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488. No State can," without the consent of Congress, lay any tonnage duty, or imposts, or duties on imports or exports, except what may be absolutely necessary for executing its inspection Laws," and the net produce of all duties and imposts laid by any State on imports or exports, are declared to "be for the use of the Treasury of the United States," and all such State Laws are subject to the revision and control of Congress.

489. Under this power, " to lay and collect duties, imposts, and excises, to pay the debts and provide for the common defence and general welfare of the United States," Congress has, from the earliest period of the Government, claimed, and exercised authority to lay duties for the purpose of encouraging and protecting articles of domestic produce or manufacture, as well as for raising a revenue on imports.

490. But this authority has been questioned, upon a construction of the Constitution, which excludes "the general welfare" as one of the objects for which this branch of the power of taxation was surrendered by the several States; and denies that it can be applied to any other purposes than that of paying the debts, supporting the civil and military establishments of the Union, and of carrying into effect the powers specifically enumerated in the Constitution, and vested by it in Congress.

491. It is, nevertheless, a sound rule of construction, and universal in its application, that the different parts of the same instrument ought to be so expounded, as to give effect, if possible, to the whole, and to every part susceptible of meaning.

492. As it cannot be presumed that the term "ge

neral welfare," was introduced into the Constitution for no purpose whatever, those words cannot be excluded from all share in the meaning, unless they are incapable of bearing any signification in the connexion in which they are used, or of being reconciled either to the remainder of the clause of which they form a part, or to other parts of the Constitution.

493. If objects capable of being embraced by these general expressions, cannot be deemed to be comprised amongst the more definite objects previously or subsequently enumerated, it must be intended that other objects than either of these, were intended to be accomplished by means of the taxing power; and that such further objects comprehend every thing to which "the general welfare" requires this power of Congress to be applied, as the direct means of effecting the end proposed.

494. Unless Congress have power to afford this encouragement and protection, by the means in question, such power exists no where in the Union; as the State Legislatures cannot impose duties on articles of importation without the consent of Congress, and have surrendered to Congress the exclusive power of regulating commerce with foreign nations.

495. Whether "the general welfare" be, in fact, promoted by imposing duties for the encouragement and protection of domestic manufactures, is a question of National policy, involving facts and opinions from their nature not cognizable in Courts of Justice, and depending for their determination upon the sound exercise of Legislative discretion.

496. Whatever may be the opinions of enlightened men, as to the policy of protecting domestic manufactures, or as to the question, whether "the general

welfare" be indeed promoted by the imposition of duties on articles of foreign importation; those opinions must be founded on views of national policy, and principles of political economy, upon which none but the National Legislature can, for any practical purpose, authoritatively decide.

497. Unless Congress had authority to decide on the facts and principles upon which the exercise of its Legislative discretion depends, those facts and principles would be subject to judicial examination, and a construction might be given to the Constitution, not merely by the judgment of a Court upon the question of law, whether Congress has power "to lay duties to provide for the general welfare," but, upon the opinion of a Jury upon the question of fact, whether the "general welfare" was, upon sound principles of public policy, actually promoted by protecting duties.

498. The objects to which the surplus revenue arising from protecting duties are applied, unless designated in the Law authorizing them to be levied and collected, can have no bearing on the general question of the Constitutionality of Laws, providing merely for their being levied and collected.

499. When collected and paid into the Treasury of the United States, the proceeds of such duties are at the disposal of Congress; and as "no money can be drawn from the Treasury, but in consequence of appropriations made by Law," no question as to the constitutionality of the objects to which that portion of the public revenues may be applied, can arise until a Law be proposed for their specific appropriation.

500. Neither is an inequality in the operation of protecting duties, contrary to the provision of the M

Constitution, which requires all duties to be uniform throughout the United States; as the uniformity required is in the imposition, and not in the operation, of the duties; and whatever may be the fact, in regard to their operation, it must depend on the expense and consumption of individuals, which are beyond the control of Legislation.

501. The power of borrowing money on the credit of the United States, is conferred on the National Government in general terms; but as the public credit of the Union must depend on the financial resources placed at its command, this power must have been intended to be exercised in anticipation of the National resources, and must consequently be subject to the same restrictions, as to its objects, to which the power of taxation is limited and confined.

CHAPTER II.

OF THE POWERS VESTED IN THE GENERAL GOVERNMENT, FOR REGULATING INTERCOURSE WITH FOREIGN NATIONS.

502. The powers vested in the General Government for regulating intercourse with foreign nations, consist

1st. Of the Powers to make Treaties, and to send and receive Ambassadors, and other public Ministers and Consuls.

2d. Of the Power to regulate foreign Commerce, including a Power to prohibit, after a certain period, now elapsed, the importation of slaves; and,

3d. Of the Power to define and punish piracies, and felonies committed on the high seas, and offences against the Law of Nations.

503. The Powers to make Treaties, and to send and receive Ambassadors, are essential attributes of National sovereignty; and of that international equality which the interests of every sovereignty require it to preserve.

504. As Treaties existed between the United States and foreign Nations, at the adoption of the Constitution, it was proper to vary its terms in regard to Treaties, from its general expressions relative to Laws, of the United States; and to declare, in reference to the former, that "Treaties, made, or which should be made, under the authority of the United States," should constitute a part of the Supreme Law of the land.

505. These expressions were considered as including both Treaties made previously to the Constitution, and those which might be subsequently negotiated; and it has accordingly been adjudged, that the clause not only applies to Treaties subsisting at the ratification of the Constitution, as well as to those since concluded; but that it effectually repeals so much of all State Constitutions and Laws as are repugnant to such previously existing Treaties.

506. More general and extensive terms are used, also, in vesting the power with respect to Treaties, than in conferring that relative to Laws; and whilst the latter is laid under several restrictions, there are none imposed on the exercise of the former, notwithstanding it is committed to the President and Senate, in exclusion of the House of Representatives.

507. Although the President and Senate are invested with this high and exclusive control over all those subjects of negotiation with foreign Nations, which may eventually affect important domestic in

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