Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-01-06
Contemporaneous Erposition.

COntemporaneous Exposition.
In quoting the words from the Eederalist, we
repeated them as they had been originally stated
In Col. John TayIor's Work upon the Constitution
In referring TO this Work, for the purpose of go
ing back to the original authority, we find il thus
stated " In the Federalist, pages I73, l76 and
III, Mr.. Hamilton, who was neither disposed ia
diminish the powers Of Congress, nor to extend
those oil the states has delivered the following
temporary construction Of the constitution ~
" The encouragement Of agriculture and manu-.
fdcfures IS an dppend0ge of the domestic police OF
the States. Exorbitant duties on imported arti-
cles tend e render other classes of the community
tri6ufaTy, in an improper degree, TO the manu-
featuring classes. They would be attended with
inequality, between the manufacturing and non.
manufacturing states"
In going back TO the pages of the Federalst, we
nnd Inc branches Of this quotation scattered through
three dsticnt passages; and it is but correct tosate
them separately, that the reader may see how far
Col. r. has correctly brought them together
The first passage is found in No. 81: The
expenses arising from those institutions which re.
late to the mere domestic police Of state, to the
sup ort OF It's Legislative executive, and judiciary
departments, with their different appendagcs, and
TO the encouragement Of agriculture and nanufac-
lures, wv hich will comprehend almost all the Oh.
Jects OF state expenditure0 are insignificant in
comparison with those which relate 10 the national
defence."-The End is in the 35th No. Exorbi.
tani duties on imported articles, serve to beget a
general spirit OF smuggling; which is always pre-
Judicial to the fair trader, and eventually to the re-
venue itself they tend 10 render Othe classes OF
the community, tributary, in an improper degree
to the manufacturing classes, to whom they give a
premature monopoly OF the markets"-snd little
further on" The confinement Of the national
revenues to this species Of impost; would be
attended with inequality, from a different cause
between the manufacturing and the non manufac-
turing states"
Nothing from the pen Of Mr.. Madison falls to
the ground-in vain. IL is not like the effusions
oil The post OF newspaper paragraphists. 1t must
DO good or il-For this reason, we fear that the
following paragraph from his first letter l. not so
duly weighed, as that great is in the habit Of
doing almost every thing that he says:
I'll Congress have not the power, il is annihita-
ted Tor the nation; policy without example in any
other nation, and not within the reason OF the soil
the prohibition OF tax on exports, which result.
ed from the apparent impossbty Of raising in that
mode, revenue from the States, proportoned 10
the ability to pay 1.-THE ability of some being de-
rived, In great measure, not from their exports,
but from their fisheries, from their freights and
from commerce at large, in some Of its branches
altogether external TO the United States; the
profits from all which, being invisible and intan-
gibIe, would escape a tax, on exports. tax on
imports, on the other hand, being tax on con-
sumption, which Is in proportion to the ability OF
the consumers, whencesoever derived, was free
from that inequality"
What we fear is, that other men, who are not
so much in the habit Of constituting the Consiitu-
ton as MIR. NJ, may misinterpret these words, to
no good purpose. They may say in other eases:
"Surely II is fair to say, that this power is in Con-
gress, because if Congress have not the power, il
Is anni'iilatcd for the nation; policy without exam
pie in any other nation, Sc. So says the most ill.,
iustrious man. who assisted in framing the Con-
stitution."-l ii not somewhat in the same spirit
thai Mr. Adams iners the power Of Congress to
~beter the condition Of the people," by roads and
canals! But il is not enough to know what pow
ers are given by other nations, but what has been
given by our own-and il we have not given e.
nougb, we should supply the defects not by ana
logy, but by amendment.-In truth, we consider
safer test is TO be found in The Report Of 9s-Is0O
whenever, therefore, question arises concern.
ing the conslitutionality Of particular power, the
frs, question is. whether the power be expressed
in the Constitution. Ifit be, the question is de.
cided. IL it be not expressed, the next inquiry
must be, whether il is properly an incident TO an
express power, and necessary toits execution. 7
IL be, IL may be exercised by Congress. If il bc
not, Congress cannot exercise il ~