Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-02-14

70 oe unaccountaoie, IN TINS particular instance
the Cow ention had introduced distinct grant be-
tween the clause which relates TO the raising OF
money, and an acknowledged limitation tina,
clause. To construe the words as containing a
substantive grant Of power is TO convict the fra
mers OF the Constitution OF the gross impropiety Of
nterpola,ng one substantive grant betw cen anot,-
or substantive grant and its acknowledged imia-
ton. II these words, ''to NY the debts and pro
vide for the common defence and general welfare
CT the United Staes," were designed as a iiinita-
OH the first member Of the sentence, the cooca-
ton cannot be improved: They follow Immediately
the words which they were intended to qualify,
and have natural and obvious connection with
them.
II, onihe contrary they he designed TO impart
additional energies to the Government, the Con-
vention are convicted OF this confused Interpolation,
when by natural transposition Of the members
OF the sentence the design would have been clear.
The difficulty would have been rendei ed less, had
the section been constructed thus: Congress shall
have power:
To lay AMI collect taxes, dates, impos,s and ex-
cises;but all duties mposts and exciscs, shall be
uniform throughout the U. Safes
Congress shall have power 10 pay the debts and
provide for the common detcEce and general well |
fare of the United States. !
Had this subject been thus arranged it would |
have strengthened the argument Tor protecting |
duties; but as the members OF the sentence a.
present disposed to const,ue the words ''to pay the
debts and provide for the common defence and ge-
neral welfare OF the United States; as conveying
~
Constitution Of dsjoining the Limitation, but all
duties, impos;sS excuses shall be uutorr through
out the United States" from the power ";o lay
and collect taxes, duties, imposts and excuses,
| which il was designed TO limit, and CT appending
it 10 the power $50 pay the debts and provide 70,
the comraon defence and general welfare of the
United States" which it was not designed to at
feet at all. But, the Conven,ioni is relieved from
the iInputaion OF these inaccuracies of compost
lion, by giving to their proceedings their rational
eSplication, that the latter members of the sem
tence were designed as limitations on the power TO
raise money: The one declira,ive OF the pur
poses for which it might be raised, tie other
prescribing that il shout not be raised in unequal
proportions on the several sections of tie Union.
! II this conviction wanted confirmation, il would
b. found in the history OF the section, il was
origin ally introduced to the consideration OF the
Convention. i, contained unlimited authority O.
yer the subject otaXes, duties, inposts and excl
ses. IL submitted in these words: The
| Legislature Of the United States shall have power
| TO lay and collect taxes, duties, imposts and excl
SEES" In this form it was referred TO a select
committee. who reported il without amendment
or appendage. On the 18th of August, it was pro
posed 10 insert at the end OF the cotton, &" Pr0vi-
d'd, That no tax, duty or Imposition, shall be laid
by the Legislature OF the United S ates, on arti-
cles exported from any State" The consideration
was postponed, and the subject referred. Six days
afterwards, the committee reported the section
/ with amendments, so as TO make il stand: /" The
| Legislature Of the United States shall have power
TO lay and collect taxes, duties, imposts and excl
see, far payment of the debts and necessary
penses of the United States, provided that law
Tor raising any branch of revenue, except what
may be specially appropriated for the payments of
interest on debts or loans shall continue in force
for more than---years." Your committee
here discover the origin of the clause which
laes 10 the payment of the debts, and the proyi-
sion for the common defence and general welfare
of the United States. Under the terms in which
II was introduced, no doubt can exist "a 10 its OBJ
Iject 1t was a manifest Limitation the prece
ding member. The power 10 raise money had
been granted without limitation, and the amend
ment restrained its exercise TO the raising OF mo-
ney" for payment OF the debts & necessary expen
ses OF the States, with the addi ion OF provsio
containing even a further limitation On the 23d OF
August, il moved to amend hi, section 80 as
10 make 1t, "Ihe Legislature shall fulfil the en-
gagements, and discharge the debts Of the United
States, and shall have power TO lay and collect tax
es, duties, imposts, and eNcises." This motion
prevailed, but was considered on the ensuing
day, and the subject re-commited. On the 3Ist
Of August, it was agreed that Duties mpos,s and
excuses, laid by the Legislature, shall be uniform
throughout the United States" On the 18th of
September, the committee fully and finally re-
ported the section, in these words, thus punciua-
ted, "Fhe Legislature shall have power TO lay and
collect taxes, duties, impo Is anu excuses, to pay
the debts and provide for the common defence and
general welfare Of the United States" II does
not appear from the Journal OF the Convention,
that this part of the section ever again came un-
der consideration, alter the confirmation of this
report, except that perhaps, on the l4th OF Septem
Der, 1t received amendment the addition Of
these words, "bu all duties, mpcsts, and excuses
shall be uniform throughout the United States"
committee OF five members was appointed "to
revise the style Of. and arrange the articles agreed
TO by the House" This committee was inv est,d
with no power TO adopt any amendment affecting
in any manner the import Of the sentence, and
whatever modification it subsequently expert
enced, was adopted from regard to propriety Of
arrangement, and accuracy of style. 1t is obvious
from this plain relation, that the original design
in introducing this member Of the sentence was
the creation OF Limitation on the power 10 raise
money, prohibiting the eSertion of that pow er,
except 'for payment OF the debts and necessary
expenses Of the United States This limitation
was had constantly in view, and whatever modi-
fications the language experienced, were adopted
from regard to the propriety of style.
Various and numerous are the reflections syilit h
have suggested thems Ives 70 your committee, de-
monstrahg the truth OF the proposition, that Con-
gress cannot legitiinnely "lay and col ect taxes,
dufies, impOss and excuses ITO advance the inter
est OF the American manufacturer. Ii will not be
commended, that Congress have power, to impose e.
collect taxes or excises, to confer gatui,ies any
favoured portion Of the community; none would
, contend for such power, and for the honour If
the American people, it is hoped, that few would
submit TO its practical operatioB but the power of
Congress over duties and imposts is not more am
pie than tina, over taxes and excuses. The power
ever all is precisely the same; conferred by the
very same section of the Constitution; by the use
OF the very same terms; under precisely the
same limitations. Any object which may be ac.
compshed or attempted, by the exertion Of the
power, to lay and collect duties and irnposts
may be consttutionslly accomplished or
attempted, by the exertion of the power to
Law and collect taxes or ciscs Tho seIerf;nu