Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/376

§ 905. The former opinion has been maintained by some minds of great ingenuity, and liberality of views.^[1] The latter has been the generally received sense of the nation, and seems supported by reasoning at once solid and impregnable. The reading, therefore, which will be maintained in these commentaries, is that, which makes the latter words a qualification of the former; and this will be best illustrated by supplying the words, which are necessarily to be understood in this interpretation. They will then stand thus: "The congress shall have power to lay and collect taxes, duties, imposts, and excises, in order to pay the debts, and to provide for the common defence and general welfare of the United States;" that is, for the purpose of paying the public debts, and providing for the common defence and general welfare of the United States. In

---

1. See 2 Elliot's Debates, 327, 328. See Dane's App. § 41, p. 48; see also 1 Elliot's Debates, 93; id. 293; id. 300; 2 Wilson's Law Lect. 178, 180, 181; 4 Elliot's Debates, 224; 2 U.S. Law Journal, April, 1826, p. 251, 264, 270 to 282. This last work contains, in p. 270 et seq. a very elaborate exposition of the doctrine.—Mr. Jefferson has, upon more than one occasion, insisted, that this was the federal doctrine, that is, the doctrine maintained by the federalists, as a party; and that the other doctrine was that of the republicans, as a party.^{[a 1]} The assertion is incorrect; for the latter opinion was constantly maintained by some of the most strenuous federalists at the time of the adoption of the constitution, and has since been maintained by many of them.^{[a 2]} It is remarkable, that Mr. George Mason, one of the most decided opponents of the constitution in the Virginia convention, held the opinion, that the clause, to provide for the common defence and general welfare, was a substantive power. He added, "That congress should have power to provide for the general welfare of the Union, I grant. But I wish a clause in the constitution in respect to all powers, which are not granted, that they are retained by the states; otherwise the power of providing for the general welfare may be perverted to its destruction."^{[a 3]}

1. 4 Jefferson Corresp. 306.
2. 2 Elliot's Debates, 170, 183, 195; 3 Elliot's Debates, 262; 2 Amer. Museum, 434; 3 Amer. Museum, 338.
3. 2 Elliot's Debates, 327, 328.