Direct taxes. To provide ral welfare. Direct taxes, which are of two kinds, viz. capitation, or poll tax, and taxes upon land, are (as already stated) to be apportioned among the several States, according to their population, estimated in the manner prescribed for representation. To do this, the amount to be raised is first ascertained, and then the quota of each State is fixed by the rule mentioned in the Constitution, and may be collected either by requisitions from the State governments, or by levying upon the individual citizens, as may be deemed most advisable. But the method of indirect taxation, by means of duties upon articles of consumption, has been preferred, and has hitherto been found sufficient for the support of the general government. Some have supposed that the authority for common to provide for the common defence and geand gene- neral welfare of the United States," is a distinct power, granted by this clause. But it will hardly bear that construction, and, from the whole sentence it is evident, that the intention was, to state the object of the power of raising money, viz. "to pay the debts, and provide for the common defence and general welfare of the United States." To borrow money. To regulate The necessity of raising large sums of money, by means of loans, in cases of war, or other great emergency, rendered it evidently proper that Congress should have power" to borrow money on the credit of the United States," which is given in this section. The exclusive regulation of commerce commerce. with foreign nations, and among the several commerce States, and with the Indian tribes, is also 'To regulate confided to Congress. This was obviously proper; as the management of all concerns with foreign nations, and a general superintendence over domestic affairs, constitute the peculiar province of the national government, and were the principal objects of its establishment. In this manner, security from foreign aggression, and harmony among the members of the Union, are provided for. Under this clause, and the previous one, Protective authorizing the imposition of duties, laws duties. have been passed for the protection of domestic manufactures, by imposing high duties upon foreign commodities. This has been practised from the commencement of the present government; but, of late, it has been strenuously opposed, as unconstitutional, by some, who maintain that the power "to lay and collect duties," was intended only for the purposes of revenue, and that the power to "regulate commerce," does not give the right to destroy it. A law, therefore, which imposes duties for the purpose of protection, and not of revenue, and tends to destroy commerce with foreign nations, by excluding their productions, is in their opinion, contrary to the meaning of the Constitution, and, for that reason, void. To this, it is replied, that the authority to impose duties, &c. is given expressly "to provide for the common defence and general welfare," as well as to pay the debts" of the Union; and that the regulation of commerce, necessarily includes the right to lessen, or even to destroy any part of it, if required, for the good of the whole. The contempo 66 duties. Protective rary exposition of this part of the Constitution, by the first Congress, which contained many of its original framers, gives great weight to this construction; and the constitutional right to impose protective duties, appears to be clearly established, whatever may be thought of its policy. The Supreme Court has decided, that Congress may lay a general embargo, although commerce may be thereby interrupted for an indefinite time.* Intercourse with Indian tribes. To estab lish a uni Congress has always exercised the right of regulating the intercourse with the Indian tribes, even where they reside within the limits of a particular State. The former articles of confederation gave to Congress the right of "regulating the trade, and managing all affairs with the Indians, not members of any of the States; provided that the legislative right of any State within its own limits, be not infringed or violated." The present Constitution has omitted the restrictive proviso, and given to Congress the exclusive regulation of commerce with the Indian tribes, wherever they may be situated. Individual Indians may be members of the several States, and as such, subject to their control; but while united as tribes, they are recognised as a separate people, and treated as such, by the federal government. As the citizens of each State have all the form rule of privileges of citizens of the United States, naturaliza Congress has the power "to establish a unition. form rule of naturalization." This power is, * Serg. Const. Law, p. 306. form rule of from its nature, exclusive; for if the several To estabStates could legislate on this subject, they lish a unimight require very different qualifications naturalizafor citizens; and aliens would become citi- tion. zens of the United States upon very unequal terms, according to the laws of the particular States in which they might be naturalized. By the acts of Congress on this subject, free white aliens may become citizens of the United States, after a residence of five years in the country, upon complying with certain requisites, among which are renunciation of all allegiance to every foreign power, particularly that of which they were formerly citizens or subjects, and a declaration, on oath or affirmation, that they will support the Constitution of the United States. tion. The fact of receiving foreigners upon Expatriathese terms, would seem to be an admission of the right of expatriation, by which a man may, at any time, release himself from allegiance to the country of his birth. This question has been several times agitated in our courts, but never positively decided, though it appears to be the prevailing opinion that such a right does not exist, unless with the consent of the nation, expressed by some positive law on the subject.* This is founded on the presumption of an implied compact between a community, and its members, of protection on one part, and allegiance on the other, which neither party can destroy, without the consent of the other. However this may be, it is perfectly clear, that a person has no right to expatriate himself without a *Serg. Const. Law, p. 318. tion. Expatria real change of residence, under circumstances of good faith. It cannot be asserted as a cover for fraud, or as a justification for the commission of treason, or other crime against the country, or for a violation of its laws, when this appears to be the intention of the act.* Bankrupt laws. To coin money. The power to enact "uniform laws on the subject of bankruptcies," is highly useful in a commercial country, and is therefore given to Congress. But although many advantages might arise from the rules on this subject being uniform throughout the United States, the power is not exclusive in its character; and therefore, in the absence of a general bankrupt law, the several States have the right to pass bankrupt laws for themselves, which will regulate contracts subsequently made; but they cannot thereby impair the obligation of existing contracts, since that is forbidden by the Constitution.† Congress passed a temporary bankrupt law in the year 1800, which was suffered to expire in a very few years. Should another be adopted, the State laws would be void, so far as inconsistent with it. The coinage of money, and the regulation of its value, have always been considered as incidents of sovereignty; and in an extensive country like this, it is evidently of great importance that the laws in relation to it, be the same, throughout the Union; Congress, therefore, has the exclusive control of this * 7 Wheaton's Rep. p. 348. + Ogden v. Saunders, 12 Wheat. 213. |
