The spirit of the age. [volume] (Woodstock, Vt.) 1840-1844, 1840-12-25
THE OLD LANDMARKS,
MADISON,s REPORT.

MADISON's REPORT.
From the Committee 10 whom rere referred hi
Communications Of rarious States, relatire Il
the Resolutions Of The last General assembly o.
this State, Virginio1 concerning The Alien
and SedHioa Lars
[Continued.l
The fourth resolution stands as folows
'That the General Assembly doth also express
its deep regret that spirit has in sundry instan-
ccs, been manifested by the Federal Government,
TO enlarge its powers by forced constructions of the
Constitutional charter which defines them ; and
that indications have appeared of design to ex-
pound certain general phrases, (Which, having been
copied from tile very limited grant OF powers in The
former articles of confederation, were the less liable
to be msconstrued,) so as to destroy the meaning
and effect of the particular enumeration which
necessarily explains, and limits the general phrases;
and so as TO consolidate the States by degrees, into
one sovereignty, the obvious tendency and inevita-
BILE result of which would be, to transform the pres
ent Republican system of the United States, into
an absolute, or at best a mixed monarchy"
The first question here to ne considered is, wheth
or spirit has in sundry instances been manifested
by the Federal Government TO enlarge its powers
by forced constructions of the Constitutional char
ter
The General Assembly having declared their o.
pinion merely by regreting in general terms that
forced constructions for enargng the Federal pow
crs have taken place, it does not appear to the
Committee necessary to go into specification o.
every instance to which the resolution may aude.
The Alien and Scdi,ion Acts being particularly
named in succeeding resolution, are of course, 10
be undeisto as included in the ausion. Omit
ing others which have less occupied public atten-
ton, or been less extensively regarded as uncon-
stituliona, the resolution may be presumed to re-
fer particularly to the Bank law, which, from the
circumstances Of its passage, as well as the latitude
of construction on which it is founded, strikes the
attention with singular force; and the carriage tax,
having a similar tendency. Those instances alone,
if resulting from forced construction and calculated
to enlarge the powers of the Federal Government,
as the Committee, cannot but conceive TO be the
case, sufficiently warrant this part Of the resolution
The Committee have not thought it incumbent on
them to extend their attention to laws which have
not been objected to, rather us varying the Consli-
tuiional distribution of powers in the Federal Gov
crnmenl than as an absolute enlargement OF them;
because instances of this sort, however important
in their principles and tendencies, do not appear TO
fall strictly within the text under review.
The other questions presenting themselves, arc
|. Whether indications have appeared of design
TO expound certain general phrases copied from the
"Arclcs of the Confederation" SO as to destroy
the effect of the particular enumeration explaining
and limiting their meaning 2. Whether ills en-
position would by degrees consolidate the States
into one sovereignty. g. Whether the tendency
and result of this consolidation would be to trans
form the Republican system of the L. States into a
monarchy.
|. The general phrases here meant must be those
"of providing for the common defence and general
welfare"
In the "Arlices of Confederation" the phrases
are used as follows in Art. VIII. can charges OF
war, and all other expenses that shall be incurred
for The common dctcace and general ~eDare, and
allowed by the L. 5. in Congress assembled, shall
be betrayed out of n common Treasury, which shall
be supplied by the several States, in proportion To
the value of all land within each State granted TO
or surveyed for any person, as such land !and the
buildings and improvements thereon shall be eslini-
aed, according 10 such mode as the L. - in Con-
press assembled, shall from time to time direct and
appoint
In the existing Constitution, they make the fol-
lowing part of Sec, s ''rhe Congress shall have
power to lay aud collect taxes, duties, mposs ant
excuses to pay debts, and provide for the common
defence and general welfare Of the L. States"
This similarity in the Of these phrases in thu
two great Federal charters, might be well consld
cred, as rendering their meaning less liable to b'
miscons,rued in the latter; because it will scarce
" be said, that in the former they were ever un
lcrsood to be either n general grant OF power
or to authorize the rcquisliion or application
money by the old Congress TO the common defence
and general welfare, except in the cases aferward
enumerated, which explained and limited theI
meanings aud If such was the limited meaning al
tached to these phrases in the very instrument re
yised and remodeled by the present Constitution
it can never be supposed that when copied into TIL
Constitution, Il different meaning ought 10 be at
tached to them.
That, Notwithstanding the remarkable secur'i.
AGAINST misconstrucion, a design has been lndch'
ed to expound these phrases in the Constitution s.
os to destroy the effect of the particular enunIera
ton of powers by which it explains and limits them
must have fallen under the observation OF thos
who have attended 10 a course Of public transact
ions. Not TO multiply proofs on this subject,
will suffice to refer TO the debates of the Fedora
Legislature, in which arguments have OIL diilcren
occasions been drawn, with apparent effect, iror
these phrases, in their indefinite meaning.
To these indications might be added, w'thou
looking farther, the official report on manufactures
BY the late Secretary of the Treasury, made Gu u"
9TH of December, 1891 and the report Of 'o"
In r r..uxo,, :, January. 1877, on the pro