American watchman. [volume] (Wilmington, Del.) 1814-1822, 1822-01-29
Original Communication.
ron rnE AMERIcAN wArcnMAN.


an act for the establishment of college in the vii
y lage of Newark its vicinity, in New Castle
County in the state of Delaware, and for other pur-
poses;" and the act entitled an act laying duties on
n licenses to retailers OF foreign goods, and
merchandise" both passed at the session OF the
4 General Assembly held in lS2l.-The design oil
the legislature in passing these laws, was the best
that could be imagined 1t was, first, to dlfluse
"A knowledge more extensively among the people, by
afording youth the facilities of acquiring libe
raj education within the state, which they do not al
present possess Secondly, to equalze or reduce tax
alton, by making tributaries OF persons who, III their
distinctive characters had never contributed any thing
TO the public exigencies And, thirdly, it was fur
Their intended to advance the pecuniary Interests Of
the community, by retaining within the stale, the
Il money which is annually sent out of it, to pay for
the education of youth belonging to 1t, at semina
q ries in other states, well as by drawing into it
large sums which the youth of other states would
bring with them, when placed at our institutions.
v To say nothing OF the advantages which would i'm
mediaely accrue 10 those who should furnish ma
terials tor, and the mechanics and laborers who
should be employed in constructing the proposed
college and academies with the sppurtenant build
#ings-- in what variety of ways, and to what cx
tent would not the interests Of our citizens be pro
snoted by the annual retention, influx and crcua.
#gion OF so great an amount OF money! Regardless
however of all the benefits connected with the i'm
tprovement of either the intellectual or pecunary
condition of the peoples which the laws in question:
ill carried fully into execution would produce the
SrnaJor part OF the citizens on whom they were in
#tended TO operate, with some others who were &C
#tuated either by their preudces, by interested
,Jnotives, discovered Immediately on their passage
an hostility TO them which they could have merited
Eonly had their character heen the most inquitous
impotic and unwise The law relating to the own
hers of steam boats and stages has, in contempt of
the Legislative authority been dsobeyed by them;
and had not the fines annexed to violations of the
act laying duties on licenses 10 retailers been re-
scoyerable by indictment, 1t is probable that many
more than have done it, would have refused to take
cut licenses In respect TO the last mentioned law,
shat ORGAN of the government in of the coun-
ties, on which the enforcement OF IT depended, has
refused to perform the functions assigned to 1t The
grand Jury OF Sussex, at the late November term
oil the court OF quarter sessions oil the peace held
tter., considering itself paramount to the iegisla-
lure, assumed the power Of deciding on the consti-
xutiohality OF both these laws and presented them
las grievance. And if in this procedure it was not
inuenced by the aparchcal spirit which got UP the
1nobs and sedtious meetings in another part Of the
state the effect of its conduct has not been less de-
le.erous An important law has been obstructed
in its operation, one OF the wheels OF government
has been stopped, and its existence endangered by
The disorder introduced into It
M Believing the laws in question to be at varianceI
with neither the constitution of the United States
nor the constitution of the state; being under the
Impression also, that they just and expedient,
the following remarks intended to eucidae and
8proye these points. 1t shall be attempted TO show
sfrst, that the charge ct unconsttuonay exhibit
Fed against the act laying duties on licenses to re-
Staers Of foreign merchandise Is unfounded.
M After the revolutionary war had commenced and
these states had entered into confederacy to shake
lsoff their dependence on Great Britain, and until
4he present form Of government was established,
3he money and supplies necessary to meet the ex'
penditures and comply with the requisiiona of the
contederacy, were apportioned among the several
ktates and left be raised by them in such manner
as the legislatures thereof should provide This
was done by direct taxationin all the states, and by
layng duties on tonnage & imports IN such OF them
Vas imported foreign merchandise. But the power to
lay and collect taxes, duties, mposts and excises
kgas BY the federal constitution granted congress;
states continuing still retain the power of taxa
ion as extensively as they had before done, except
regard to tonnage duties, & duties on imports and
#exports. These they were prohibited from laying
8ay clause O. sec. 10 OF the constitution The
Sc vention which framed that instrument had weigh
M reasons for depriving the states OF the power ex-
epted and yesting it exclusively in congress, so far
Mas respects duties on tonnage imports LIST, it was
,Sl.nown that these would form, OF all others, the
nost fruitful source of revenue, and therefore that
S, would be important that the national government
shouId be put in exclusive possession Of it, asst was
sHt 10 be entrusted with providing for the common
'Rtlelence and general welfare of the country.
# Secondly had the large importing states been
a permitted to retain it, they might have been rem
Edcred too powerful to submit TO the constitution &
laws of the United States, and the rights liberties
KIND interests of the other states might also have
been brought into jeopardy.
Thirdly, the care of providing for the common
safety and general welfare being devolved on the
Irrational government wheret can be most efficient