Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-10-23

lie means reccssary anu proper "a carry chen
INTO effect. EXariinc the debates of the state
| conNentions-tAc soundest writings at :hc
iims--cXamme the history of the 10Th amend
mcnt; aud see whether you can produce one
authority on which You can rely, that the fe-
dera! government can do every thing which il
IS not expressly prohibited from dong-ii
these doctrines be not a he,esy-ir they are
not calculated 10 sweep of the rights OF the
states, we should wish to know what can de-
serve that appellation. The only wonder with
us Is, To such doctrines from SD respected
a quarter.
We conclude by submitting the following
conclusive extract on this very clause of the
| constitution from the LIST vol. ofthe Federalist
some, who have not denied the necessity of the
power oil taxation, have grounded very fierce attack
against The constitution, The language in which it
Is defined II has been urged and echoed that the
power To lay and collect taxes, duties, nposts aud
" excuses, TO pay debts. and provide for the common
defence aud general welfare of the United States"
amounts 10 an unlimited commission To exercise eve
ry power, which, may he alleged be necessary fo
'ne conn"3n defence or general welfare. No stronger
proof could he gwen of the distress under which
these writers labor for objections, than their STOPPING
to such a misconstruciion.
Had no other enumeration or definition OF the
powers of the congress hce, found in the constitution
tnan the general expressions just cited, the authors
oi the objection might have had some colour for il
though II would have been difficult fnd reason
Tor so awkward form of describing authority to
eSiSlae IN all possible eases. A power TO destroy
the freedom of the press the trial by urv or even TO
regulate the course of desccuts the forms of con-
veyances, must be very singulary expressed by the
terms . TO raise money for the general welfare"
But what colour can the objection have, when a
specification oil the objects alluded by these gene
raj terms, Immediately follows and is not even sepa-
rated , by longer pause than sencolon I: IL the
diiereni parts OF the same instrument ought To he
eSpounded as 10 give meaning TO every part which
VIII bear IT shall one part of the sentence he
excluded altogether from share in the meaning !;
ana siiai the more doubtful and indefinite terms be
retained IN their full extent and the clear and precise
expressions be denied any signiication whatsoever /:
l. or what purpose could the enumeration OF particular
powers he inserted, f these and all others were To be
included III the preceding general power Nothing
Is more natural or common, than first general
PM se, and then to explain and qualify it by recital
oil particulars but the idea OF AN enumeration OF
particulars, which neither explain qualify the ge-
neral meaning, and can have other effect than TO
conionnd and misieMl, is an abSurdity which, rs we
are reduced TO the dilemma of charging either on the
authors ut the objection, Tic authors of the
constitutions we must take the liberty of surprising
had not lis origin with the latter.
The objection here is the more extraordinary, as il
appears, that the language used nv the convention
n copy from the articles of confederation. The oh
Jects oil the union among the States described in
article Sd are, =" their common defence, security of
~ their liberties, and mutual and general welfare. -
me terms OF article 9Th, still IDENTICAL
" All charges OF war, and all other expenses that
" shall he incurred for the defence or gener-
" nj welfare, and allowed by the United States in
:" congress, shall be betrayed OF common
" treasury, &c.' \ similar language again occurs in
article 9. Consruc either of these articles hv the
rules which would Justify the construction put ON the
new constitution, and they in the existing con-
gresS power TO legislate in all cases whatsoever
but what would have been thought of that assembly
II attaching themselves To these general expressons
and dsregarding the specifications, which ascertain
and limit their import they had exercised unlimit-
cd power OF providing for the common defence and
general welfare | appeal TO the directors them
selves, whether they would in that have employ
ed the same reasoning in Justification of congress- as
imcy now make use of against The convention. How