Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-01-22

quotation Is made with aview Of showing Mr.. Ms
,wn implications. from the power to regulate
mind Of tho writer such sophisticated excentrici-
ties and distractions, that he acknowledges his ut
ter inability to do justice to them, by any general
description. They also appear 10 him to be found
ed upon notions for interpreting the Constitution.
in direct contrast to ht rules Of construction ufg-
ed with conclusive effect by Mr.. NJ. for nearly
forty years, before these new subtle discoveries
After giving the terms used in framing the Consti
tuition two black eyes. and many cruel contusions
about the head and heart, Mr.. NJ. implies the pow
er from the grant "to regulate trade," taking the
beginning and ending Of the phrase Of the quota
ton in context, " the power TO lay and collect
taxes, duties. imposts. and excisee" thus includ-
ing the power TO lay and collect an taxes, inter-
nal or external, land taxes o. we'll az imposts-
whether these powers had been specifically grant
ed or not: such specific grants being converted
into mere pleonasms, tautologies, and promiscu-
Gus terms and phrases, differing in their shades Of
meaning. Hear him in his own words:
EXTRACT.
" The Constitution vests in Congress. expressly,
I the power to lay and collect taxes, duties, i'm
posts, and excises;" and the power to regulate
trade"
That the former power, II not particularly ex-
pressed, would have been included in the latter as
one OF the objects OF a general power to regulate
trade, is no, necessarily iuiPugned by its being
expressed. Examples Of this sort cannot some
times be easily avoided, and are to be seen else
where in the Constitution. Thus the power " to
define and punish offences against the law Of ma
tons, includes the power, afterwards particularly
expressed, " TO make rules concerning captures
&c. from offending neutrals." So also power " 10
coin money" would doubtless include that Of
" regulating its value" had not the latter power
been expressly inserted. The term taxes, il
standing alone, would certainly have included du-
ties, imposts and excuses. In another clause il is
said, no tax or duties shall be laid on exports
&c Here the two terms are used as synony-
::.eus. Aud in another clause, whore IL is said
" no State shall lay imposts, or duties, &C." the
terms imposts and duties synonymous Pleo-
naSrns, tauiologies, and the promiscuous Of
terms and phrases, differing In their shades of
meaning, always to be expounded with reference
to the context and under the control of the general
character and manifest scope of the instrument in
which they are found0 are to be ascribed, some
times to the purpose Of greater cautions; some
times to the imperfectons of language, and some
times to the imperfection of man himself In this
view oil the subject, it was quite natural, howev-
er certainly the general power to regulate trade
might include power to impose duties on it, not TO
Of revenue, authorised by the Constitution. In
few cases could the "ez MAORI cautela" Occur
with more claim TO respect"
Here it will be seen, that Mr.. NJ, SO far from
differing from Mr.. Adams in his contrivance for
battering down all the restraining provisions of
the Constitution, has greatly improved upon the
original discovery. Mr.. A. thought il ne cessary
to free himself from the written restraints imposed
upon him in the Constitution, to amalgamate the
tohole of the specifically granted powers into one
grand momentum Of power, and that to be backed
by the sweeping term, i" General Welfare !" whilst
Mr. MS Improvement goes only to tie too Of these
powers together, leaving out part of each, and
substituting only one single word, trade" to
produce the same great result: For, if the power
g to regulate "trade," will include the power to
lay land tax, why will it not include any other
power whatever! Why not include the power to
cut canal, or make road upon the taxed land?
70 do A.
caprice Of the expounders of the Constitution un-
pasied by any other will! and that without conde-
scendng to the usual ar,ihce practiced upon the
words, &c General JYcJfare?" MIR. M. stands aw-
FULLY committed to his country and the world, for
rejecting bill making appropriations for internal
improvements, upon the ground of an absolute
want OF power in Congress to pass such bill. if
his new doctrines should supercede his old ones
so that, if MIR. Ms new doctrines should prevail
over his old ones, the rejection of that bill which
has heretofore constituted his greatest political
5lory, must by his own act, be converted into his
greatest political reproach. Could he not then
have resortcd to the unlimited power he now de-
duces from the power expressly to regulate
" trade'" Can he now point out the shade Of dis
tinction between tile deduction of power to Law
land tax, and the power to cut a canal, from the
same sweeping, underlined power, to regulate
trader! Surely the one power is as deducible from
it as the other.
The writer hopes 10 be pardoned for Differing
J." totis viribus,' with so great name in the an.
pellation he has been pleased 10 give the words
e" taxes, duties-iinposts and excises" The wri-
ter must venture TO deny, that they are peonasms
tauoiogies, promiscuous phrases He denies Tn al
any one OF them ID the synonyine of another; but
asserts, that they are all necessarily and logically
chosen, for the true objects Of the Constitution
The words duties and imposts, approach nearer to
each other in meaning, than any two other words
in the sentence; but they are not strictly synoay-
mous-duties, are more comprehensive than i'm
posts That term would include internal as we'll
as external taxes. The term " imposts" relates
only to external taxes--and the term was proper
ly introduced, eek MAORI cautela." Gould there
be better reason for its introduction? II was in
tended TO take away all possible doubt as to the
extent of the application of the term duties.'-
But, how could any Of those terms be dispensed
with, If any caution in the use of terms should be
proper and necessary!
. Certain great objects were to be effected by the
formation OF new government. These objects
arc expressed and limited in the Constitution: and
the words quoted were essential in describing he
means intended to be granted, for the purpose Of
effecting these great objects. The means are de-
scribed under the terms, To lay and collect tax.
es, duties, imposts, and excises."-Wasnott the use
OF all these terms necessary to express the objects
intended? Could better phrases have been. used!
These powers could not be inferred from the
general power TO regulate " trade'-or if they
could, then any other specific power could be in
ferred from that general power-and the Con-
stitution would be complete and ccpsummae
without any specified power whatever Mr. M's
whole project for Constitution, then, so far as
relates to the grants Of power, would consist of
these words. The Congress shall have power to
regulate trade"-al other specific powers being
deducible from this one general grant Of power
Short work tbis-iaconic enough-No room for
complaining here of pleonasms-uor of tautolopies
nor OF the proiniscuous Of terms and phrases
One general grant OF power will suffice for the
a. bnt It.f II clnW