Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1846-09-22

pointed out in which this power is delegated Ell
Their in express terms or by necessary implica-
ton as means or an end, il cannot be main
tanned. The power in question is claimed by
some as conferred in the power TO lay and col
lect taxes, duties &C.. and by others as an Incl
dent to the power to regulate commerce. Before
| proceed TO examine these two clauses in detail
| think it proper TO submit, few general remarks.
II will scarcely be disputed thai, in exercising
power expressly granted, you must not lose sight
fthe purpose for which il was granted. III you
exercise such power for purposes not conlem-
plated, you as etfeclualy violate the Constitution
as il you usurp power altogether. And II is
equally clear, upon every principle OF consruc-
ton applicable TO our Constitution, that power
claimed as an incidental one must not be a dis
linct, independent and substantive prerogative, oil
equal consequence, and more especially oil supe-
rior consequence, TO others expressly granted
For you cannot suppose that when the trainers Of
the Constitution took the pains 10 make minute
enumeration OF such powers, it meant 10 confer
others, by mere implication, OF as great lmror-
lance.
Bearing these principles in mind, which will
scarcely he contested, lei us examine The two
clauses under which the power TO enact pro-
lec,ve tariff is sought 10 be derived. The first is
in these words:
"The Congress shall have power 10 lay and
collect taxes, duties impcsts and excuses, 10 pay
the debts and provide for the common defence and
general welfare Of the United States; but all du-
lies, mposts and excuses shall be uniform through
out the Uniled States"
Here, il is said, is an express authority 10 lay
and collect taxes, duties and imposts; and the
tariff of lS42 is nothing more than law doing
il. This is true But il must not be forgotten
that the purposes for which the power is given
are as explicitly stalled as the power itself. The
power is to raise money, and the purpose, to dis
charge the pecuniary liabilities and engagements
of the Government. This is the purpose, ana
not TO encourage manufactures. But to inns II IS
answered, that the purpose for which Inc power
is delegated is not only to pay Inc dep'S, put "
provide for the common defence and general well
fare; and it is commended, that il Congress shall
be Of opinion that these objects will be pro-
noted BY protective tariff, il has The pow
er expressly given 10 enact j, for that pur-
pose. In other words, The power is claimed un-
der what is iamilarly called The general welfare
doctrine" This doctrine has been so frequently
exploded, that feel indisposed TO say much in
reference 10 it. Admit il 10 be true, and you
make almost every other clause OF the Constlln-
lion surplusaee. There is very little pertaining
TO government which may not be done under The
sweeping power 10 provide Tor the general vel
fare. But there is nothing superfluous in The
execution, for political wisdom.
Grant this doctrine and you snbvert the whole
character of the Government. In place of being
one OF few and delegated powers, il would be one
possessing them 10 the most sweeping and abso-
iu,e extent Consider for moment that the Con-
sltulion coniers upon Congress the power 10
make all laws necessary and proper for carrying
into execution the granted powers and declares
upon its very face that all State laws and consli-
.1oll
and do you not see that the doctrines commended
for, if conceded would strip the States of all
powers and centre them in The General Govern
ment2
1t is impossible that such suicidal consruc-
ton can be correct. No construction of par
,icular clause which subverts the character ofihe
whole instrument can by possibility be correct
Ii is very clear that The terms referred to are not
designed as comforting any distinct power, but as
a general designation of the purposes for which
the powers delegated are 10 be executed. The et-
feet is precisely the same as if the words used had
been added at The end OF each clause of the sec
ton comforting powers upon Congress, in place
OF being added al the end Of but one. This was
the v;.-4 s~I.>n in rho Siatr ovn-ortions which
adopted the Constitution by all its friends, par
ticulary by Mr. Madison and Mr.. George Mich
olas, in the Virginia Convention. Speaking oil
this clause, the latter gentleman said:
ale had endeavored TO show the Committee
that il only empowered Congress TO make such
laws as would be necessarvto enable them 10 pay
he public debts and provide for the common de-
fence; tina, this general welfare was united not TO
the general power of legislation but 10 the parli-
cuar power of laying and collecting lakes, i'm
posts and excuses, for the purpose OF paying the
debls and providing Tor the common defence
that is, thai they could raise as much money as
would pay The debts and provide Tor The common moi
defence in consequence OF this power ne
clause which had been affectedy called lhe
,reeping clause, contained no new grant OF power;
To illustrate this position, ne observed, IL II hao
been added al the end Of every one OF the ennme.
rated movers, instead OF being inserted al The end
of all. i, would be obvious 10 any one that II was
no augmentation OF power. As II would grant
no new power if inserted al the end OF each clause,
il could not when subjuined TO the whole"
This is obviously the correct view. In fact,
the words in question, so far from being designed
as an enlargement OF the powers OF Congress,
were designed as restriction. Congress not on
" may no, do whatever il may fancy will provide
for the general welfare, but il may not even ex.
ercise The powers expressly granted for any other
purpose than 10 promote THE GENERAL welfare
The powers granted are moi to be used Tor spe.
cial, but general purposes not for sectional, but
for national purposes. This view alone IS ia
tai as will be hereafter shown, 10 the tariff act OF
1912, the operation Of which is particularly Sec
tional.
|, is thus shown that the terms general vel
fare" do not enlarge the purposes for which duties
may be levied and that The encouragement OF
manufactures is not one Of them. This being
clear. you cannot, without committing fraud up
on the Constitution, levy them for The purpose oil
protection underline pretext oil doing il Tor revenue
repeai the object for which the power is exer-
cised must not be lost sight OF. Under the clause
in question YOU may lax The land. But will any
one maintain that you may so, constiIu,ionally,
for the purpose OF discouraeing agriculture and
driving people into other pursus2 You can do
that as leslimately as yon can tax commerce and
agriculture tor the benefit vi manufactures and
thus enlice the people into that pursuit.
II these views require confirmation, il will be
found in the proceedings of the Federal Conven-
,ion. On the 2Sth OF August, near the close OF
the convention, when most OF The provisions oil The
Constitution had been agreed upon
aMr. Madison moved that the words NOR lay
imposls or duties on imports, be transferred from
article 49, where The consent of the general legis
aure may license the act, into article IL, which
will make the prohibition on the States absolute
He observed, that as the States interested in this
power, by which they could tax the imports OF
their neishbors passing through their markets,
were majority, they could give the consent OF
Inc Legislature " HC iHJuiJ Va 1'S" 9SiSSyt
North Carolina, &c.
"Mr. Williamson seconded the motion.
'Mr. Sherman thought The power might safely
be lett TO the Legislature oil The new United
States.
"Col Mason observed, that particular States
might wish TO encourage, by impost duties, GER
tain manufactures for which they enjoyed natu-
raj advantages-as Virginia, the manufacture OF
hemp, &c.
"Mr. Madison. The encouragement OF ma
nulactures in that mode requires duties, not only
on imports directly from foreign countries, but
from the other States in the Union, which would
revive all the mischiets experienced from the
want of a general government over commerce"
Mr.. Madison's proposition was lost by vote
of -four States to seven.
The proposition OF Mr.. Madison 10 make The
prohibition on The States absolute was voted
down. But 10 obviale the objection, that as the
States interested in the power BY which they could
levy duties upon the imports OF their neighbors
passing through their markets were majority,
they could give the consent vi the Legislature