History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle FramersCurtis, George Ticknor
History
History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle Framers
Curtis, George Ticknor
Constitutional history -- United States
Two distinct propositions were thus before the Convention. One of them
contemplated a qualification of the revenue power, the other did not.
One was to give authority to Congress to pay the revolutionary debt,
both of the United States and of the States, and to fulfil all the
engagements of the Confederation; the other was to declare that
revenues were to be raised and taxes levied for the purpose of paying
the debts and necessary expenses of the United States, limiting all
revenue laws, excepting those which were to appropriate specific funds
to the payment of interest on debts or loans, to a term of years. When
these propositions came to be acted upon, that reported by the grand
committee was modified into the declaration that "all debts contracted
and engagements entered into, by or under the authority of Congress,
shall be as valid against the United States, under this Constitution,
as under the Confederation." The State debts were thus left out; the
declaration was prefixed, as an amendment, to the clause which granted
the revenue power, and was thus obviously no qualification of that
power.[238]
But it was thought by Mr. Sherman, that the clause for laying taxes
and duties ought to have connected with it an express provision for
the payment of the old debts; and he accordingly moved to add to that
clause the words, "for the payment of said debts, and for the
defraying the expenses that shall be incurred for the common defence
and general welfare." This was regarded by the Convention as
unnecessary, and was therefore not adopted.[239] But the provision
reported by the committee of detail, which was intended as a
qualification of the revenue power, by declaring the objects for which
taxes and duties were to be levied, had not yet been acted upon, and
on the 31st of August, this, with all other matters not disposed of,
was referred to a new grand committee, who, on the 4th of September,
introduced an amendment to the revenue clause, which made it read as
follows:--"The legislature shall have power to lay and collect taxes,
duties, imposts, and excises, to pay the debts, and provide for the
common defence and general welfare of the United States." This
amendment was unanimously adopted;[240] and when the Constitution was
revised, at the close of the proceedings, the declaration which made
the debts and engagements of the Confederation obligatory upon the new
Congress, was separated from the context of the revenue clause, and
placed by itself in the _sixth_ article.
Public-domain text, read in full here on John Shaqi.
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