be left for consideration.
The decision upon the principle in any one case determines it for the
whole class. The question presented, therefore, clearly is upon the
constitutionality and propriety of the Federal Government assuming
to enter into a novel and vast field of legislation, namely, that of
providing for the care and support of all those among the people of the
United States who by any form of calamity become fit objects of public
philanthropy.
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