The Arkansas banner., 1845-11-19
No. 10.


 The questions piesenting themselves, ate-Nhether indication5alavc appeared of a design 10 expound geaasM phrases copiod from the 'sArlicles of goasatleration.'' SO ss to destroy the effect of tlla particular enurne- ration explaining and limss;nr their meaninp. 2 Whether tiis exposition would by de- Erecs consolidate the S,aias into one aover- eisnty. 3. Whether the hn@encvand result ot this consolidation vnpid he to transform the republican system of the United States in- to a monarchy.
 l. The general phrases here meant, must be these "of providing for the common de- fence and general welfare"
 In the eAriicles of Confederation the phrases are used as follows. m Article VIII: All charges of war, and all other expenses that shall beineurred for tie common defence and general 1seIfare, and allowed by tho U States in Congress assembled. shall be lelrav- cd out of a common tsasurY, which shall be supplied by tle sereeJ Staes ia pfopor- lion to the value of ai land within each State. granted to or surveyed for any pursun, as such land ard the buildings and improve ments thereon shall be estimated, according to such mode as the United States, ill Con. gress assembled, shall from time to time di. rect and appoint
 In the existing Constitution, they make the following part of Section 8; ''Fhe Con- gress shall have power to lay and collect mXes' duties, imposts, and exciscs, to pay the debs and provide for the common defence and general welfare of the United States.o
 This similarity in .he use of these phrases i'll the tv.o great federal charters, might well be considered as rendering their meaning less liable to be miseonstfHed in the latter, because 1t will scarcely be said that in the former they were ever understood to be either a general grant of power, or to authorize tue rcqnsllon or application of money bY the Congress to the common defence and general welfare, except in the case afterwards enu- meated, which explained ahd limited their meaning; and if such was the limited mean ng attached 10 these phrases in the very in- stfament revised and remodelled by the pres ent Constitution, u can never be supposed that, when copied into this constitution, a different meaning ought 10 be attached to them.
 That, notwithstanding his remarkable se- curly against misconslruction, design has been indicated 10 eSponnd these phrases in the Constitution so as to destroy the effect ol the particular enumeration of powers by which lt explains and limits them, musG have fallen under the observation of those who have attended 10 the course of public transactions Rot to multiply proofs on this subject, il will suffice 10 refer to tbe debates of the Fed efal Legislature, in which arguments have on different occasions been drawn, with apparent effect, from these phrases, in their indefinite meaning.
 To othese indications might be added, without looking farther, the official Report on Man. niaelufes, by ihe laie Secretary of the Treas- thy, made on tie 9th of December, I79I; and the Report oi a Committee of Congress, ln January, l797, on the promotion of Agri- culture. h the first of these 1t is expressly e0htened t0 belong "to the discretion of the National Legislature to pronounce upon the objects which concern the general acelfare, and for which, under that discretion, all ap- proPriaton is requisite and proper. And there seems 10 be no room for doubt that whatever concerns the general interests of LEARNING, of AGRICULTURE, of MAHUFaoT- UREs, and of COMMERCE, ure within the sphere of the National Councils, as far ds rcgards aR application of mou'h" The lat ter Report assumes the same latitude of pow CT m the National Councils, and applies il 10 the encouragement of Agriculture, by means of d society 10 be established at tht seat of government Although neither o these reports may have received the sanction Of q law carving t into effect, yet, on tht other hand, ihe extraordinary doctrine con tained in both has passed without the slight estposiiiYe mark of disapprobftion from ,h' authority t9 which t was addressed
 Now whether tie phrases in question bt construed to authorize every measure relating to the common defence and general welfare as conlended by Some-or every measure on ] iy in which there might be an application o money, as suggested by the caution of others -the effect must substantially be the same III destroying the import and force of the par. hcular enumeration of powers which follow these general phrases in the Constitution = For IL IS evident that there is not a single power whatever which may not have some reference 10 the common defence or the gen. eral welfare; nor q power of any magnitude which, in is exercize, does not involve O! admit an application of money. The Gov ernment, therefore, which possesses powe in either one or other of these cxtuuts, is government without the limitations formed by a particular enumeration of powers; and, con seqnently, the meaning and effect of thi :. particular enumeration Is destroyed by tht exposition given To these general phrases.
 This conclusion will not be affected by al attempt to qualify the power oyer the ..gen elal wellare,o by referring it to cases wher the general soelfarc is beyond the reach o separate provisions by the indirjduoi States and leaving to these their jurisdictions in ca ses to which .their separate provisions ma, be competent. For, as the authority of tn individual States must in all cases be incom peteat 10 general regulations opera'in through the whole, the authority of the Uni ted States would be extended to every objee relating to the general welfare, which migh by any possibility, be provided for by lh general authority. This qualifying construc ton, therefore, would have little, if any, ten dency 10 cIrcnmsefbe the power claimed un der the latitude of the terms .'genera wei laren