Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-02-19
FOR THE ENQUIRER.
Az VII
MR.. M.aDISO.N'S LETTERS

MR.. JM.aDISO-N'S LETTERS
IN support Of the right Of Congress TO pass the
Tariff acts.
Mr.. Madison's constitutional costume of 1890
1900, cOntrased with that exhibited in his letters
OF lS2S.-Mr. M, methinks, will appear more
comely, interesting and familiar to his old friends
in his old costume, than in his new.
The writer has heretofore referred the reader.
IN general terms only, to Mr.. Ms former exhibi.
ton OF his principles and rules for interpreting the
constitution; in his writings in the Federaiist-hs
Speech against the first United States Bank-hs
Report against the Alien and Sedition Acts-and
his rejection OF bill for Internal Improvements,
upon the sole ground of its unconstitutionality-
His speeches in the Virginia Convention-snd
others might have been included in the ist-Tbe
writer thinks, it would be act of Injustice both
to the public and Mr.. NJ to stop here, and con-
tent himself with these general References
the writer will present Mr.. Ms principles and
rules OF Interpretation in his own words-extract
ed from his Report Of January 1900, against the
Alien and Sedition Acts:--
:" The ether questions presenting themselves.
are-l Whether indications have appeared of A
design 10 expour ~ certain general phrases copied
ION The " Articles of CoHiedsr Atom 80 as TO de
sroy the effect OF the particular enumeration ex-
planning and limiting their meaning. Whether
this exposition would by degrees consolidate the
states into one sovereignty. Whether the ten
deDcy and result of this consolidation would be 10
transform the republican system Of the United
Ga
States into monarchy.
81 The general phrases here meant must be
those " of providing for the common defence and
general welfare
In the "ArticIes of Confeder ration. ~ the mir,
ses are used as follows, in art. VIII: " All char
ses OF war, and all other expenses that shall be
incurred for the common defence and general
tceJdre, and allowed by the United s. ates in Con
gress assembled, shall be betrayed out of common
treasury, which shall be supplied by the several
0f al and ,..I,;
each State, granted 10, surveyed for any person
as such land and the buildings aud improvements
thereon shall DO estimated, according 10 such mode
as the United States in Congress assembled, shall
from time to time direct and appoint"
g In the existing Constitution, they make the
following part OF Sec. 3: " The Congress shall
have power, to lay and collect taxes, duties, i'm
posts and excises to pay the debts and provide for
the common defence and general welfare of the
United States"
:" This similarity in the use Of these phrases in
the two great Federal charters, might well be
considered. al rendering their me aDing less liable
to be misconstrued in the latter: because il vii.
scarcely be said, that in the former, they were ev
e. understood 10 be either general grant Of pow
err OF TO authorize the requsition application OF
money by the old Congress TO the common defence
and general welfare, except in tie cases afer-
wards enumerated, which explained and limited
their meaning; and IL such was the limit m = n
ing attached 10 these phrases in the very instru.
meDt revised and re-modeHed by the present Con.
stitution, It can never be supposed hat when co.
pied into this Constitution, different meaning
ought TO be attached to them.
"That, notwithstanding this remarkable secut;-
~ against miscon@ruction, design has been indi
Gated 10 expound these phrases in the Constitution
so as to destroy the effect OF thp particular emu
meration Of powers by whichi' explains and limi
them, must have fallen under the observation Of
'hose who have attended 10 the course Of public