The Writings of Thomas Jefferson, Vol. 7 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
Philosophy
The Writings of Thomas Jefferson, Vol. 7 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and Private
Jefferson, Thomas
United States -- Politics and government -- 1775-1783; United States -- Politics and government -- 1783-1865
Among the laws of the late Congress, some were of note; a navigation
act, particularly, applicable to those nations only who have navigation
acts; pinching one of them especially, not only in the general way, but
in the intercourse with her foreign possessions. This part may re-act
on us, and it remains for trial which may bear longest. A law respecting
our conduct as a neutral between Spain and her contending colonies, was
passed by a majority of one only, I believe, and against the very general
sentiment of our country. It is thought to strain our complaisance to
Spain beyond her right or merit, and almost against the right of the
other party, and certainly against the claims they have to our good
wishes and neighborly relations. That we should wish to see the people
of other countries free, is as natural, and at least as justifiable, as
that one King should wish to see the Kings of other countries maintained
in their despotism. Right to both parties, innocent favor to the juster
cause, is our proper sentiment.
You will have learned that an act for internal improvement, after passing
both Houses, was negatived by the President. The act was founded,
avowedly, on the principle that the phrase in the constitution which
authorizes Congress "to lay taxes, to pay the debts and provide for the
general welfare," was an extension of the powers specifically enumerated
to whatever would promote the general welfare; and this, you know, was
the federal doctrine. Whereas, our tenet ever was, and, indeed, it is
almost the only landmark which now divides the federalists from the
republicans, that Congress had not unlimited powers to provide for the
general welfare, but were restrained to those specifically enumerated;
and that, as it was never meant they should provide for that welfare but
by the exercise of the enumerated powers, so it could not have been meant
they should raise money for purposes which the enumeration did not place
under their action; consequently, that the specification of powers is a
limitation of the purposes for which they may raise money. I think the
passage and rejection of this bill a fortunate incident. Every State will
certainly concede the power; and this will be a national confirmation
of the grounds of appeal to them, and will settle forever the meaning of
this phrase, which, by a mere grammatical quibble, has countenanced the
General Government in a claim of universal power. For in the phrase, "to
lay taxes, to pay the debts and provide for the general welfare," it is a
mere question of syntax, whether the two last infinitives are governed by
the first or are distinct and co-ordinate powers; a question unequivocally
decided by the exact definition of powers immediately following. It is
fortunate for another reason, as the States, in conceding the power,
will modify it, either by requiring the federal ratio of expense in each
State, or otherwise, so as to secure us against its partial exercise.
Public-domain text, read in full here on John Shaqi.
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