Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-10-05

II. o,hci questions preytn,;r, ,Lcinse!y,S, ac---
l. Whether 'n'en,ions have appeared OLA dcsiga
cxpound certain general phrases copied from the ar
tcics oil confederation 81 DESTROY the effect of
! me particular enumeration exp;aining and limiting
heir meaning. = Whether his exposition would by
degrees consolidate the St;.teS into one suveregatt
s. Whether the tendency and result OF ihi, con o-
da'lon wonli beio transform the sblican system of
| the United States into "a monarchy
]. The general phrases here meant mast be those
OF providing Tor the ccmgion defence and general
| welfare"
!u the :" articles ofconedcraton' the phrases are
used a. follows, in art. VIZ " III charges Of war
and all other expenses that shall be incu,red for ne
common defence and general crifrc and allowed lN
the United States IN congress assembled shall lac de-
mayed out oil common treasury, which shall he sup
pcd 10y the scvers states, ~ oporton to the value
oil all land within each state, granted To- or SURVEYED
Tor any person, such land aud the buildings aud
Improvements thereon shail he estimated according 10
snrh mode as the United States congress assembled
shall from time 20 time direct and appoint"
In the existing CONSTITUTION, they make the follow
ing part oil sect .. The congress shall have power.
to uy and collect taxes, duties imposts and excuses to
pay the debts, aud provide for the common defence
il,l general welfare OF the United States"
rms similarity IN the use Of these phrases in the
two great federal charters. might well be considered,
as rendering their meaning less liable be miscon-
Strrcd III the latter because il will scarcely be said
that IN the former they ever understood to he
eitiera general grant Of power, authorsc the
rcqusition or application of money by the old
gress TO the common defence and genera; welfare,
except IN the cases afterwards enumerated which ex
pia'n"d and limited their meaning and il such was
the limited meaning attached To these phrases in the
very instrument revised and remodeIed by the pre-
sent constitution, il can be supposed that when
copied into this constitution, "A different meaning
ought to he attached 10 them
That Notwithstanding this remarkable security ~
Saiisi niscons,rncton, design has been Indicated To
eXround these phrases in the constitutions SO US to
destroy the effect of the particular enumeration of
powers by which II explains and limits them must
nave fallen under the observation of those who have
attended to the OF public transactions Not
10 multiply proofs this subject, il will suffice To
Ter 10 the debates othc federal legislature in which,
arguments have different occasions been drawn
with apparent effect from these phrases in their indie
Unite meaning"
" Now whether the phrases in question be cons,,u.
Ell 10 antnorise every measure relating the COM
iion defence and general welfare, as commended bv
some or every measure only ia which there might
d" an application OF money! suggested bv the eau
ton OF others the effect must substantially he the
same Ia destroying the import and nrce of the parti-
cum, enumeration OF powers which follow these ge-
neral phrases IN the constitution For il is evident
tlat there is not single power whatever which may
not nave some reference To the common defence or
inc general welfare nor power of any aeniiude,
whci, ~ MS exercise, does involve admit an
| Application of money. The governments therefore
winch possesses power in either or other ofthesc
eNiens, IS II government without the limitations form
ed by particular enumeration of powers and con-
seq"entiy the meaning and effect of this particular
en"mer'iIon Is destroyed by the exposition given to
these general phrases
This conclusion will not he aIe ctcd by nm a,,enpt
To qualify the power the general welfare" 6v
referring II 10 cases where the General 1oelGye he
yond the reach of separate provisions by the iadsql
staf'I and leaving 10 these their jurisdictions in cases
10 which their separate provisions may he competent
For, as the authority of The individual states must in
an cases be incompetent To general regulations opera
! ing through the whole, the authority OF the United
STATES would he extended 10 every object relating TO
cue general welfare which might, by any possibility.
ne provided fer by the general authority This Qua
hying construction, therefore. would have li,tc If
amy Tendency, 10 circumscribe the power claimed I'M
| der The latitude of the terms /" general welfare"
" he true and fair construction of this exprcssion
| boih III the original and existing federal compacts
appears To the committee obvious TO he mistaken
In DON, The Congress is authorised to provide money
| Tor The common defence and general wciEUe In both
Is sntjoInec to This authority enumeration OF the
cases, 10 which their powers shall extend. Money
cannot he applied To the general tcelf1re otherwise
IMAM ny an application of some particular mea-
sure, conducive 10 the general welfare. Whenever
therefore, money has been raised by the general a,-
thorlty and IS TO be applied particular measure
a question arises, whether the particular measure be
Wth the enumerated authorities vested in Congress
III !! be, the money requisite far it, may be applied
10 IL IL be not, no such application can be made
ms air anu obvious Interpretation comedies with
ana IS enforced 10y, the clause in the constitution
| Mhch declares, that" no money shall be drawn from
me treasury, hut IN consequence of appropriations by
raw An appropriation oimoney TO the general vel
i'ie, would be deemed rather mockery than an OBJ
serVhnce oil this constitutional Injunction"
From q VCcTrp a. ACKNOWLEDGEMENTS