Holmes County farmer. [volume] (Millersburg, Ohio) 1857-1926, 1862-05-08

GSsall you, anu, therefore, tnat these
, powers--the power to tax, the power to
raise armies, tho power to maintain ma
vies--must be unlimited and are so un-
limited. There is no limitation now up
on our power to tax. We have given an
evidence Of that very recently. We have
taxed all that we could find to tax, and
we are no exercising the very unlimited
power for which Mr. Hamilton contended.
But if | understand the argument Of
the gentleman from Ohio, he is not sat
isfied with this, but finds in the language
to "provide for the common defence and
general welfare" still further indefinite
and unlimited and discretionary powers.
This, say, is subvcrsive of the whole
spirit of the Constitution. 1t opens a
new source of powers utterly indefinite
Suppose Congress sb Ould say that trial
| by jury is very troublesome in time of
war men must be brought to speedier
trial and punishment courts are too to-
dious in their processes abolish them
and establish military tribunals or send
out commissioners, as the government of
revolutionary France did, to execute their
will, and to judge men on their lives and
property. According to the gcntlcman's
construction, it seems to me that that
may as well be brought within the limits
of the power to ''provide for tho COM
mon defence and general welfare" as that
language can be brought to cover the
right to cmancipatc slaves. AS was well
remarked by the gentleman from Massa-
chusetts { Mr.. TnoMAs,) the Constitution
contcmplates a state of war, and in some
instances contemplatcs an extension of
tho power of the government for the pur-
pose Of carrying it on. In time of war
or rebellion, we may suspend the writ Of
habeas corpus.
Mr.. LovEJoY. AS this conGscation bill
lsIto come up
Mr.. CHAlHMAN. Does the gentleman
from Kentucky yield to the gentleman
from Illinois?
Mr.. CRITTENDEN. | would rather the
gentleman, if at all convenient, would
postpone his remark. If he insists upon
it, | will yield.
Mr. LoyEJoY. | simply wish to say
that as the question Of conliscation is to
come up i'll distinct bill, and as there
+ will be opportunities for its discussion
- when it comes before the House, and as
c many are desirous Of voting Immediately
on the bill now under consideration,
r would respectfully hope that the gentle.
}. man from Kentucky would not abuse tn,
= courtesy of the committee. | did not OBJ
r jcct to the gentleman's time being OK.
t tended, but | supposed that he only
= wanted to finish his remarks upon the
Y bill now before the committee. Many oI
us are anxious to vote on it, and hone
t that no time will be occupied in arguing
, on these other bills.
Mr.. CRIrTENDEN. | WISH Mr.. Chair
man to so through this subject and re-
ply to the argument of the gentleman
from Ohio, { Mr.. BlNGnAM) J | have
l had evidence enough Of his ability and
, his Independence, which l gladly ac-
knowledge; and l would be glad if he
: would review what he has himself read
, from Mr.. Hamilton, in connection with
, what | ask now to refer him to from Mr..
Madison.
Mr. Madison takes up the same sub
ject, and discusses it in No. Al of the
Federalist Ho speaks Of an argument
add essed against the Constitution at
that day. There were those who op-
posed the Constitution then on the
ground that the words which tho gentle
man from Ohio relies Onto provide
for the common defence anu general
welfare"-Sive unlimited and general
power in the Constitution. Mr.. Madison,
in reply to that class of objections, says:
"Some who have not denied tho n ccessity
of the power of taxation, have grounded a
very fierce attack against the Constitution
on the language in which it is defined. 1t
has been urged and echoed that the power to
lay and collect taxes, duties, imposts and
cXciscs, to pay the debts and provide for the
common defence and general welfare of tho
United States amounts to an unlimited com
mission to exercise every power which may
be allcdgcd to be necessary for the common
defence and general welfare. No stronger
proof says Mr.. Madison could DO given of
the distress under which these writer's labor
for objections than their STOPPING to such a
lmisconstruction."
These are very emphatic words.
will read one more paragraph
"llad no other enumeration or definition
of tho power of the Congress bocn found in
the Constitution than the general expressions
lust cited, the authors of the objections might
have had some color for IL; though il would
| be dillicult To find reason Tor so awkard a
form Of describing an authority to Iegslato
in all possible cases. A power to destroy
the freedom Of tho press, the trial by Jury,
OF even to regulate the course of dcconts, or
the forms oi conveyances, must be very sing
uarly expressed by tho terms to raise money
for the general wolfaro.'"
| That is what Mr. Madison says; and
he says much more to the same effect.
In conclusion, Mr.. Chairman, | have
to thank the committee for its Kindness
AMI indulgence. 1t was, perhaps, duty
which | owed to my constituents, that
should say something in respect to this
matter, have discharged that duty
have dono it without fear, have
done it with II heart impressed with the
Importance of tho subject, with con
sciousuess Of the time in which we are
acting, and Of all the circumstances
which surround us, and which invoke us
to conrso Of justice, moderation, and
gcntlcncos. Let us show mercy, that
quality which
"bccOmcs
Tho throncd monarch better than his crown. "
Wo aro now in condition, or soon
Twill DO, having shown our power in war
orr country clothed in victory, the re-