The treaty then will legally control the duty act, and the act for licensing traders in this particular instance.
From this opinion there is no reason to suppose that any member of the cabinet dissented.

A secret article providing for the case was submitted to the senate, and it has never been understood that in advising and consenting to it, that body was divided.
* * * * * NOTE--No.

V._See Page 394._ This question was investigated with great labour, and being one involving principles of the utmost importance to the United States, on which the parties were divided, the subject was presented in all the views of which it was susceptible.

A perusal of the arguments used on the occasion would certainly afford much gratification to the curious, and their insertion at full length would perhaps be excused by those who recollect the interest which at the time was taken in the measure to which they related, and the use which was made of it by the opponents of the then administration; but the limits prescribed for this work will not permit the introduction of such voluminous papers.
It may, however, be expected that the outline of that train of reasoning with which each opinion was supported, and on which the judgment of the president was most probably formed, should be briefly stated.
To prove that the measure was not sanctioned by the constitution, the general principle was asserted, that the foundation of that instrument was laid on this ground, "that all powers not delegated to the United States by the constitution, nor prohibited by it to the states, are reserved to the states or to the people." To take a single step beyond the boundaries thus specially drawn around the powers of congress, is to take possession of a boundless field of power, no longer susceptible of definition.
The power in question was said not to be among those which were specially enumerated, nor to be included within either of the general phrases which are to be found in the constitution.
The article which contains this enumeration was reviewed; each specified power was analyzed; and the creation of a corporate body was declared to be distinct from either of them.
The general phrases are, 1st.

To lay taxes to provide for the general welfare of the United States.