Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-06-01

those terms afterwards inserted being i'm the DC
si'npy ne Legislature of the United States shall hay,
power TO lay and collect taxes duties imposs and excis
es." N' f ~ NNN'S
The manner in which the terms became transplanted
rom 'ne DID, into the new system OF Government ex-
oy course somewhat advcniuousy given 10 the
proceedings Of the Convention
ne io'n oil August, among other propositions referred
c COMMITTEE which had reported the draft, was one
10 secure the payment OF the public debit" and
on ,ne same day. was appointed Committee of eleven
ana expedency of the debts of The sere, al States being
assumed by the United States"
on the Zist OF August this last Committee reported a
cause In The words following; 1.-The Legislature of the
United States shall hare po,cer to fulfil the engagements
tceh mace been entered into by Congress- aud to dis
charge as wei the debts of the United States, the debts
Incurred oy The several States, during The late tcdT for
ne common defence and general tcedre; conforming
nere 10 the 9Th OF the articles of the Confederation the
language OF which is that cali charges owar and all other
ex2ences that shall be for the common defence
and general welfare, and allowed by the United States in
Congress assembled, shall be betrayed out of common
on The 22d OF August the Committee of five reported
among other additions to the clause sring O,oer o lay
ana soect taxes, imposs and excises, clause in the
Mo9 oiowng ior payments OF the debts and necessary
9Npences, with provso qualifying the duration of the
Revenue laws.
inns Report being taken up, it was moved, as an
mat the clause should read "the Legislature
uhl the engagements and discharge the debts of
1t was then moved to strike out discharre the debts
anu insert quidate the clams which being the
@ was agreed to as proposed viz 'the Legisla
oil The United States"
On the 23d OF August the clause was made TO read "hc
shall iulh the engagements and discharge the
VI he united States and shall have the power 10 Law
and collect taxes duties, impos and excises the two
powers relating TO taxes and debts being merely ransposed
on the 10th OF August the clause as again altered so
as TO read call debts contracted and
INTO by or underhe authority OF Congress 1.-THE Revolution
airy CogreSs shall be as valid under this Constitution as
under the Confederation"
ms amendment was followed by proposition referring
H s 10 lay and collect taxes, &c. and discharge
and Gr leu ueo,s'J 10 add or payment OF said debts
~ o ue"aying the expcnces that shall be incurred for
me common defence and general ,celfare" The pro-
was disagreed to, one State only voting for it
september 4-Ihe committee OF eleven reported the
lo"owing modlhcaton-"The Legislature shall have pow
er to lay and collect taxes duties impos and excuses
10 pay the debts and provide for the common defence and
welfare; thus retaining the terms of the articles
Oh confederation, and covering by the general term
debts those OF the old Congress.
special provision in this mode could have been ne
Gesary Tor The debts of the Congress: For power
money, and power perform certain acts of
of course ,ne ordinary and appropriate means, must,
~ noe' e"rry WIN them, power pay Expense
oil performing the acts Nor any special provision for
ueo' proposed till the of the Revolutionary debts
was brought INTO view; and il is fair presumption from
e course oil the varied propositions which have been
'hat but Tor the old debts and their association
WIN the terms "common defence and general wei
.m "e cause would have remained as reported i'm
me hst draft OF constitution, expressing generally ga
PeI ~ congress to lay and collect taxes, duties mposts
eNces without any addition of the phrase o pro-
; ,1l ,ne common defence and general welfare" With
s auuon indeed, the language of the clause being in
WIN tlat oil the clause the of
eueiauon II would be qualified in those articles bv
e pecihcaton of powers suboined to it, But there IS
, I,e reason to suppose that the in question
would not have been introduced but for the of
me old debts, with which they happened to stand in IA
mlhar mo imperative relation. Thus introduced how
yer ey passed uEdsurbed thro the subsequent stages
oil the Constitution.
IL IL De asked why the terms "common defence and
S", welfare IL not meant to convey the comprehen-
power winch taken literally they express were not
feu ana explained by some reference the particu-
ai power subJoned, the is at hand that aho il
iht easly nave been done, and experience shews it
St oe wen II II had been DONE the omission is oc
counted Tor by an natenion the phraseoogv occasion
co. uou6tess by its identity with the harmless character
rowed NV" WHICH II was Dor
But may it not be asked with infinitely more pronriev
and without the possibility of satisfactory answer
inc terms were meant TO embrace only all powers
particularly expressed but the indefinite power which has
Deen claimed under them the intention not so decar-
ed why on that supposition much critical labor was
Gu ~ ehunerdting the particular powers and in de-
ming and limiting their extent!
ne varalons and vcisstudes in the modification of the
Ic - WHICH the terms common defence and general
welfare appear remarkable and TO be no otherwise
capsea an by differences OF opinion concerning the
SoSsy OF me form oil constitutional provision for the
debts OF the Revolution; the members apprehend
ing improper claims for losses by deprecated bills of credit
oners an evasion OF proper claims not positively brought
within the authorised functions of the new qoyernmcn
ana Others again considering the past debts of the United
oacs as sufficiently secured by the principle that no
'hSe In he Government could change obligations of
me nation Besides the indications in the Jonrnal the
history OF the period sanctions this explanation.
- - w NC emPhalcaiy remarked, that in the null
ue ol 'nouoiS; propositions and amendments, there
not single one having reference 10 the terms common
oeehce and general welfare unless we were so TO nm
oers'ahd me proposition containing them made on August
ON winch was disagreed to by all the States except one
Inc OBVIOUS conclusion TO which we are brought il
That these terms copied from the articles of
were Regarded In the new, in the old instrument
"efeiy as general terms explained and limited by the
suOoed spechcaons and therefore requiring critical
attention or studied precauion.
III the practice OF the Revolutionary Congress be plead
eu IN opposition to this view OF the case the plea met by
the noorety that several accounts The practice of that
nouy Is not The eXposOr OF the arces of Confederation"
ihese articles were not in force till they were finally ra
hed by Maryland in ISL Prior that event the power
congress was measured by the eXigencies of the and
uelVed It's sanction from the acquiescence of the States
hNeF mat event, habit, and continued eXpediency
amounting often TO real apparent necessity PROLONGED
ue exercise oil an underlined authority, which was the
more readily overlooked the members of the body
heid Their seats during pleasure acts particularly al
Ter the failure OF the Bills of credit depended for their
ehcacy ON the will of the States its general impo
'ehcy became manifest. Examples of departure from the
prescribed rule, too well known TO require proof The
case oil the old Bank of North America might be cited AZ
memorable one The Incorporating ordinance grew out of
e inferred necessity OF such institution carry the
war; by aiding the finances which were sary ing under the
neglect or inability of the States furnish their assessed
quotas Congress at the time much aware of the
nehclen authority That they recommended TO the State
legislatures 10 pass laws giving due effect the ordnance
which wasdone by Pennsy lvana several other States
Mr. wilson justly distinguished for s llectua pow
ers, being deeply impressed with the importance of =
Bank at such crisis published small pamphlet entitled
considerations on The Bank of North America" in which
nc endeavored TO derive the power from the nature the
CH'O IN winch the colonies declared and became
independent States and also from the of the CART.
cles oil Confederation themselves. But what is partcu-
ary worthy OF notice, is, that with all his anxious search
he a.