Report of Secretary of Treasury on the Finances, p. 304.

The following is a statement of the public debt, June 30, 1866, exclusive of cash in the Treasury :

The foregoing is a correct statement of the public debt, as appears from the books and Treasurer's returns in the Department, on the 1st of November, 1867.

THE PUBLIC DEBT STATEMENT.

WASHINGTON, Nov. 6, 1867,
11:30 o'clock, P. M.

The following is the statement of the public debt of the United States on the 1st of November, 1867:

MATURED DEBT NOT PRESENTED FOR PAYMENT.

Three-year seven-thirty notes, due August 15, 1867
Compound-interest notes, matured June 10, July 15,
August 15, and Oct. 15, 1867....

Bonds of Texas indemnity..

Treasury notes, acts July 17, 1861, and prior thereto
Bonds, April 15, 1842.

$3,371,100

9,316,100 262,000

163,661

54,061

Treasury notes, March 3, 1863.

Temporary loan.

Certificates of indebtedness..

868.240

4,168,375

34,000

278

Report of the Secretary of the Treasury on the finances, p. 25. There has been some diminution of the public debt since the promulgation of this report.

Whatever may have been the theories and controversies about the powers of Congress to levy taxes for other purposes than to pay the debts of the United States, and as to whether indirect or direct taxes are most equal and just, it is certain that the enormous debt now existing, together with the necessarily increased expenses of supporting the government, will afford a fair oppor tunity of giving a trial to every mode of raising revenue. DEBTS have been contracted. The great future question is, how shall the power to levy TAXES, &c., be most wisely exercised in order to pay them?

The

construed? 10, 78.

79. TO PROVIDE FOR THE COMMON DEFENCE.-See this sentence How is comcontained in connection with the conclusion, that all duties. imposts, mon defence and excises shall be uniform throughout the United States. This provision operates exclusively on the power granted in the first part of the clause. (Monroe.) Story's Const., § 982.

The object is to secure a just equality among the States in the exercise of that power by Congress. (Monroe.) Id., § 982.

The grant consists of two-fold power: to raise; and to appro- What two priate the money. (Monroe.) Id., § 986.

The power in this clause is limited by the nature of the government only. Id., and § 991.

powers in the grant?

For a more limited doctrine, see President Jackson's veto message of the Maysville road bill, 27 May, 1830; 4 Elliot's Debates, 333-335; 4 Jefferson's Correspondence, 524; Jefferson's message, 72-77. 2d Dec., 1806; Wait's State papers, 457, 458.

The extent of the power has been very much debated, and perhaps the subject was exhausted in Congress, as reported in 4th Elliot's Debates, 236, 240, 265, 278, 280, 284, 291, 292, 332, 334, and in Hemphill's Report on Internal Improvements, 10th Feb., 1831; see also 1 Kent's Com., Lect. XII, 250, 251; Sergt's Const., ch. 28, 311-314; Rawle on the Const., ch. 9, p. 104; 2 United States Law Jour., April, 1826, p. 251, 264-280; Story's Const.,

ch. xiv.

Every one will determine for himself the practice of the government from the appropriations for the Cumberland road in 1806, down to the Pacific railroads, and judge the value of precedents, according to his own theories. The speeches of Mr. Huger and Grimke in the South Carolina legislature, in 1830, may well be consulted by students. The term is necessarily connected with the next, "the general welfare."

The Confederate States Constitution contained this limitation :

80.

rate States

"To levy and collect taxes, duties, imposts, and excises, for What was revenue necessary to pay the debts, provide for the common the Confede defence, and carry on the government of the Confederate States; (rebel) Conbut no bounties shall be granted from the treasury, nor shall any stitution? duties or taxes on importations from foreign nations be laid to promote or foster any branch of industry; and all duties, imposts, and excises shall be uniform throughout the Confederate States." Paschal's Annotated Dig., 88.

It will thus be seen that, as in the preamble of the Constitution 5, 11. of this peculiarly indoctrinated school, they took "TO PROVIDE FOR THE GENERAL WELFARE out of their Constitution; while they left the "COMMON DEFENCE" in, although it was not one of the objects expressed in the preamble.

To leave no doubt of the intention to exclude the ideas which 80-89. had divided the country upon the subject of internal improvements, the same Constitution contained this clause:

3. To regulate commerce with foreign nations, and among the 82-89. several States, and with the Indian tribes; but neither this nor any other clause contained in the Constitution, shall ever be con

Internal im- strued to delegate the power to Congress to appropriate money for provements. any internal improvement, inten led to facilitate commerce, except for the purpose of furnishing lights, beacons, and buoys, and other aids to navigation upon the coasts, and the improvement of harbors and the removing of obstructions in river navigation: in all which cases such duties shall be laid on the navigation facilitated thereby, as may be necessary, to pay the costs and expenses thereof." Paschal's Annotated Digest, p. 88.

Define the general welfare.

11, 79, 89.

79.

What is the power and

the purpose?

22, 74.

What are the rules for taxes?

The object of this was to prevent land internal improvements by the National government; and yet we find the same men as ear y as April 19th, 1862, appropriating a million and a half of dollars to aid in the construction of a railroad from New Iberia in Louisi ana to Houston in Texas. Acts of Confederate States at large, 34. Like appropriations were made to complete the road from Danville to Raleigh. The amendment was in accordance with the extreme States rights or strict constructionists' views.

80. "AND GENERAL WELFARE." Judge Story believed that the true import of the whole clause could be thus expressed: "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." Story's Const. § 908. Thus limiting the power of the governinent to tax for providing for the common defence and general welfare. Id. and $911-913.

The laying taxes is the power, and the general welfare the purpose for which the power is to be exercised. Congress are not to lay taxes ad libitum for any purpose they please; but only to pay the debts or provide for the general welfare of the Union. In like manner they are not to do any thing they please, to provide for the general welfare; but only to lay taxes for that purpose (Jeffer son's Op. on the Bank of the United States 15 Feb. 1781; 4 Jefferson's Correspondence 524, 525.) Story's Const. § 926. 927, note 3; Elliot's Debates, 170, 183, 195, 328, 344; 3 Elliot's Debates, 262; 2 American Museum, 434; 2 Elliot's Debates, 81, 82, 311; 3 Elliot's Debates, 262, 290; 2 American Museum, 544.

The power does not interfere with the power of the states to tax for the support of their own governments. Congress is not empowered to tax for those purposes which are within the exclusive province of the States. Gibbons v. Ogden, 9 Wheat. 199; I Kent's Com. 251; Sergeant's Const. Ch. 28, p. 311-315. Rawle's Const. Ch. 9, p. 104; 2 United States L. I., April, 1826, 251-282.

81. "ALL DUTIES TO BE UNIFORM." Congress has plenary power over every species of taxable property, except exports. But there are two rules prescribed for their government:-Uniformity, and apportionment. Duties, imposts and excises were to be laid by the 22, 144, 145. first rule; and capitation and other direct taxes by the second. (Hylton v. The United States, 3 Dall. 171.) 1 Kent's Com. 255. Taxes under this clause must be uniform; but need not be apportioned according to census. Idem. Yet UNIFORM" must mean that the same duties shall be paid at all the ports in the States and Territories," throughout the United States; and that

Define uniform?