Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-01-20
FOR THE ENQUIRER.
No. II.
MR.. MADlSONiS LETTERS


1t would seem that Mr.. NJ had been some
time in consultation with some of his friends, upon
The propretY OF giving publicity to his opinions
respecting the tariff acts in his raine-and he
commences his FIRST letter by Informing Of
then that he had kept his mind TO the subject, and
hal actually commenced the task of reducing his
opinions 10 writing in favor Of the constitutional
power OF Congress to the tariff acts before
ne had been reminded of his promise to DO SO BY
his frieni. 1t would therefore seem, Tn II the sib-
Ject occupied no small portion of Mr.. M's thoughts
and must have made most extraordinary impress
sions upon his mind, whether under the influence
OF The alarm excited by the threatened resistance
OF the tariff acts and apprehended disunion there.
from, Will not be suggested; but il must have
been under some extraordinary influence 10 have
had the effect OF oblitera,ing the whole Of his for
ner principles of interpretations and of proseyiing
| him to a new incompatible creed. Mr.. NJ. then
commences his course of reasoning with the fol-
lowing statement and quotation from the express
words OF til" Constitution, as he asserts:
EXTRACT.
The Constitution vests in Congress, expressly,
| - the power to lay and collect taxes, duties i'm
posts, and excises;" and 90 the power to regulate
| trade"
Although all these words are quoted as ex-
pressly from the Constitution, the writer denies
| mat the Constitution does vest in Congress c Their
oil the powers asserted in the unlimited sense which
| these words, taken without other Intervening or
accompanying words and connected solely with
themselves, Will imply, either in words, in speech
| IN object, or intent.
! The first positive assertion of Mr. Ms is. that
the Constitution vests in Congress, s'ExPREssIY"
4" the power to lay and collect toxes, duties i'm.
posts, and excises.'-By stopping the quotation
from this clause OF the Constitutions al the word
p" excuses" the Congress would he "erpresslv''
vested with =" the power 10 lay and collect taxes"
&c. according TO its unlimited will-there
being no restraint, in the words quoted, upon its
own pleasure caprice, in exercising the general
power over taxes. II this broad power be award
ed TO Congress, il will come up fully 10 Mr. Ad-
amss notions OF being unpal,ed by the will of
constituents. Mr. M. has deemed il proper, from
some cause or other, to exclude from his quota
ton the whole OF the words in the very same SEN
tence, which point out the objects of vesting
Congress with this power, and expressly limiting
the WIZ OF Congress in the application of the pow
er, 10 The objects expressed in the Constitution and
10 no other objects whatever. The real words of
the Constitution are the following: = The Con-
gress shall have power to lay and collect taxes,
dulles, imposs, and excises TO pau the 6e6ks md
t0Pror'de for the common defence and general
tceDGrs of the United States" " but all duties
inposts, and excuses, shall De uniform througliout
the U,,aed States" These most irnrortant
words, explanatory of the objects of the Constitu-
tion' and limiting the general power of Congress to
theSe Objects alone, Within the scope of
Mr.. MS quotation nor reasoning. WHY were
they omittcd' Have they not the most material
bearing in limiting the general powers upon Which
alone Mr.. NJ. relies:. Mr.. NJ. seems to he for
stripping the Constitution Of all its expressions re-
l
the general government unlimited in the exercise
OF It's own will; one great desideratum of fishona
BILE, political economy. But the writer cannot
help expressing his surprise after having hcr to-
lore been so often delighted with Mr.. Ms plau
dts OF the Constitution, now 10 hearts ,hraseo!o-
gy represented as consisting OF pleouas ms tau
to!ogIes, and promscuous of terms aud rl,ra-
ses " Poor Constitution Hard, indeed is thine
iaie!! Iragcal thine endi!! AeI having rem Irred
the people good service-and The best, when best
administered, according to thine own intrinsic ex
ce!ionce, In the absence Of all ew-faneled 70
reign interpretations, TO be beabored even unto
death. by Thine own once most enamoured devo.
tees.!. Is there one human being OF sound mind
who can read the tohOic clause IF The C0nstitu-
ton, without being compelled even against his
VIII, 10 put different Interpretation upon il, from
that winch he would put upon the part quoted IL
taken by itself: Instead of giving Congress an un-
limited power TO lay and collect taxes, it limits
that power to a few express objects" To paw the
debts and to provide for the common defence and
general welfare of the United States''-and these
objects are again limited to the specified oyers
granted in the Constitution These are the objects
and the only objects for which the power is given.
and consequently the power must be limited TO
nose OBJECTS. Congress is not vested with power
to lay and collect taxes for State nor for local OBJ
Jects but only ''fOr the common defence and
general tUeIfdre IF the United States" Ono
material error of this part Of Mr. MS reasoning
Is that Mr.. Nj. mistakes and misrepresents the
avowed objects and the actual effects of the tariff
acts, for the common defence and general welfare
oil me United Tdtes-whereas, they are for the
particular ioelfdre Of particular descriptions of
Individuals, and particular interests Of pdrtc,i-
lar sections Of country, to The Impeachment and
detriment IF all Others UithH the u. States
IN direct iDcompatibility with the avowed inten-
ton and object of the Constitution. Are not these
matters OF fact? Do not the tariff acts i'm their
practical operations promote the particular inter
estS OF particular sections Of country2 and particu.
lar descriptions OF individuals Are not these their
avowed obects' How, then, can powers for par
ticular objects be inferred or implied from movers
granted expressly for general objects? Preposter-
Gus would such differences be in the extreme
This statement alone Ought to settle the question
IL the power TO protect manufactures, which Mr..
NJ Is now willing TO accord to the Congress by
the most remote, and attenuated implications, had
been inserted In the Constitution in express words
the writer thinks it would not, at the time of its
adoption, have received vote in its favor in the
United States-and that no one would have given
| II more decided negative than Mr.. NJ himself
" was, IN fact, proposed to be inserted and was re-
Jectcd. IL we have been surprised at this partial
quotation from the Constitution, what must be DIR
astoDishinent at the following? g And''-" The
power TO regulate trade" coupled with the other
quotation, by the cOpulativc and" whereas
| the power, from which the quotation is made IL
not even in the same clause. There is one inter
veniDg clause-So far, therefore, from these pow
ers being coupled in the Constitution they are put
in separate clauses--and are as separate i'm their
natures, as they separate in their locations in
the separate clauses. But MIR. NJ. seems 10 have
improved upon Mr.. Adams's invention, for obliie-
rating all the restraining provisions of the Consti-
tuition by an amalgamatOn Of all its powers into one
solid momentum OF power. Mr. NJ effects the
same object, by coupling ttCo distinct pow
| ers. given Tor distinct objects. IN MIR. ME- i'm.
plications and deductions from the words q Con-
gress shall have the power TO regulate trade he
makes much shorter work with the re raining pro