Rand Paul Invokes Davy Crockett | Not Yours to Give

Rand Paul quotes Essay from 1867 Harper magazine ‘Not Yours To Give’ Davy Crockett.

David Crockett (August 17, 1786 – March 6, 1836) was an American folk hero, frontiersman, soldier, and politician. He is commonly referred to in popular culture by the epithet “King of the Wild Frontier”. He represented Tennessee in the U.S. House of Representatives and served in the Texas Revolution.

The MISES INSTITUTE has a cataloging of this story from The Life of Colonel David Crockett, compiled by Edward S. Ellis (Philadelphia: Porter & Coates, 1884). Included in Free Market Economics: A Basic Reader, compiled by Bettina B. Greaves (Irvington-on-Hudson, NY: Foundation for Economic Education, 1975). See also the MACKINAC CENTER.

One day in the House of Representatives, a bill was taken up appropriating money for the benefit of a widow of a distinguished naval officer. Several beautiful speeches had been made in its support. The Speaker was just about to put the question when Davy Crockett arose:

“Mr. Speaker—I have as much respect for the memory of the deceased, and as much sympathy for the sufferings of the living, if suffering there be, as any man in this House, but we must not permit our respect for the dead or our sympathy for a part of the living to lead us into an act of injustice to the balance of the living. I will not go into an argument to prove that Congress has no power to appropriate this money as an act of charity. Every member upon this floor knows it. We have the right, as individuals, to give away as much of our own money as we please in charity; but as members of Congress we have no right so to appropriate a dollar of the public money. Some eloquent appeals have been made to us upon the ground that it is a debt due the deceased. Mr. Speaker, the deceased lived long after the close of the war; he was in office to the day of his death, and I have never heard that the government was in arrears to him.

“Every man in this House knows it is not a debt. We cannot, without the grossest corruption, appropriate this money as the payment of a debt. We have not the semblance of authority to appropriate it as a charity. Mr. Speaker, I have said we have the right to give as much money of our own as we please. I am the poorest man on this floor. I cannot vote for this bill, but I will give one week’s pay to the object, and if every member of Congress will do the same, it will amount to more than the bill asks.”

He took his seat. Nobody replied. The bill was put upon its passage, and, instead of passing unanimously, as was generally supposed, and as, no doubt, it would, but for that speech, it received but few votes, and, of course, was lost.

Later, when asked by a friend why he had opposed the appropriation, Crockett gave this explanation:

“Several years ago I was one evening standing on the steps of the Capitol with some other members of Congress, when our attention was attracted by a great light over in Georgetown. It was evidently a large fire. We jumped into a hack and drove over as fast as we could. In spite of all that could be done, many houses were burned and many families made homeless, and, besides, some of them had lost all but the clothes they had on. The weather was very cold, and when I saw so many women and children suffering, I felt that something ought to be done for them. The next morning a bill was introduced appropriating $20,000 for their relief. We put aside all other business and rushed it through as soon as it could be done.

“The next summer, when it began to be time to think about the election, I concluded I would take a scout around among the boys of my district. I had no opposition there, but, as the election was some time off, I did not know what might turn up. When riding one day in a part of my district in which I was more of a stranger than any other, I saw a man in a field plowing and coming toward the road. I gauged my gait so that we should meet as he came to the fence. As he came up, I spoke to the man. He replied politely, but, as I thought, rather coldly.

“I began: ‘Well, friend, I am one of those unfortunate beings called candidates, and—’

“‘Yes, I know you; you are Colonel Crockett, I have seen you once before, and voted for you the last time you were elected. I suppose you are out electioneering now, but you had better not waste your time or mine. I shall not vote for you again.’

“This was a sockdolagerI begged him to tell me what was the matter.

“‘Well, Colonel, it is hardly worth-while to waste time or words upon it. I do not see how it can be mended, but you gave a vote last winter which shows that either you have not capacity to understand the Constitution, or that you are wanting in the honesty and firmness to be guided by it. In either case you are not the man to represent me. But I beg your pardon for expressing it in that way. I did not intend to avail myself of the privilege of the constituent to speak plainly to a candidate for the purpose of insulting or wounding you. I intend by it only to say that your understanding of the Constitution is very different from mine; and I will say to you what, but for my rudeness, I should not have said, that I believe you to be honest….But an understanding of the Constitution different from mine I cannot overlook, because the Constitution, to be worth anything, must be held sacred, and rigidly observed in all its provisions. The man who wields power and misinterprets it is the more dangerous the more honest he is.’

“‘I admit the truth of all you say, but there must be some mistake about it, for I do not remember that I gave any vote last winter upon any constitutional question.’

“‘No, Colonel, there’s no mistake. Though I live here in the backwoods and seldom go from home, I take the papers from Washington and read very carefully all the proceedings of Congress. My papers say that last winter you voted for a bill to appropriate $20,000 to some sufferers by a fire in Georgetown. Is that true?’

“‘Well, my friend; I may as well own up. You have got me there. But certainly nobody will complain that a great and rich country like ours should give the insignificant sum of $20,000 to relieve its suffering women and children, particularly with a full and overflowing Treasury, and I am sure, if you had been there, you would have done just as I did.’

“‘It is not the amount, Colonel, that I complain of; it is the principle. In the first place, the government ought to have in the Treasury no more than enough for its legitimate purposes. But that has nothing to do with the question. The power of collecting and disbursing money at pleasure is the most dangerous power that can be intrusted to man, particularly under our system of collecting revenue by a tariff, which reaches every man in the country, no matter how poor he may be, and the poorer he is the more he pays in proportion to his means. What is worse, it presses upon him without his knowledge where the weight centers, for there is not a man in the United States who can ever guess how much he pays to the government. So you see, that while you are contributing to relieve one, you are drawing it from thousands who are even worse off than he. If you had the right to give anything, the amount was simply a matter of discretion with you, and you had as much right to give $20,000,000 as $20,000. If you have the right to give to one, you have the right to give to all; and, as the Constitution neither defines charity nor stipulates the amount, you are at liberty to give to any and everything which you may believe, or profess to believe, is a charity, and to any amount you may think proper. You will very easily perceive what a wide door this would open for fraud and corruption and favoritism, on the one hand, and for robbing the people on the other. No, Colonel, Congress has no right to give charity. Individual members may give as much of their own money as they please, but they have no right to touch a dollar of the public money for that purpose. If twice as many houses had been burned in this county as in Georgetown, neither you nor any other member of Congress would have thought of appropriating a dollar for our relief. There are about two hundred and forty members of Congress. If they had shown their sympathy for the sufferers by contributing each one week’s pay, it would have made over $13,000. There are plenty of wealthy men in and around Washington who could have given $20,000 without depriving themselves of even a luxury of life. The congressmen chose to keep their own money, which, if reports be true, some of them spend not very creditably; and the people about Washington, no doubt, applauded you for relieving them from the necessity of giving by giving what was not yours to give. The people have delegated to Congress, by the Constitution, the power to do certain things. To do these, it is authorized to collect and pay moneys, and for nothing else. Everything beyond this is usurpation, and a violation of the Constitution.

“‘So you see, Colonel, you have violated the Constitution in what I consider a vital point. It is a precedent fraught with danger to the country, for when Congress once begins to stretch its power beyond the limits of the Constitution, there is no limit to it, and no security for the people. I have no doubt you acted honestly, but that does not make it any better, except as far as you are personally concerned, and you see that I cannot vote for you.’

“I tell you I felt streaked. I saw if I should have opposition, and this man should go to talking, he would set others to talking, and in that district I was a gone fawn-skin. I could not answer him, and the fact is, I was so fully convinced that he was right, I did not want to. But I must satisfy him, and I said to him:

“‘Well, my friend, you hit the nail upon the head when you said I had not sense enough to understand the Constitution. I intended to be guided by it, and thought I had studied it fully. I have heard many speeches in Congress about the powers of Congress, but what you have said here at your plow has got more hard, sound sense in it than all the fine speeches I ever heard. If I had ever taken the view of it that you have, I would have put my head into the fire before I would have given that vote; and if you will forgive me and vote for me again, if I ever vote for another unconstitutional law I wish I may be shot.’

“He laughingly replied: ‘Yes, Colonel, you have sworn to that once before, but I will trust you again upon one condition. You say that you are convinced that your vote was wrong. Your acknowledgment of it will do more good than beating you for it. If, as you go around the district, you will tell people about this vote, and that you are satisfied it was wrong, I will not only vote for you, but will do what I can to keep down opposition, and, perhaps, I may exert some little influence in that way.’

“‘If I don’t,’ said I, ‘I wish I may be shot; and to convince you that I am in earnest in what I say I will come back this way in a week or ten days, and if you will get up a gathering of the people, I will make a speech to them. Get up a barbecue, and I will pay for it.’

“‘No, Colonel, we are not rich people in this section, but we have plenty of provisions to contribute for a barbecue, and some to spare for those who have none. The push of crops will be over in a few days, and we can then afford a day for a barbecue. This is Thursday; I will see to getting it up on Saturday week. Come to my house on Friday, and we will go together, and I promise you a very respectable crowd to see and hear you.’

“‘Well, I will be here. But one thing more before I say good-by. I must know your name.’

“‘My name is Bunce.’

“‘Not Horatio Bunce?’

“‘Yes.’

“‘Well, Mr. Bunce, I never saw you before, though you say you have seen me, but I know you very well. I am glad I have met you, and very proud that I may hope to have you for my friend.’

“It was one of the luckiest hits of my life that I met him. He mingled but little with the public, but was widely known for his remarkable intelligence and incorruptible integrity, and for a heart brimful and running over with kindness and benevolence, which showed themselves not only in words but in acts. He was the oracle of the whole country around him, and his fame had extended far beyond the circle of his immediate acquaintance. Though I had never met him before, I had heard much of him, and but for this meeting it is very likely I should have had opposition, and had been beaten. One thing is very certain, no man could now stand up in that district under such a vote.

“At the appointed time I was at his house, having told our conversation to every crowd I had met, and to every man I stayed all night with, and I found that it gave the people an interest and a confidence in me stronger than I had every seen manifested before.

“Though I was considerably fatigued when I reached his house, and, under ordinary circumstances, should have gone early to bed, I kept him up until midnight, talking about the principles and affairs of government, and got more real, true knowledge of them than I had got all my life before.

“I have known and seen much of him since, for I respect him—no, that is not the word—I reverence and love him more than any living man, and I go to see him two or three times every year; and I will tell you, sir, if every one who professes to be a Christian lived and acted and enjoyed it as he does, the religion of Christ would take the world by storm.

“But to return to my story. The next morning we went to the barbecue, and, to my surprise, found about a thousand men there. I met a good many whom I had not known before, and they and my friend introduced me around until I had got pretty well acquainted—at least, they all knew me.

“In due time notice was given that I would speak to them. They gathered up around a stand that had been erected. I opened my speech by saying:

“‘Fellow-citizens—I present myself before you today feeling like a new man. My eyes have lately been opened to truths which ignorance or prejudice, or both, had heretofore hidden from my view. I feel that I can today offer you the ability to render you more valuable service than I have ever been able to render before. I am here today more for the purpose of acknowledging my error than to seek your votes. That I should make this acknowledgment is due to myself as well as to you. Whether you will vote for me is a matter for your consideration only.’

“I went on to tell them about the fire and my vote for the appropriation and then told them why I was satisfied it was wrong. I closed by saying:

“‘And now, fellow-citizens, it remains only for me to tell you that the most of the speech you have listened to with so much interest was simply a repetition of the arguments by which your neighbor, Mr. Bunce, convinced me of my error.

“‘It is the best speech I ever made in my life, but he is entitled to the credit for it. And now I hope he is satisfied with his convert and that he will get up here and tell you so.’

“He came upon the stand and said:

“‘Fellow-citizens—It affords me great pleasure to comply with the request of Colonel Crockett. I have always considered him a thoroughly honest man, and I am satisfied that he will faithfully perform all that he has promised you today.’

“He went down, and there went up from that crowd such a shout for Davy Crockett as his name never called forth before.

“I am not much given to tears, but I was taken with a choking then and felt some big drops rolling down my cheeks. And I tell you now that the remembrance of those few words spoken by such a man, and the honest, hearty shout they produced, is worth more to me than all the honors I have received and all the reputation I have ever made, or ever shall make, as a member of Congress.

“Now, sir,” concluded Crockett, “you know why I made that speech yesterday.

“There is one thing now to which I will call your attention. You remember that I proposed to give a week’s pay. There are in that House many very wealthy men—men who think nothing of spending a week’s pay, or a dozen of them, for a dinner or a wine party when they have something to accomplish by it. Some of those same men made beautiful speeches upon the great debt of gratitude which the country owed the deceased—a debt which could not be paid by money—and the insignificance and worthlessness of money, particularly so insignificant a sum as $10,000, when weighted against the honor of the nation. Yet not one of them responded to my proposition. Money with them is nothing but trash when it is to come out of the people. But it is the one great thing for which most of them are striving, and many of them sacrifice honor, integrity, and justice to obtain it.”

The General Welfare | Righting Constitutional Misconceptions

From My “Concepts” Series

It was the author of the U.S. Constitution James Madison, who proclaimed:

  • “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.”

(click to enlarge)

In this latest example (originally posted Sept of 2012) of John Van Huzuim’s conflating terms and ideas, we see a prime  example of how liberals will argue. First, let us deal with how the framers of the Constitution understood “General Welfare,” and not what John says it means or how he thinks conservative Republicans understand it. Here is some input from two of the authors of the Constitution, professor Williams explains:

On September 17, 1787, thirty-nine men signed the U.S. Constitution. Each year since 2004, we have celebrated Constitution Day as a result of legislation fathered by Senator Robert Byrd that requires federal agencies, and every school that receives federal funds, including universities, to have some kind of program on the Constitution. I cannot think of a more deceitful piece of legislation or a more constitutionally odious person to father it – a person who is known as, and proudly wears the label, “King of Pork.” The only reason that Constitution Day is not greeted with contempt is because most Americans are totally ignorant about the framer’s vision in writing our constitution. Let’s examine that vision to see how much faith and allegiance today’s Americans give to the U.S. Constitution.

James Madison is the acknowledged father of the constitution. In 1794, when Congress appropriated $15,000 for relief of French refugees who fled from insurrection in San Domingo to Baltimore and Philadelphia. James Madison wrote disapprovingly, “I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents.” Today, at least two-thirds of a $2.5 trillion federal budget is spent on the “objects of benevolence.” That includes Medicare, Medicaid, Social Security, aid to higher education, farm and business subsidies, welfare, ad nauseam.

A few years later, James Madison’s vision was expressed by Representative William Giles of Virginia, who condemned a relief measure for fire victims. Giles insisted that it was neither the purpose nor a right of Congress to “attend to what generosity and humanity require, but to what the Constitution and their duty require.”

In 1827, Davy Crockett was elected to the House of Representatives. During his term of office a $10,000 relief measure was proposed to assist the widow of a naval officer. Davy Crockett eloquently opposed the measure saying, “Mr. Speaker: I have as much respect for the memory of the deceased, and as much sympathy for the suffering of the living, if there be, as any man in this House, but we must not permit our respect for the dead or our sympathy for part of the living to lead us into an act of injustice to the balance of the living. I will not go into an argument to prove that Congress has not the power to appropriate this money as an act of charity. Every member on this floor knows it. We have the right as individuals, to give away as much of our own money as we please in charity; but as members of Congress we have no right to appropriate a dollar of the public money.”

In 1854, President Franklin Pierce vetoed a popular measure to help the mentally ill saying, “I cannot find any authority in the Constitution for public charity.” To approve the measure “would be contrary to the letter and the spirit of the Constitution and subversive to the whole theory upon which the Union of these States is founded.” During President Grover Cleveland’s two terms in office, he vetoed many congressional appropriations, often saying there was no constitutional authority for such an appropriation. Vetoing a bill for relief charity, President Cleveland said, “I can find no warrant for such an appropriation in the Constitution, and I do not believe that the power and duty of the General Government ought to be extended to the relief of individual suffering which is in no manner properly related to the public service or benefit.”

Compared to today, yesteryear’s vision vastly differs in what congressional actions are constitutionally permissible. How might today’s congress, president and courts square their behavior with that of their predecessors? The most generous interpretation of their behavior I can give is their misunderstanding of Article I, Section 8 of the Constitution that reads, “The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States.” Misuse of the “general welfare” clause serves as warrant for Congress to do just about anything upon which it can secure a majority vote.

The framers addressed the misinterpretation of the “general welfare clause. James Madison said, in a letter to James Robertson, “With respect to the two words ‘general welfare’, I have always regarded them as qualified by the detail of powers connected with them. To take them in a literal and unlimited sense would be a metamorphosis of the Constitution into a character which there is a host of proofs was not contemplated by its creators.” James Madison also said, “If Congress can do whatever in their discretion can be done by money, and will promote the General Welfare, the Government is no longer a limited one, possessing enumerated powers, but an indefinite one, subject to particular exceptions.” James Madison laid out what he saw as constitutional limits on federal power in Federalist Paper Number 45 where he explained, “The powers delegated by the proposed Constitution to the federal government are few and defined . . . to be exercised principally on external objects, as war, peace, negotiation, and foreign commerce.”

Thomas Jefferson explained in a letter to Albert Gallatin, “Congress has not unlimited powers to provide for the general welfare, but only those specifically enumerated.”

What accounts for today’s acceptance of a massive departure from the framer’s clear vision of what federal activities were constitutionally permissible? It is tempting to blame politicians and yes we can blame them some but most of the blame lies with the American people who are either ignorant of the constitutional limits the framers imposed on the federal government or they have contempt for those limits….

…read more…

POLITISTICK notes the difference when they write: “Progressives and their communist cousins — even RINOs (Republicans in name only) will argue the ‘General Welfare’ clause is somehow being authorization for the federal government to spend on anything members of Congress dreams up.” Continuing Madison is again quoted from:

James Madison, in his brilliance, anticipated this argument, of course, and shot it down on several different occasions:

“If Congress can do whatever in their discretion can be done by money, and will promote the general welfare, the Government is no longer a limited one possessing enumerated powers, but an indefinite one subject to particular exceptions.”

In other words, if the words “general welfare” meant going outside of the enumerated powers, there would have been no reason to even write the enumerated powers in the first place!

Madison further imagined where Congress might stretch the General Welfare clause if it were misinterpreted to be open-ended:

If Congress can apply money indefinitely to the general welfare, and are the sole and supreme judges of the general welfare, they may take the care of religion into their own hands; they may establish teachers in every State, county, and parish, and pay them out of the public Treasury; they may take into their own hands the education of children, establishing in like manner schools throughout the Union; they may undertake the regulation of all roads other than post-roads. 

In short, everything, from the highest object of State legislation, down to the most minute object of police, would be thrown under the power of Congress; for every object I have mentioned would admit the application of money, and might be called, if Congress pleased, provisions for the general welfare.

[….]

For all of the reasons above, with the Democrat Party all but merging with the Communist Party USA and the Republicans, led by big government RINO’s Paul Ryan and Mitch McConnell, only wanting slightly smaller and just barely less unconstitutional than the Democrats, I strongly support both the Convention of States and the Federalist Party. Both parties are arguing which can bastardize the U.S. Constitution the most. We know that the Democrats will always be the most aggressive in this venture but the Republicans are not far behind.

The Sage from South-Central

Larry Elder  on his radio program takes a call in regards to this exact same understanding of the General Welfare Clause.

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Ben Franklin Money Quote

  • I am for doing good to the poor, but I differ in opinion of the means. I think the best way of doing good to the poor, is not making them easy in poverty, but leading or driving them out of it. In my youth I travelled much, and I observed in different countries, that the more public provisions were made for the poor, the less they provided for themselves, and of course became poorer. And, on the contrary, the less was done for them, the more they did for themselves, and became richer. (Ben Franklin)

In another ARTICLE Professor Williams ends with this, and I think it is suitable for this discussion:

You might say, “If our Constitution provides no authority for programs near and dear to the hearts of so many Americans, the heck with the Constitution.” If that’s your perspective, you’re in good company. The Courts, Congress and the White House beat you to it. Long ago they said, “The heck with the Constitution.”

This is what John is saying, the heck with the constitution! Take note as well that not only does he miss-defines what conservative think, he also argues for police and fire personnel, and then from there jumps to welfare programs (the war on poverty, so-called). (Remember what I always point out with John? Non-sequiturs… he is full of them.) Now, Obama-Care is placed under this umbrella the writers of the clause rejected. I will end here with Professor Williams in regards to Obama-Care:

Here is the second part to POLITISTICK’s post on the matter… love me some Madison!

…Only certain, specifically identified powers, called “enumerated powers,” were delegated to the federal government from the states — powers that the Founding Fathers believed were best performed on a national basis, duties like “provide for the common defense,” to coin money, establish uniform immigration laws, “Post Offices,” treaties with foreign nations, to regulate (which does not mean restrict) interstate commerce, and a few others. These powers were clearly listed in Article I, Section 8, of the U.S. Constitution.

James Madison, considered the main author and father of the Constitution, wrote in Federalist #45, regarding the Alleged Danger from the Powers of the Union to the State Governments Considered, the following two sentences that summarize this principle of state sovereignty and a limited federal government:

“The powers delegated by the proposed Constitution to the federal government, are few and defined. Those which are to remain in the State governments are numerous and indefinite.”

Madison further described the proper role for the soon-to-be federal government versus the unique roles of the individual states:

“The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.”

So (let’s forget the politicized decision by the tyrants in black robes who declared Obamacare constitutional — it is not) what does this mean? Would a full single-payer healthcare system like the one proposed in California (which would have more than doubled the entire state budget) be allowed by the U.S. Constitution?

You bet it would — on the state level — but NOT on the national level. If people in California want to more than double their already exorbitant taxes in order to pay for such a system, they are allowed to under the Tenth Amendment, which states, referring to Article I, Section 8:

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

Nowhere in Article I, Section 8 of the Constitution among the enumerated powers are the words, medicine, health care, doctor visits, surgery, healthcare insurance (yes, people got sick in the late 1700’s and there were doctors and medicine), or anything like this even remotely mentioned as a power being transferred by the states to the federal government…..