The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-07-25

character Of the government. la place of being one
Of few and delegated powers, it would be one pos
sesslDg them 10 the most sweeping and absolute ex-
tent Consider for moment that the constitution
confers upon Congress the power TO make all laws
| necessary and proper for carrying into execution
the granted powers and declares upon its very face
that all State laws and constitutions at variance
with them shall be superseded and do you not see
that the doctrines conended for if conceded would
| strip the States Of all powers and centre them in
| the general government .t .r. ...
IL lis impossible that such suicidal construction
| can be correct. No construction of a particular
clause which subyerts the character Of the whole in
strument can by possibility be correct, IL is very
clear that the terms referred to not designed as
| comforting any distinct power, bot as general de-
Egnation Of the purposes for which the powers del
egated are TO be executed The effect is precisely
the same If the words used had been added at the
end Of each clause Of the section comforting powers
upousCongress, in place of being added at the eDd
of but one. This was the view taken in the State
conventions which adopted the constitution by all
of lts friends, particularly by Mr. Madison and Mr..
George Nicholas in the Virginia convention. Speak
ing Of this clause, the latter gentleman said
ole had endeavOred TO show hs committee that il only
empowered Congress TO make such laws would be
the common defence that this general welfare united
not the general power Of legislation but TO the p4cu
lar power Of laying and collecting taxes mposts and
ese for the purpose paying debts and providing
the drfencethat that they could raise much
money would pay the debts and provide for the common
defence in consequence Of This power The clause hich
had been anecedy called the sspHg CLAUSE contained
served IL il had been added at the end Of every one Of the
enumerated powers instead Of being inserted at the end Of
all hwoud be obvious TO that twas no augmenta
ton Of power As II would grant power Inserted
At the end Of each clause could not when subOinsd to
/ the whole"
| This is obviously the correct view. In fact, the
words in question, so far from being designed an
| enlargement Of the powers of Congress, were de-
signed as a restriction. Congress not only may not
do whatever 1t may fancy will provide for the gene
raj welfare, but II may not exercise the powers
expressly granted for any other purpose than to pro-
mote THE GENERAL welfare. The powers granted
not to be used for special, but general purposes
mot for sectional but for national purposes THIS
alone is fatal will be hereafter shown, to the
tariff sct of 1872 the operation of which Is Partcu-
larly sectional.
Il is thus shown that the terms general welfare
do not enlarge the purposes for which duties may
be levied; and that the encouragement OF manufac-
| lures is not Of them. This being clear, you
cannot, without committing a fraud upon the con-
sttution, levy them for the purpose of protection,
under the pretext Of doing IL for revenue. repeat,
the object for which the power is exercised must
not be lost sight Of Under the clause in question
| you may tax the land. Bot will any one maintain
| that you may do so, consttutonally, for the pur-
pose OF discouraging agriculture and driving people
into other pursuits You can do that legitimate
|
benefit Of manufactures and thus entice the people
/ into that pursuit
If these views require confirmation, it will be
found in the proceedings of the federal convention.
On the 2Sth Of August the close of the conyen-
ton, when most of the provisions Of the constitu-
ton had been agreed upon:
mir Madison moved that the words lay imposs
duties imports be transferred from article - where the
consent Of the general legislature may license the act into
article L. which will make the prohibition the States
absolute He observed that the States interested in this
power by which they could tax the imports Of theii neigh
could give the consent Of the legislature to the injury Of
New JERSEY 1yy; North carOljns -, &c ,,,
Mr. sh rman thought the power might safely to the le
gislst1re Of tho new Cni,ed states -,
to encourage by mpost duties certain manuiaegre, Tor
which they enjoyed natural sdyantsgesas Virginia, the
"Mr Madison. The announcement Of manufactures in
that mode requires duties not only on imports 10y
Union hichwoud revive all the mischies experienced
from the want Of general government over commerce
Mr.. Madison's proposition was lost by vote ol
| four States to seven.
The proposition of Mr.. Madison to make the
! p ohbtion on the States absolute was voted down.
But to obvate the objection, that as the States IN
| terested in the power by which they could levy
duties upon the imports of their neghbors passing
through their markets were a majority, they could
give the consent of the legislature, and under the
1 preext of ouraging their manufactures tax the
Others Mr.. Sherman moved to add after the word
sexports,n in the 10th section of the LIST article o.
| the constitution it now stands, the words 'nor
| with such consent but for the use of the United
| States" What said in the convention upon this
occasion is so important l consider 1t proper tc
present 1t entire:
"Mr Sherman moved add after the word exports tho
words with such consent but for the Of the United
States to carry the proceeds oil all state duties OF
| imports exports into the common treasury.
''Mr Madison liked the motion as preventing all state
imports; but lamented the completely we were giving tc
/ the commercial system
"Mr. Gouvemeur Morris thought the regulation neces
sary prevent the Atlantic States from endeavoring
the western States and promote their interest by op
posing the navigation of the Mississippi which would
drive people into the arms OF Great Britain
"Mr Clymer thought the encouragement OF the western
country suicide on the part of the old States ~
States hare such dBeren, interests that they cannot Dc
regulate Hei MANUFACTURES without encounterng the
of other States it sproof they are not fit to
MIR King was afraid that the regulation moved by Mr.
Sherman would too much interfere NTH the policy % M
States respecting then manufactures which may be necessary
REvENUE REMINDED THE HOUSE, WAS THE OBJECT OF TIL
| GENERAL LEGIsLATuRE"
Here we find that the motion TO make the pro
hibtion upon the States to lay mposs or duties on
imports absolute was resisted upon the ground thai
particular States might desire to lay them for the en-
| enlargement of certain manufactures, for which
| they enjoyed natural advantages. Well, what was
| the repfy' Was it that power was already confer
| red upon the general government to levy impost'
for that purposeI--that when levied by Congress
| thew would be much more efficaclous, and, there
fore, there was no occasion to reserve the power
to the States2 This PROFESSIONALLY would have
been the conclusive reply if the facts would have
| justified it. A like reply was always fayor'te on'
| in the convention in similar Very many ex
ampIes might be given Of this; the debates are ful
of them In the proceeding which took place i'm
diately before the one to which am referring Thu
| reply was given.
i Mr.. Madison moved to insert after the word ere
pr;sap in the 10Th section of LIST article of the con
sttuon as it now stanos, the words "nor lay EN-
bargoes" ale insisted that such acts by thu
States would be unnecessary, impolitic, and un
just" ....
MIR. Sherman thought the States ought to retain IN
pow err in order to prevent suffering and injury to thei
poor" -, 49,, -. $50
"Nr Couveneur Morris considered the provision as uH
the power regulating trade between State an
State already in the general Legislature being sun
| cient."
| And in the case VIC are considering, if the mem
bers Of the convention had supposed that the gener
al government possessed the power to levy impost
for the purposes of protection, the. reply TO Col