Herald and tribune. [volume] (Jonesborough, Tenn.) 1869-current, 1885-10-29

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exercise of the tazng power, which is conferred in the most comprehen-
sWe terms, but the APPLICATION of that money when raised involves the
exercise of Congressional discretion, reaching to any and all objects or
purposes which have a direct relation TO the general welfare Of the Govern
ment or which affect the common interests or concerns of two or more
States, From the failure to keep in mind this distinction between the
exercise of a power in acquiring funds and the legislative discretion neces-
sar1y involved IL applying them to objects connected with the general
welfare, has arisen much of the confusion now prevailing on this subject.
Mr.. Hamilton in his celebrated report, as Secretary of the Treasury in
1891, on manufacturers document which to this day constitutes the great
armory of principles and reasons in support of incidental protection to
home indushes4-frst asserted the distinction have indicated, and main
tanned it, from the words and intent of the Constitution, with a power Of
argument never surpassed and never answered. ask your indulgence in
giving a single extract from that report. He says: "The national
Legislature has express authority to lay and collect taxes, duties, imposts
and excuses, to pay the debts and provide for the common defense and
general welfare, with no other qualifications than that all duties, imposts
and excuses shall be uniform throughout the United States; that no CAPT.
taaon Or other Greet tax Shall be laid unless In proportion to numbers; and
that no tax or duty shall be laid on articles exported from any State.
These three qualifications excepted, the power to raise money is plenary
and indefinite, and the OD@S to which it may be appropriated are no less
compehensN> vhan the payment of the public debts and the providing
for the common defense and the general welfare. The terms general
welfare were doubtless intended to signify more than was expressed or
imported in these which preceded; otherwise numerous exigences, Incl
dent to the affairs of the nation would have been left without provision.
The phrase is as comprehensive as any that could have been used, because
1t was not fit that the constitutional authority Of the Union to appropriate
its resources should have been restricted within narrower limits than the
general welfare and because this necessarily embraces a vast variety Of
particulars, which are susceptible neither OF specification nor of definition,
It's therefore Of necessity left to the discretion of the National Legislature
to pronounce upon the objects which concern the general welfare and for
which, under that description, an appropriation of money is requisite and
proper, and there seems no room or a doubt that whatever concerns the
general interests, of learning, of agriculture, of manufactures and Of
commerce., are within the sphere ofthe national councils, SO FAR AS REGARDS
THE APPLICATION OF MONEY. The only qualification of the generaEtyof the
phrase In question which seems to be admissible is this that the object
TO which an appropriation of money is to be made, must be general not
local; Its operation extending in fact or by possibility, throughout the
Union, and not confined to a particular spot. No objection ought to
arise to this construction from a supposron that it would imply a power
to DO whatever else should appear to Congress conducive to the general
welfare "A power to appropriate money with this latitude, which is
granted IN express terms, would not carry a power to do any other thing
not authorized IN the Constitution, either expressly or by fair implication"
In another and later great state paper Hamilton again reaSserted this
proposition, as fellows 1T is true that Congress cannot, without breach
OF trust, lay taxes for any other purpose than the general welfare, but SO
neither can any other government. The welfare of the community is the
only legitimate end for which money can be raised on the community.
Congress can be considered as only under one restriction which does not
apply to other governments. They cannot apply the money they raise to
any purpose nicely or purely LEGAL. But with this exception, they have as
large a discretion in relation to the application of money as any Legislature
whatever. The constitutional test of a right application must always be
whether 1t be ioT a purpose of general or local nature. If the former
there can be no,want of constitutional power, The quality of the object,
as how far 1t will really promote, or not, the welfare of the Union, must
be a matter of conscientious discretion, and the arguments fol or against a
measure in this light must be arguments Concerning expedency or mex
pedlency, not constitutional right"
l am aware that this authority may be questioned by some. know
that 1t is fashionable in certain quarters, even at this day, to denomce
Hamilton as a tederahs, opposed to Democratic principles and insutu-
tons. Its true that he, like MI. Madison, favored a stronger National
HA '"SS otNbhohNN Jul " o) l"l uC dlU l uulGISlllU as
as any man who ever lived, the Constitution as it uus adopted
would be a reckless assertion from any source. The fact is, felowctizens,
this country never produced an intellect more brilliant or a man with attain
mens more varied and profound, l find it difficult to name his equal as
an orator, writer, lawyer, hnancier and statesman. Atan age when most
men are hardly prepared for public life, and in an era distinguished for its
giant minds, he stood in the very front rank, if not the sandardbearer, of
greatness. Chancellor Kent, whom my legal brethren will re-
cognlze as no mean authority, In referring to Hamilton as a lawyer and
Sta'eSnnan' says mat as he unfobded and developed the great and then novel
questions of international and constitutional law, the mind of the listener
human intellect, The cry of Federalsl should never deter us from explor
His is one of the great historic pictures that should never be
turned to the wall"
But Hamilton was not alone in the construction which asserted that
objects of general concern, or which may be conducive to the benefit O
the whole, may be aided by the application of money, although such oh
do not fall within any powers specially conferred upon Congress.
who leaned Tor support upon those two grand intellectual
pillars, Jefferson and Hamilton, fully concurred in the ltters opinion and
construction, as his repeated recommendations to Congress of objects OF
Sort especially OF the encouragement of learning, of manufactures
agriculture, OF a military academy and of a great civil university, will
prove. lie urged that institutions for the promotion of agr.
and of education, especially in the science of government, shuuldbe
supported by the public purse. What specific powers of the General
covered or embraced such objects as institutions for the pro-
motion OF agriculture and civil instruction?
John Adams came next, and sanctioned the construction which Hml.
ton had advocated; and among the objects which he declared should
receive the earnest attention and patronage OF his administration, he
every rational effort to encourage schools, colleges, univer
academies and every msltuhontor popagatng knowledge and virtue
amongst all classes of people, not only for their benign influence on the
happiness OF life in all Its stages and of society in all its forms, but ast the
means of preserving our Constitution from its natural enemies, the
of sophstry, the spirit of party, and the spirit of intrigue and cor