Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1829-09-24

State, Chat is to say, of the commerce between
citizen and citizen,) which remains exclusively
with It's own legislature; but 10 is e1!erna'
rommerce only: ;ha, is 10 say, its commerce
with ano,Ler State, or with foreign nations, or
with the Indian tribes Accordingly, the bill
does not propose the measure as "reguia'ion
Of trade" but as productive Of considerable
adsan age to trade"
Still less are these powers covered oy any
other Of the special enumerations.
II. Nor are they within either OF the general
phrases, which are the two following:
\ "To Law laxes to provide Tor the gener.
al welfare Of the United S stes;' that vs. 10 say,
$40 lay taxes for The purpose OF providing Tor the
| general welfare" For The laying OF taxes Is
! The po,cer, and the general welfare the purpose
for which the power is 10 b. exercised Con-
gress are not TO lay taxes, dd hoitom Jor any
purpose they please; blu, only 10 pay inc dsoS, or
prouide for Tie welars of the Unon. In like
manner, they're not not TO do any Ting hey
please, 20 provide for The general welfare, but
/ only 10 lay tares Tor that purpose. 10 consider
the latter phr. sc, not as describing the purpose
! of the frs but as giving distinct and indie
!. prnden, poyse to d. any ac' hey please, which
nigh, be for the good Of The Union would
render all The preceding and subsequent emu
/ merairons Of power completely useless II
( would reduce the whole instrument To single
phrase, that Of insi.u'ing a Congress with
! mower 10 do whatever would he Tor the good oil
the Unrcd States; and as they would be me
sole Judges of The good or evil, IL would be also
! a poNcr to do what ever evil they pleased IL
! j, an es ablishcd rule OF construction, where
phrase will bear either OF Two meanings, 10
/ give il that which viii allow some meaning TO
the other parts # he instrument, and not ,ha'
which will render al, l:ic Others useless. Ger
tainly, no such universal power was meant I"
be given Them. l. was intended 20 lace them
up strai,ly within the enumerated powers, and
those withou, which as means, these powers
could not be carried INFO effect. Is is known
that The very power now proposed as means
was reiccled as an end by the convention which
formed the constitution, A proposition was
made TO them, to au,horise Congress to open
canals, and an amendatory one, TO empower
them To Incorporate, But the whole was re-
iec,ed; and one of the reasons OF rejection urg'
ed in the debate was, that they then would
have a power 10 cree, bank, which would
render the great cities, where there were preJu
dices and jcalouses on the subject, adverse 10
the epiion OF the constitution
| 2. The second general phrase is, 10 make
all laws necessary, and proper Tor CARVING INTO
execution The enumerated powers But they
can all be carried injo execution without
bank 4 bank, therefore is not necessary, and
consequently, no, authorised by this phrase
1t has been much urged, thata bank will give
great facility or convenience in the colIeo ion
Of taxes. Suppose this were true: yet the
constitution allows molly The means which are
necessary not those which are merely con,
venien',' 10, ,firciing The enumerated powers
II such a latitude OF cons ruciiUn be allowed
10 this pin, ase, as 20 give any enumerated
power. il viii go sse'ery one, for there Is no
one wbish ingenuity may not torture into a
convenience in some ,cay or oiher, 10 some one OF
So long list Of rDums' AID powers Il would
swallow up all the ueiega,cd powers, aud re
duce the whole to one phrase, as before obsrr-
we'd. Therefore i was that the constitution re-
strain them 10 The necessary means, that is 10
Saw 10 those means without which the grant
Of the power would be nugatory
Blu, Ic' US examine this convenience, and
sec what il is. The repori on this subject, page,
., states the only general convenience to be,
the preventing The transportation and re trans
por,atlou ot money between the States and the
treasury. Cor pass over the increase OF cir
culating medium ascribsd to 1t as merit, and
which, according to my ideas Of paper money,
is clearly demerit.) Every State will have
10 pay sum Of tax money ihto The treasury;
and the treasury will have to paw, in every state,
part Of the interest on the public debt, and
salaries to the officers Of government residing
in that State. In most Of the States, there
will still be surplus Of TAX money to come up
10 the seat Of government, for tho officers re-
siding here. The payments Of interest and
the salary in each Stale, may be made by treas
sury orders on the State collector. This will
lake up The greater part Of the money he has
collected in his State, and consequently pre-,
vent the great mass Of it from bcing drawn ouI
Of the State. If there b. balance Of COM
merce in favor Of that State, against the one in
which the government resides, the surplus OF
axes will be RENTED by the bills of exchange
drawn for that commercial balance. And so
il must be if there were bank. But ii there
be no balance Of commerce, either direct or
circuilous, all the banks in the world could not
bring US the surplus Of taxes but in the form
r L. L. III. q