Virginia advocate. [volume] (Charlottesville, Va.) 1827-1860, 1829-03-21


other side. The opposers Of the Tariff say, that
the constitution of the United States has gwen tn
congress the "pOwer To lay and clect taxes, du-
Ties, inposts, and excuses To pay the debts, and
! provide for the common defence aud geEeral well
fare of the Untei States" aud they contend, that
the specification Ct purposes, or objects, in this
clause OF the constitution does not convey tn
congress any power ar authority whate yer over
these purposes, or Objects but is merely explana-
tory Of the purposes. objects, IN which the
"r0wer To lay and collect duties and iinpOsts"
may be applied, whenever these purposes OBJ
Jects may come within their constitutional con-
troll; or in other wWds, whenever congress may
have authority, under this constitution, to pay the
debts, and To- provide for the con,lnun defence,
aud general welfare of the United States, they
shall have power To lay and collect duties and i'm
posts To be used as the means for accomplishing
pre."..ing i..ss purposes, objects that this
clause at the constitution does NOT give To cOu-
gress the power to pay the debts, and provide iur
the common defence and general welfare of the
United States; but, that whatever POI tiUns of
| constitutional power they may have, t., regulate
and control these objects, must be sought Tor in
other parts of the constitution, where, IL make
them legitimate, they must be found particularly
specified, necessarily included in, or incidental
to, those that are specific d.
This is tough argument, MIR. Editor, and per-
hapS may MOI slate It well. or conceive 1t we'll.
But IL illustrate what | mean by an Incidental
power not expressed, tut necessarily included IN
Il specified pnWcT, let us Il ,tc thus case. Cons
gr"sS stall have ;'uwer tn lay aud C,icct duties
al.d unpnSts; aud though II bG 1T ,A.rrssly
specified, we presume II Is meccssaily ,nclu,ied,
that they shall E,vc the power Ia regulate the en-
try mtn our ports, OF vessels Bringing the ;,,tclcs
! II, on whcl tie duties and imoss are laid and
tn appoint the necessary officers To collect them
we haze SAID, that the specification of OF ccts
ior the promotion oi which congress may lay and
collect duties and imposls dues not give the au
th"rny I" pay The debts, aud provide ter tie com
mon defence, aud general welfare of Ire Uni,
States lit hc asked, from Whence ,h'n, Go S
Congress get the power to lcgis!a,e OH these sub
Jccis! II may Perhaps he a,ISwc.e,!, Iha, lie paw
rr, or authority I" pay tie debts OF tie Tn It'd
States is necessarily incide.ta! TO other powers
expressly gwen by The constitution. 1t declares,
that :" all dehtS CONTACTED before the adoption oi
tas constitution, shall he as valid against tie
| United States under this constitution, as under
the confederation" Aud, icon JIess shall LA, G
power I" borrow money o,, the re,'u Of the Uu:-
ted States, &c :" aud though Borrowing and pay
ing are very diff re,t things aud the right or a,l-
thuIny To pay l. M where given expressly 1t
seems necessarily to follow the authority express-
| y given To cobtriet he sri sy e: cia.-
~ when the pnwt' L" rncure the means has been
gwen, with an expressed reference To payment
But II is said ..;hat the authority or power is
u" where expressly given To encourage hume man
"idct'fes and that 1t Is n't power necessarily
incideilaI To any other power which is expressly
gwen. That the authority to encourage, or DIS
courage, home manufactures, or productions, (all
Which, we suppose, sleud upon h. same grou::ds J
Is n" where expressly gwen in the constitute ion
must he admitted, Tor we believe the terms, homa
manufactures, or tune prod4ctiOns, of any sur, or
any terms SYNONYMOUS To them, aIe not to be
found III any part OF the constitution and If the
power, or authority, to encourage our own manu-
iac'ur's, or agrcu tural productions, &c. he not
necessarily incidental Ia suIne power ri,ssy civ
EN-, IT seems 10 follow, that congress have no rht
or authority, To leglslaIc with any view or regard
to them favorable unihvourable
/ These are tight rules of construction Mr.. Ed
nor aud may appear to many politicians To- be uIi-
unnecessarily severe; but | am no latltudinarian ;
am 10 general welfare man; am Tor a strict
construction ol the powers granted to The Federal
Government though some contend that, il being
a remcdtal instrument, ii ought to he literally CON
srued III order To effect the purposes declaIcd in
the pnamble to be tile Objects of it, But am
not All advocate ior such rules of construction as
VIII reLder our constitution the continual theme
oi logical deA1er'iv and chicanerv upon the floor
oi Congress and of State Legislatures, and
oil inLessaH wranglmig, strife, and annlnslty, a.
rong our people. Nor am | all advocate tor such
iuieS VI construction as VIII annihiiate for the
naiion" any power consistent with the PRINCIPLES
Ut lice government, and generally considered, in
our country, to belong 10 every independent con,-
munity, as just and necessary attribute Of SOW
ereignty. But to return to our construction
Ii the foregoing principles be coiect. it seems
necessarily to- follow tb<s, ii the clause of the coli.
stilution under examination had said a" Congress
shall have power To- lay and collect taxes, duties.
Imposie and excuses, I" pay The debts to encourage
dOmeSttc monutoctures and TO provide for common
defence, and general welfare oil the United States
; this clause would not have given to Congress tie
power to encourage domestic manufactures; for
, it is said that, ali the power conveyed by the
clause is expressed in the words, g Congress
shall have power to lay aud collect taxes, duties
imp0sts, and excuses - and that tile subseuuert
words convey no power whatever, but are words
ut limitation, and not Of conyeyance.s 1t is like
this case MIR. Editor Having no good water on
/, my own land, purchase from NY neighbour, and
we put it in Heed, that shall have rieM OF
rug, Il think it is called,) to his spring. for ,le
pose OF getting water from his spring, tor my or
binary family uses" This way is marked If, and
go to get water from the spring; but when
get there, meet my neighbour who lorbds my
getting wafer from rho oil