11 Again? the samedistipguished personage, in a letter to Mr. Steverisdnz dated November 27, 1830, in whichlhe examines the origin and progress of the clause under consideration, remarks that: “ A special proyisiofl, says Mr. Madison, could not have been necessary for the debts of thenew Congress; for a power to provide 'money, and a power to perform certain acts, of which money is the ordinary and appropriate means, must, of.course, carry with, them a power to pay the expense of performing the acts. Nor was any special provision for debts proposed, till the case of the revolutionary debts was1 brought into view; and it is a fair presumption, from the course of the varied propositions which have been noticed,'that but for the old debts, and their association with.the terms, ‘common defence and general welfare,’ the clause would have remained, as reported in'the first draught of a constitution, expressing generally ‘ a power in Congress to lay and collect taxes, duties, imposts, and excises,’ without any addition of the phrase ‘ to provide for the common defence and general welfare.’ With this addition, indeed, the language of the clause being in conformity with that of the clause in the articles of confederation, it would be qualified, as in those articles, by the specification of powers subjoined to it. But there is-sufficient reason to suppose, that the terras'in question would not have been introduced, but for the introduction of the old. debts, with which they happened to stand/in a familiar, though inoperative relation. Thus introduced, however, they pass undisturbed through the subsequent stages of the constitution. “If it be asked, why the terms 1 common defence and general welfare,’ if not meant to.convey the comprehensive power, which, taken literally, they express, were not qualified and explained by some reference to the particular power subjoined, the .answer is.at hand, that although it might easily have been done, and experience shows it might be well if it had been done, yet the omission is accounted1 for by an inattention to the phraseology, occasioned, doubtless, by the identity with the harmless character attached to it in the instrument, from which it was borrowed. - . “ But may it not be asked with infinitely more propriety, and without the possibility' of a ■satisfactory answer, why, if the terms were meant to embrace, not only all the powers particularly expressed, but the indefinite power which has been claimed under them, the intention was not so declared; why, oh that supposition,"so much critical labor... was employed in enumerating the particular-powers, and in defining and limiting their extent? * * $ * * 4- * “ The obvious conclusion, to/which we are brought, is, that these terms, copied from the articles of confederation, were regarded in the new, as in the old instrument, merely as general terms, explained and limited by the subjoined specification^, and therefore requiring no critical attention or studied precaution. * * ■* * * * * * ■ “Mr. Wilson, justly distinguished for his intellectual powers, being deeply impressed with the importance of a bank at such a crisis, published a small pamphlet, entitled ‘ Considerations- oh the Bank of North America,’ in which he endeavored to derive the power frdm the nature of the Union in which the colonies were declared and became independent States ; and also from the tenor of the ‘ articles of confederation’ themselves. But'what is particularly worthy of notice is, that with all his anxious search in those articles for such a power, he never glanced at the terms ‘common defence and general welfare,’as a source of it.”’—Elliot's Debates, vol. 4, pp. 646—7. And here, sir, 1 think I may safely rest tins part of the subject. The second paragraph of the 8th section of the constitution, which vests in Congress the power “to borrow money on the credit of the United States,” has also been appealed to by the friends of a national bank. But as nothing like an argument has ever been adduced in support of this position, as it rests upon mere conjecture, without the shadow of authority to support it, and as a bill to charter a bank is not a bill to bofrow money, I will not trouble the Committee with any further remarks on this point, but proceed to examine the third paragraph of the Sth section of the constitution, which gives Congress the power “ To regulate commerce with foreign nations, among the several States, and with the Indian tribes.” This clause has been appealed to by the advocates of internal improvements, as authorizing Congress to construct roads and canals, &c ; it has also been appealed to by the friends of the tariff system, as vesting in Congress an implied power to protect our domestic manufactures ; and lastly, it has been appealed to, as authorizing Congress to establish a United'States
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