Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-02-16

almost exclusively to the coasting trade, as s pro-
ven, in some measure, by the concluding, words OF
the clause, OF which they form part, which are as
follow: NO preference shall he given by any
regulation of commerce or revenue to the ports OF
due state over those OF another" Now, does ii not
involve absnrdity, il Congress can by T,sula-
;oa either oil commerce or oil revenue, give
preference the interior Of state, whea II Is de-
nied that power at the ports. AID is no; an eS-
penii,ue OF money the internal improvement
of certain states, calculated 10 produce this effect:
Some, also, profess to derive the power from
that part of the Constitution which says Con
sress shall have power to- declare War" From
this, 1t Is inferred that Congress has power 10
construct military roads and canals, IN order TO
carry this delegated power OF :" declaring war
into effect. This is strange logic. But tue cues
ton is settled in regard roads in page ZIG oi Be-
cret Debates, where il will be seen iiat PROPOSE
zion was made TO give Congress the power 10 en-
tabiish military roads and never acted on. 30, the
strong assertion OF the gentleman iiOnl Edsehc.u,
that this power must nc CONCEDED, amounts TO,
cor etpyeterea nlhH II is also settled in The same
bdok in regard 10 canals, where it apPears that an
Snsuccesslu proposition WAS made 10 grant Con-
sress this power. One more brief view OF this
subject and have done with it. "Cougress shall
have power TO declare war Now, 1t would
seem, that an almost irresistible inference from
iais, would be, power 10 raise armies; which
power the gentleman from Eiseiied say, Is i'm
Piled; he will find lie is mistaken by referring 10
The Sth section OF the !st article Of the Constitution,
where instead OF leaving this 10 implication, j, IS
made express substantive power. II then, the
Convention were 30 particular as TO slate this
power expressly, which seens necessary 10
prosecute war, do not derive from ,lrs strong
argument to prove, that they would not have lett
tile one in question, to principles OF doubtful con-
s'ruction. 1 deny not, that road Dir canal may
he cut for military purposes in time OF war, i!
all oil Epri Ny "A tre~ emo hIno
might be done then, which would he wholly I'M
warrantable now. Even private babitaiions sa-
cred az they are in cont emplaiion OF law might be
demolished, If in war it was authorized by pres
sure OF circumstances; The measure would then be
induced by self-letence which is superior 10 ell
constitutions. II is impossible for constitution
30 provide for cases Of necessity; they must pro-
vide Tor themselves; necessity has 10 laws The
assertion, then, that if Congress has the power in
war, it must, oil course, have in peace, Is aon
scguttHr
We now come to that part OF The constitution
which is relied the most implicitly by the ad o.
cates of this power. II il, that - Congress shall
nave power 10 lay and collect taxes, duties I'M
posts and excses, 10 pay the debts, and provide foi
the common defence and general welfare of the
United States Reason and history both teach
us, that the power OF Congress TO lay aud collect
taxes, is necessary TO the existence OF the repub-
lie; but while we acquiesce III the policy which
Yields this power, called upon to resist such
an abuse OF the residue of the clause, Is con-
tended for, by new-fanglel party of tins country
~hn by scholastic sub,ilty, and metaphysical dis
Injections, worthy Of the schools of the Suphisls
would fan refine away the sacred cliarisr Of ou
rights, and give existence in history, 10 another age
OF so1ihisry.
In order to arrive at proper construction O
TIE clause ia question, it will be well to refer
tie import OF The words " common defence, ant
WALL b. ,figio. g
Iteration. For as the RsLO constitution was nent!
ed 10 operate as a remedial instrument, by supply
Ing the defects OF the oid, it is important, in oxide
IN come 1T the true construction, TO examine th
" old law, the mischief produced thereby, and N,
remedy proposed by the new" Another prncipl,
Of cu1struciion, applicable 10 this point, is tina
words aud PhroSes, the meaning OF Wi cl hay,
been asreiained are when subsequently, used, to b.
understood in the same sense BY examination i
will be found, that the words just alluded 10, use,
IN both instruments in similar sense and in one
quite different from that coutended for, by the udy
Gates OF liberal construction. Let il not he said
that the articles of confederation have nothing TO d.
wi;hthc construction OF the constitution. Such al
assertion is un,enable; for what is Tire present con
stftution OF the United States, but a revision {
the articles of confederation, The words Of TIL
clause taken together, you perceive, specify tn
in which Congress shall raise money
namely, by laying and collecting taxes duties I'M
posts and excuses; but limits the objects 10 wlcl
Il shall be appropriated, namely, TO pay thu
debts, and provide for the common defence anc
general welfare" The irresistible deduction from
which, is, that no more taxes duties, imposts ant
excuses shall be laid, than necessary TO pay th,
debts, and provide for the common defence anC
general welfare, which inference is quite different
from that discovered by some .frgus cyed states
71Gn OF the present day. The concluding part o
the clause, viz: " to provide for the common de-
TEN M Upppral ,peIfare is, hot NJ; &.
he power Now, if the construction just given, b,
correct, 1t seems, that gentlemen rely on the re-
sirainng words o! The clause, for it appears 10 me
il the words Oh which much reliance is placed
were stricken out, that more plausible argument
might be advanced, TO prove the boundless powe
OF Congress, than can be made under existin:
circumstances. But it is said by the gentleman from
Edgefied, 10 be discretionary with Congress, Il
decide in all cases, what will promote tn,
80 common defence and general welfare" | den,
n. Congress, 1t - true, has the power of appro-
rfating money In certain cases for the common
defence and general welisre;' but in no INSTANCE
1ss 1t the power of deciding what will produc,
these effects: this is done by the Constitution. b,
keeping this distinction in view, and referring les
10 the discretion of Congress, and more 10 the sub
ssDtive enumerated powers of the Constitution
the subject is freed from much embarrassment -
should the Constitution be not clothed with DOW ei
efficiently ample to deyelope the energies and
resources OF the republic, it bears within itself the
mode OF is amendment.
But they who contend that Congress has the dis
cretionary power spoken Of, in all cases, will.
certainly, have their faith shaken il instances can
he given. which would clearly promote either the
g common delence," or" general welfare" and
still, be acknowledged by thernselv es uncon-
s,itutional. For example: A national aDtiuersit,,
has long been considered by some of our ablest
statesmen, great desidera!um. They who are
acquainted with the intimate connection between
LibcTky and Letters, and who believe ,yi,h ort