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1. That, the power is unlimited; that the subsequent clause,

"to pay the debts and provide for the common defence and

general welfare, giving a substantive, independent power,

cannot be restricted to purposes of revenue, merely; 2nd.

That, the power is restrained by the subsequent clause, and is

given, in order, to pay debts and provide for the common de-

fence and general welfare; and 3d. That, the power is fur-

ther restrained, to such specific objects as are contained in the

other enumerated powers of the Constitution. It is unneces-

sary to dwell upon the first two opinions. Either gives all

that the advocates of the American System require. Since,

by no rational construction, can the power for laying taxes for

the public welfare, be restricted to the purpose of revenue, as

the public welfare may, unquestionably, be promoted by taxes

other than for revenue.

62. But with regard to the third opinion, we may remark,

that, if revenue be not the sole and exclusive mean of giving
effect to the enumerated powers of the Constitution, the ad-
vocates of this doctrine must maintain, with those of the se-
cond opinion, that the power of taxation is not limited to pur-
poses of revenue. Now, it is perfectly clear, that such enu-
merated powers have other means to effectuate them than
revenue. Thus, the power "to regulate commerce” is ren-
dered effective by taxes which countervail foreign monopo-
lies, and adverse commercial restrictions;-the power to coin
money and regulate its value may be operative by a tax on
foreign coin;-the power to provide for organizing, arming
and discipling the militia, by a tax upon foreign arms, to en-
courage the domestic manufacture; and the power to de-
clare war, with its auxiliaries, may be effectuated by a tax
prohibiting foreign, in order to secure a permanent domestic,
supply of the munitions of war. If taxes may be laid in
these, and like cases, then the enumerated powers require
the power to lay taxes, to be more extensively construed than
for purposes of revenue. It is no answer to this argument to
say, that the power of taxation, though in its nature only a
power to raise revenue, may be resorted to, as an implied.
power to give effect to the enumerated powers. That would
be to aver, that an express, is not co-extensive with an im-
plied, power to lay taxes,-that when the power is expressed,
it means a power to raise revenue, only; but when implied, it
has no regard to this object. How then, is a case of mixed
nature, where, in the law, revenue is blended with other ob-
jects, to be dealt with?

64. The expediency of exercising this power, depends upon

many and various considerations. Whilst all must admit the

wisdom of its exercise in the protection of the general in-

terests of the country, as commerce and agriculture, and such

branches of manufacture, as are indispensable in war; all must

recognize the impolicy of its use, when it subserves the in-

terests of the few, but oppresses the many. In the case of

manufactures, there seems to exist a tolerable safe rule.

the manufacturer can now, or at a proximate time, supply the

demand of the country in competent quantity and quality, and

at a price as advantageous as the foreigner, there can be no

substantial reason opposed to protecting him, by discriminating

duties, against the foreign artist. In such case, domestic com-

petition will soon remove the evil of monopoly. But if the

manufacturer cannot comply with these requisites, it would be

an act of oppression upon the community, to tax them for his

benefit. He would have a monopoly as odious as unjust. In

the application of the foregoing rule, some latitude may be

allowable in determining what proximation to the qualities

above stated as pre-requisite, may warrant the protection.

This is a case solely for the wisdom of Congress; and if it

were the only one, the subject would possess little difficulty.

65. But a small minority of the Union have, or think they

have, interests in relation to it, irreconcilable with those of
the majority; and taking the ground, that, the power claimed
by the majority is not only inexpedient, but is unconstitution-
ally and unwarrantably assumed, they refuse, or may refuse,
obedience to the general law. When such a case is serious-
ly made and resolutely prosecuted, our citizens must calcu-
late the value of the Union. If it be worth preserving, we

must, in the spirit of compromise, ever essential to our safety,

yield a portion of the general advantages, or, in other words,

submit to the evil of insufficient restriction, or we must en-

force obedience to the law. If the Union be not worth pre-

serving, the refractory State must fall from our brilliant

galaxy, and be converted, like other fallen stars, into a loath-

some mass; and its citizens, as the citizens of every other

foreign State, be enemies in war, in peace, friends. But Cain

was not so accursed, as will he be, who shall consummate this

work, The brand of infamy burnt not so brightly upon the

brow of him who mocked his Saviour, as it will upon the

front of him who shall thus impair a Union, in which centres

the world's hope of political happiness.

66. III. The right of the General Government to appropriate

monies raised by taxation or otherwise, would seem to be as

clear as the right to levy taxes for the common defence and

general welfare. Both depend upon the same clause of the

Constitution; the second part giving the right to appropriate

the public money. If it be not given by it, it is not given at.

all; there being no other grant in the Contitution which gives

it directly, or which bears upon the subject, even by implica-

tion, unless it be the prohibition to appropriate money for the

support of armies for a longer term than two years, or the pro-

hibition to draw inoney from the treasury, without an appropria-

tion made by law. This part of the grant gives no distinct and

original power. It is manifestly incidental to the objects of

the first part, giving the power to lay taxes. If both parts be

taken together, it seems impossible to give to the latter any

other construction than that contended for; inasmuch as that

enumerates the objects to which the public money may be ap-

propriated.

67. If such be not the true construction of the words, to pro-

vide for the common defence and general welfare, they have ei-
ther no import, or one much greater, in extent, than the first
words of the clause. Either presumption is unwarranted; the
first, because no part of the Constitution can be deemed useless
or unmeaning; the second, because such construction makes the
second part of the clause an original grant, embracing the
same objects with the first, but with greater power; which
is absurd. The order observed in the grants made by the
Constitution, is to give the power in the fullest manner, and
then to qualify it, when necessary. Again, if the clause be
not an authority to appropriate the public money, it conveys
indefinite and unlimited power; dispensing with the special
powers to raise and support armies and a navy; to call forth

the militia, or even to lay and collect taxes. An unqualified power "to pay the debts and provide for the common defence and general welfare," if a distinct and separate grant, would extend to every object of public interest. The power to provide for the common defence would give to Congress the command of the whole force, with all the resources of the Union; but an unqualified right to provide for the general welfare would go much further; would break down the barriers between the States and the General Government, and consolidate the whole under the latter.

68. But, if the clause be construed to mean nothing more than a grant of power to appropriate the public money, every word has an important meaning and effect; and all grants of power by the Constitution have full operation. The great scheme is consistent in all its parts. We have a government instituted for national purposes, vested with adequate powers, commencing with the most important, that of revenue, and proceeding in order to all the others-all formed with the utmost care and circumspection. How much more consistent is this inference with the great objects of the institution, and with the wisdom of those who framed and those who ratified it, than one which subverts every sound principle of construction, and throws all things into confusion!

69. The power being settled, as in the General Government, it becomes necessary to determine what is its extent. It is contended, on one side, that the National Government, being one of limited powers, has no right to expend money, except in cases authorized by specific grants, according to a strict construction of them. That the clause relied on does not, in either of its branches, give to Congress discretionary power of any kind; but is merely an auxiliary to effect the other grants. But the power to raise, and the power to appropriate monies, flowing from the clause, is alike general and unqualified. Each branch was, obviously, drawn with a view to the other; the import of each illustrates that of the other: and all the powers given by the Constitution without qualification, must be exercised without other check than the responsibility of the representative to his constituents,

70. So intimately connected with, and dependent upon, each other are the two branches of this clause, that the limitation of one would have been a limitation of the other. Had the power to raise money been restricted to special purposes, so would have been the power of appropriation. So, if the power of appropriation had been restricted to definite objects,

it would have been useless and improper to raise more funds than would be adequate to those purposes.

71. It cannot be doubted that this correspondence and dependence was the result of design. For it would have been impossible to have subjected the grant in either branch to restriction, without serious embarrassment to the Government. Thus, had the exercise of the grant depended on the States it would have been in the helpless, hopeless condition of the confederation: Had the assent of the Supreme Court, or other tribunal, been réquisite, the operations of the Govern ment might have been suspended, and the system disorganized.

72. Many weighty considerations support the construction which has been adopted: Under it, the words "to provide for the common defence and general welfare," have a definite, safe and useful meaning: The idea of their giving unlimited power, superceding every other, is abandoned: They will be considered as granting a right of appropriation indispensable to that of raising revenue, and necessary to every species of expenditure: By it, no new power will be taken from the States; the money to be appropriated being raised under a power already granted: By it, too, the motive for strained construction to other and specific grants, will be greatly diminished; an effect which cannot be too highly ap preciated, when we consider that to whatever extent any specific power may be carried, the right of jurisdiction pursues it in all its, incidents. The important agency of this grant in effecting every other, is a powerful argument in favour of our construction. All other grants are limited by the nature of the offices they respectively perform; each conveying a special power only; this is co-extensive with the scheme of the Government itself.

73. If, then, the right to raise and appropriate the public money, be not restricted to the expenditures under the other specific grants, according to a strict construction of their powers, respectively, is there no limitation to it? The answer is affirmative: That, the limitation is in the purposes for which the nation was organized, and those purposes only. Congress cannot apply money for the exclusive benefit of a State or district: But, any measure which has an aspect of national benefit, however small in itself, as a pier in a river, the improvement of the navigation of a petty, stream pertaining to some general system, is within their power. It may be that the office of discriminating between local and general im

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