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general welfare, or to secure the blessing of liberty to the people of the U. States and their posterity;' and should the question be decided affirmatively in relation to all or any one of these objects, the only remaining consideration is, whether the means of accomplishing it, can be found among the de. legated powers of the Government, or among the incidental powers having a proper relation to, and being, in the language of the Constitution, 'necessary and proper for carrying into execution the delegated powers. If this cannot be done, the measure must, of course, be abandoned; but if it can, the measure is fairly within the purview of the Constitution, and all the powers and resources of the Government may be applied to its accomplishment.

“Such, then, is the rule, * and the only rule, by which the various acts of every Administration can be made to stand the test of the most rigid constitutional scrutiny. And such is the rule which the American Colonization Society, now asks, may be applied to a measure, as intimately asso. ciated with the domestic tranquillity, the common defence, and the general welfare' of the country, as any, which the human mind can conceive, or the human heart desire.”


56* The correctness of this rule, and its application to the greater part of the enumerated powers of the Government, have been uniformly acquiesced in. Some difference of opinion has existed as to the extent of the incidental powers, that might be claimed under it; and a certain class of politicians seem disposed to resist, as though the salvation of the Republic depended upon it-its application to the appropriating power of the Government.Congress is especially authorized, amongst other things, 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;' and yet, by a strange disregard of the obvious import of the terms used, it is denied the power of applying the proceeds of those taxes, &c. to the very objects for which they were intended; unless through the instrumentality and in aid of its other enumerated powers. If this be correct, why, it may be asked, was the power placed amongst, and at the very head of the enumerated powers? Why was it not left among the incidental means “necessary and proper for executing the enumerated powers? Or, at all events, if from abundant caution, it was deemed necessary to designate it, why was it not dec in terms—that Congress shall have power to lay and collect taxes, duties, imposts and excises; not 'to pay the debts, and provide for the common defence and general welfare of the United States,” but “to execute the following powers,' &c.? The reason assigned in the Report of '99, for its extraordinary construction of this clause of the Constitution, is its necessity for guarding the rights of individuals and of the states against encroachment: for if, in the view of the author of the Report, Congress may, under its authority to lay and collect taxes,' &c. apply the proceeds of those taxes to every measure calculated to promote the common defence and general welfare;' it may, in effect, accomplish every purpose within the range of legislation, and thus defeat the object of the subsequent enumeration of its pow

This reasoning would be perfectly correct, if the power to appropriate money to an object, drew after it, as a necessary consequence, the power to accomplish that object. But the power to appropriate and the power to execute are two distinct things. The one may be used in aid of the interests, but never in violation of the rights, either of the states or of individuals. The other, on the contrary, may, in promoting the general good, interfere with both the claims of individuals and the jurisdiction of the states. The power to appropriate money, for example, to roads and canals, is limited to the simple act of appropriation. But the power to make roads and canals, would authorize their location and protection, either with or without consent, on the property of any individual, and within the jurisdiction of any state. So, too, an authority to create a fund, as proposed by Mr. King, “to aid in the emancipation and removal of such slaves as may by the laws of the several states be authorized to be emancipated and remov. ed,' could not in any possible mode, interfere with the rights either of the states or of individuals. But a power 'to emancipate and remove the slaves within the limits of a state, would be a most alarming power of interference with both. There is obviously, therefore, a very good reason why the active powers of the Government should be specified and defined, while the power of appropriation should be limited only by the general interests of the country.


Extract from Niles? Register.

We shall now proceed to speak of the cultivation of tobacco which is chiefly an article for export, and of two very different qualities, “Maryland” and “Virginia,” as they are commonly denominated, though made in smaller parcels in several other states.

The produce of this article was greater before the revolution than it is now! Even in 1758, Maryland and Virginia, alone, exported 70,000 hhds. and in the three years 1791, 1792 and 1793 [see the table,] we exported 273,647, but in the three years 1822, 1823, and 1824 only 259,061, notwithstanding the great increase of laborers. But the foreign market will not receive more than a certain quantity-the average of the Maryland quality, used for smoking, being short of 30,000 hhds. and that of the Virginia, chiefly used for chewing, less than 50,000; and such is the peculiar condition of this commodity, that 90,000 hhds. exported will produce no more money, on an average, than 80,000! This is a curious example of the effect of scarcity and supply, and we speak understandingly, as will be seen by a reference to the table, made up from official documents--take the following examples of succeeding years:



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6, 209,000


12, 809,000


6,282,000 Virginia, which, more than any other state in the union, deserves to be called the “land of steady habits," may long extensively continue the cultivation of tobacco, though cotton is rapidly superseding it in the eastern part of that commonwealth, of which we shall more particularly speak below. The product of tobacco has declined in Kentucky, the Carolinas, Georgia and Louisiana, not being found so profitable as other agricultural pursuits; and, perhaps, when the labour and capital employed are considered, it is the least profitable of any other business in the United States, as it is carried on in Maryland and Virginia, because of the costly labour of slaves; and it has also powerfully tended to retard the progress of population and wealth in these states, by exhausting the soil and driving away free labourers. Virginia, late in the first rank of the states, stands the fourth in effective population, and, by the census of 1840, will probably be thrown into the sixth grade; and in regard to actually operating wealth (which begets wealth), much further behind than that, unless her policy is changed, though her territory is so very extensive, and much of her land is of the best quality. But truths like these are offensive; and we wish to appeal to the reason of persons without exciting their passions; and, after one or two further remarks on the cultivation of tobacco, we shall immediately speak of Maryland, our own state.

The following shows the value of tobacco exported in the years given: 1822

.86,222,000 1824

....4,855,000 1826.

...5,215,000 The annual average value for the last five years, was about $5,500,000_a less sum than that of the manufactured articles exported in the year just ended.* The first is stationary or declining; the latter rapidly advancing, and very soon to become, after cotton, much the largest item in our foreign trade. The simple mention of these facts, exposes the fallacy of the arguments made against the protective system, which, after supplying the demand at home, as to its chief amount for such goods as are protected, has, already, a worth in like articles exported, (to meet the competition of all nations,) surpassing that of one of our great staple commodities, and of which, by soil and climate, and through custom, we have something like a · monopoly!

But it is to the planters and people of Maryland that we would now directly address ourselves. In 1790, we had 319,000 inhabitants and one-eleventh of the whole population of the United States; in 1820 we had 407,000, and a twenty-fourth part of the whole population,-in 1830 we shall not show a thirtieth part of such population, unless because of the increase in Baltimore and the other manufacturing districts: indeed, if these be left out, our population is probably decreasing. In the first

congress we had six members out of 65—now we have nine out of 215; and, if the present whole number of members is preserved after the next census, we shall have but seven; and so, from the possession of one-eleventh part of the power of representation, we have passed to a twenty-fourth part, and are just passing into a thirtieth. The same operation has taken place and will act upon our neighbour Virginia—though her western grain-growing and grazing and manufacturing district is doing much, indeed, to keep up her standing, and would have a mighty effect, if less restricted opinions prevailed, and a really representative government were allowed. Truth thus speaks to us “trumpet-tongued”-yet we seem neither to hear nor heed it; and what has been our chief commodity for export, and furnished the chief means of purchasing foreign goods, which we have so much preferred and which the people still blindly wish to see


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introduced,) is about to fail us altogether! Ohio has already materially interfered with our tobacco; and, raised by free labour, can afford to transport it 300 miles by land, and yet undersell our planters in Baltimore, their own local and natural market! See the article from the "American Farmer” which is annexed. The fact is, that most of our intelligent planters regard the cultivation of tobacco in Maryland as no longer profitable, and would almost universally abandon it, if they knew what to do with their slaves, for many reject the idea of selling them: others, however, are less scrupulous, and the consequence is, that great numbers of this unfortunate class are exported to other states, the cost of their subsistence being nearly or about equal to the whole value of their production in this. But Maryland is abundant in resources, if casting away her prejudices, "the old man and his deeds," she will profit by her natural advantages. We have good lands, and much water power on the western shore. * The last is considerably improved in Cecil, Baltimore, Frederick and Washington counties, and manufacturing establishments are pretty numerous and respectable; in all these the population is increasing—the farmers have large barns and well filled granaries, and markets at their doors, as it were, for the chief part of their surplus products, including butter, eggs, vegetables the hundred little things which the good farmer and prudent housewife collect and save: and in many cases they, alone, because of the market for them, sell for more money in a year, than the whole surplus crops of wheat and corn raised on plantations cultivated by eight or ten slaves; for they themselves eat much, waste more, and work little. The whole crop of Maryland tobacco may

annual value of $1,500,000 and this is below the clear product of labour employed in the factories of Baltimore alone! We do not include the employment of mechanics, properly so called; and thus, aided by some foreign commerce and navigation, and a large home trade, we have, in this small spot, collected and subsisted more than onesixth part of the gross population, or about a fifth of the whole

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* We have also many valuable mines and minerals, which, though rapidly coming into use, are yet only partially worked. Large quantities of iron ore are carried from the neighbourhood of Baltimore to the New England states, there manufactured, and probably brought back again and sold here to purchase or pay for more ore!

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