Edwardsville spectator. [volume] (Edwardsville, Ill.) 1819-1826, 1823-10-25

| raj welfare OF the United States; out all
duties, imposts and excuses shall be uni
form throughout the United States"
First, the power is given to lay taxes;
next the objects are enumerated TO which
the money accruing from the exercise
of this power, may be appled--to pay
the debts, provide for the defence, and
promote the general welfare and last,
the rule for laying the taxes is prescrlb-
ed-that all duties, imposts, and excuses
shall be uniform. Ii the trainers had
intended to limit the use of the money
to the powers afterwards enume Grated
and defined, nothing could have been
more easy than to have expressed 1t
plainly. He knew il was The opinion OF
some, that the words "to pap the debt,
and provide for the common defence
and general we!fafe," which he had
Just cited, were not intended 10 be re-
terred 10 the power of laying taxes, con-
| tanned in the first part ofthc section, but
that they are to be understood as distinct
and independent powers, granted in go
neral terms; and are restricted by a
more detailed enumeration OF powers
in the subsequent part OF the consiitu-
ton. II such were in fact the meaning,
surely nothing can be conceived more
bungling and awkward than the manner
in which the trainers have communcat-
ed their intention. If it were their in
tention to make summary OF the pow
ers Of Congress in general terms, which
were afterwards to be particularly defined
and enumerated, they should have told
us so plainly and distinctly; and if the
words "to pay the debt, and provide
for the common defence and general
weIfare," were intended for this snmma-
ry, they should have headed the list OF our
powers, and il should have been stated
that to effect these general objects, the
following specific powers were granted.
H asked the members TO read the Sec
ton with attention, and it would, he
conceived, plainly appear that such
could not be the intention, The whole
section seemed TO him 10 be about taxes.
1t plainly commenced and ended with it
and nothing could be more strained than
10 suppose the intermediate words to
pay the debt and provide for the COM
mon defence and general welIare,' were
to be taken as independent and distinct
powers. Forced, however, as such
construction was, he might admit 1t, and
urge that roads do constitute part OF
the enumerated powers. The consutu-
ion, said he, gives 10 congress the pow
er to establish post-ofices and post
roads. He knew the Interpretation
which was usually given TO these words
confined our power 10 that OF signaling
only the Dost-roads but it seemed to
him that the word establish" compre-
tended something more. But suppose
the constitution 10 be silent, said Mr. &.
WHY should we be confined III the appli-
cation of money to the enumerated pow
ers ? There IS nothing III he reason OF
the thing. that he could perceive, why
It should be restricted; and the habitu-
al and Uniform practice OF the govern
ment conceded with his opinion. Our
laws are full of instances OF money APP
propriated without any reference TO the
enumerated powers. We granted by
an unanimous vote, or nearly so, $4,000
dollars to the distressed inhabitants Of
Caracas, and very large sum, at two
different times TO the Saint Domingo
refugees. II we are restricted in tho
use Of our money to the enumerated
powers, on what principle, said he, can
he purchase of Louisiana be justified
To pass over many other instances, the
identical power, which is now the sub
ect Of discussion, has in several instan-
ces been exercised. To look no further
back, at the last session considerable
sum was granted to complete the Cum
berland road. In reply to this uniform
course of legislation, Mr. G. expected
it would be said, that our constitution
was founded on positive and written
principles, and not on precedents. lie
did not deny the position; but he intro
duced these instances to prove the uni
form sense of congress, and the country,
Tor they had not been objected toy as 10
our powers and surely, said he, they
furnish better evidence OF the true inter-
probation of the constitution than the
most refined and subtle arguments.
Let it not be urged that the cons,ruc-
ton for which he commended gave dam
gerous extent to the powers OF congress.
In this point of view he conceived it to
be more safe than the opposite. BY
Giving reasonable extent to the money
power, it exempted from the necessity
of giving a strained and forced construc-
ton 10 The other enumerated powers.