Whereas, our tenet ever was,
and, indeed, it is almost the only land-mark 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 for ever 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.
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