Literary cadet and Rhode-Island statesman. [volume] (Providence, R.I.) 1827-1829, 1829-01-03
From the National Intelligencer.
LETTERS OF Mr.. MADISON.

LETTERS OF MR.. MADISON.
The history ofthe two Letters which we are
about to publish is briefly as follows:
These Letters were not originally written for
the Press, but are now authorized 10 be pub
lished, on the earnest representations Of some
Of the friends of Mr.. Madison. to whom the
publication appeared to be of greu, interest, and
Of deep importance 10 the Nation.
In the present state Of our country these pa
pers cannot but be highly acceptable TO the
public. The opinions Of the distinguished au-
thor, one Of the trainers Of the institution, if
not the father of it, cannot but carry with them
great weight. They are OF the greater authori-
~, from his having been appealed to by those
who sustain doctrines opposite to those which
he avows and defends. He stands, in this re-
spcct. as the arbiter between contending parties;
and it is hoped that his lucid expositions will 60
far to convince many who have heretofore
seriously questioned the power Of Congress
which he maintains.
In the calm philosophy Of his retirement from
the turmoil of the world. the judgment which
he has deliberately formed, and now argumen-
t%a;ively s%ustains, cannot be suspected of being
influenced by any political bias or casual excite.
ment. His is the wisdom of age-the fruit of
experience, plucked from the tree acknowledge.
LETTER I.
MoNrEPELEER. Sept. lS, 1928.
DEAR SIR: Your lee letter reminds me of
our conversation on the constituiionality OF The
power in Congress to impose a tariff for the en-
enlargement Of manufactures; and of my pro-
mise to sketch the grounds Of the confident
opinion | had expressed, that il was among the
powers vested IN that body. l had not forgotten
my promise, and had oven begun the task OF
fulfilling il; but frequent Interruptions, from 9TH
or causes, being followed by a bilious indispo-
sition, | have not been able sooner to comply
with your request. The s~ubjoined view OF the
subject might have been advantageously ex-
banded; but I leave that improvement 10 your
own reflections and researches.
The Constitution vests in Congress. expressly,
" The power to Law and collect lakes, duties, i'm
posts, and excises;'' and I" the power 10 regu-
late trade"
That the former power, If not particularly ex-
pressed, would have been included in the latter
as one ofthe objects Of a general power to regu-
late trade, is not necessarily impugned by its
being so expressed. Examples of this sort can
not sometimes be easily avoided, and are TO be
seen elsewhere in the Constitution. Thus the
power 90 TO define and punish offences against
the lam~of nations" includes the power after
wards particularly expressed, "to make rules
concerning captures, sc. from offending neu-
trails" So also a power "to coin money!
would doubtless include tina. of e" regulating its
value,' had NOT the latter power been express
Iy inserted. The term taxes. If standing alone,
would certainly have included duties, inposts,
and excuses. In another clause il is s. aid, 81 no
tax or duties shall be laid on exports, SC"
Here tho two terms are used as synonymous.
And in another clause, where II is said mo
State shall Law anv imposts, or duties, &c." the
terms impos's and duties arc synonymous. PIE
onasms, iautologios. and the promiscuous use Of
terms and phrases, differing in their shades Of
meaning, (always 10 he expounded with refer
cnce 10 The context and under the control Of the
general character aud manifest scope Of the in
sirrment in which they are found) are TO be as.
cribcd. sometimes 10 the purpose Of greater eau
lion: sometimes TO the imperfections Of language
and sometimes 10 the imporfeciion OF man him,
sell. In this view Of the subject, il was quite
natural, however certainly the general power TO
regulate trade might include q power TO impose
duties on IL. no, 10 omit ii in a clause e3uneta-
ting the several modes Of revenue, authorised by
the Constitution. In few cases could The ex
MAORI c~autola'' occur with moro claim TO re-
spcci.
Nor can /, be inferred, that a power TO rcgu.
late trade does not involve a power to tax IL,
from The distinction made in the original contro.
versy with Great Britoin, between a power TO
regulate trade with the Colonies, and a power
TO tax them. A power 10 regulate trade bc-
,~ae, d;a.,sp, nar,s of The Empire. was con.
fes.edly necessary; and was admitted 10 lie, as
far as that was the case. in the British Parlia-
meni; the taxing part being at the same time
denied 10 The Parliament, and asserted 10 be
necessarily inherent in The Colonial Legislatures.
as sufi and the only cafe repositories of
tho taxing power. So diaicult vas H.. ,over,he-'