The central gazette. [volume] (Charlottesville, Va.) 1820-1827, 1825-02-05

.
under the sanction Of the folio wing opinion
on the subject, by James Madison, our former
president.
PROCEEDINGS IN the Tuginia assembly, passed
az December, 1898, ,oith the ,e''ietc EFF tie
consn:atee thereon, presented Tuesday Jann-
airy z, 1905
The other questions pres enting themselves
are Whether indications have appeared ui
a design to cXpound certain general phrases
copied from the :. articles of confederation -
so as destroy TIE effect oil the particular en- u
meration explaining and limiting their mean
ing. 2. Whether this exposition would by
degrees consolidate the states into one sovei.
eighty. ) Whether the tendency and result
| of this consolidation would he to transform the
Republican system; OF the United States into
a monarchy
The general phrases here meant must he
those "of providing for the common defence
and general welfare.
In the g articles Of confeder alton {" the phra-
scs are used as follows, in article VIII "AiI
charges Of war, and all other expences that
shall he incurred for tie common defence ard
general pcifUe and allowed by the United
States in congress assembled. shall be betrayed
out of a common treasury. which shall be sup
piled by the several states, in proportion to the
value Of all land within each state, granted to
or surveyed fer the person. as such land and
the buildings and improvements thereon shall
be estimated. according TO such mode as the
United States in Congress assembled, shall
from time to time direct and appoint"
In the existing constitution, they make the
following part Of section s. The congress
shall have power to lay and collect taxes, du
ties, imposts ard excuses to pay the debts and
provide for the common defence and general
welfare Of the United States
This ST nilaIity in the use O. these phrases
in the two great federal charters, might well
he considered. as rendering their meaning less
liable TO be ,nisconstrucd i'm the latter, because
it will scarcely be said that in the former they
were ever understood to be either general
grant or power, or to authorize the requisition
or application of money by the old congress
to the common defence and general welfare.
eXcept ia the cases afterwards enumerated
which explained and limited their meaning ::
and if such was the limited meaning attached
to these phrases in the very instrument revised
and rcmodeleA by the present constitution. it
can never be suppose ed that when copied into
this constitution, different meaning ought to
be attached 10 them.
That notwithstanding this remarkable secu-
ritv against misconstruction, design has
been indie atcd to expound these phrases in the
constitution so as to destroy the effect Of the
u
explains ami limits them. must have fallen IN.
der the observation of those who have attend
ed to the course Of public transactions Not
to multiply proofs on this subject it will sui
fee to refer 10 the debates in the Federal !.c
gislature in which arguments have on differ
ent occasions been drawn with apparent ef-
feet. from these phrases to their indefinite
meaning
To .hese Indications might he added. with
out looking further, the official report on
manu- actures by the late Secretary Of the
Treasury, made on the 9Th OF Dee 1871: aud
the report OF committee Of Congress in Jan
1877, on the promotion Of agriculture In
the first Of these, it is expressly contended 20
belong sto the discretion o. the National lie
gislatnre o pronounce upon the objects which
concern the general iDeIfG,c and for which
under that description, an Appropriation OF
money is requisite and proper. And there
seems to be no room for doubt that whatc-
Yer concerns the general interests oflea,nine,
of agriculture, Of MANI dctu,es. and of com
| merce, are within. the sphere Of the national
councils, as fnrsGs regards an application OF
money Che latter report assumes the same
latitude Of power in the national councils, and
applies it to the encouragement of agriculture
by means Of society,to be established at the
seat of government SAltbough neither OF
these reports NAV have received the sanction
of law carving it into effect, vet, on the
other hand. the extraordinary doctrine con.
| tained in both, has passed without the slight
| est positive marx OF disapprobarion from the
authority TO which it was addressed. Cen
g1esS
Now whether :he phrases in question be
| construed to authorise every measure relating
| to the common defence and general welfare.
| as commended by some r or every MEASURE on
| " i'm which there might be an Application OF
money suggested nv the caution OF others +
the effect must substantially be toe same. in
| destroying the import and force OF the particu-
| lar enumeration Of powers. which follow these
general phrases in the constitution. For it is
| evident that there is not single power what-
yer, which NAV not have some reference to
the common defence. or'the general welfare ::
| nor a power OF any magnitude which in its
| exercise does not involve or admit any appli
cation Of money. The government therefor C
| winch possesses power in either one or other
| OF these exteBts. is government without the
| limitations formed by a particular enumera-
! ton o. powers and consequently the meaning
and effect OF this particular enumeration. is
| DESTROYED by the exposition given to these
general phrases
The Conclusion will not he effected by an
| attempt to qualify the power over the general
welfare by referring it TO cases where the
| General ,ceLare is beyond the reach Of sepa
rate provisions by the indiridnui states and
leaving to these their jurisdictions in rases, to
which their separate provisions may be com
petcnt For as the authority of the indi' idu.
| al states must in all cases be incompetent 10
general regulations operating through the
whole. the authority Of The United States
| would re extended to every object relating to
L. L.