Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1828-12-25

,,ructious. without any plea OF preciPitaney'
~ n,uci,y Of The constructive precedens tney
.onposr: without sny appeal 10 material iac's
newly brouch, to light; and without any c'ai"
10 better knowledge of the original evhs an"
inconvepiences, for which remedies were heeq,
ed. the very best keys TO the true oo]ec' ana
meaning If all laws and constitutions
And may il no, be fairly left 10 the nnbias-
sed judgement Of all men OF experience an" %
intelligence, to decide, which Is most I" DC
relied on for sound and safe test OF the mean
ing of Constitution, uniform interpre'a''c"
Inv all the successive authorities under IL,
commencing with its birth, and continued Tor
a long period, through The varied state Of po-
liical contests; or the opinion OF every new
Legislature, hea'ed as il may be by the STRIFE
OF Dar,ies-or warped, as often happens, by the
eager pursuit Of some favorite object-or car
ried away, possibly, by the powerful eloquence
or captivating address of few popular states
men, themselves, perhaps, influenced ny the
same misleading causes? If the latter test is
20 p.rvaiI, every new legislative opinion m'gh'
make anew Constitution, as the foot oil every
new Chancellor would make a new standard OF
measure. y,
tits sren, with no liule surprise, that an at.
tempt has been made, in highly respectable
quarter, and al length reduced 10 resolution,
formally proposed IN Congress, TO substitute,
for The power OF Congress to regulate trade so
as to encourage manufactures, power in the
several States TO do so, with the consent OF that
BODY; and this expedlent is derived from
clause in the tenth section OF article tirst OF the
Constitution, which says: No State shall,
without the consent Of Congress, lay any inn
posts or duties on imports or exports, except
what may be absolutely ncce ssary for executing
its inspection laws, and the net produce CT al
| du les, and impos;s, laid by any State on i'm
Doris or exports, shall be for the use Of The
| Treasury of the Unied States; and all such
laws shall be sublrt 10 ;be revision and con-
troll Of the Congress"
To say no,hing Of the clear indications in the
| Journal Of the Conveni ion Of 1887 tina: the
clause wa, intend merely 10 provide Tor ex-
penses incurred by particular States, in their
| Inspection lws, and in such Improvements as
they might choose 10 make in their haTbors and
rivers, with the sanction Of Congress--objecls
| to which the reserved power has been applied,
in several instances, at the request OF Virginia
and Georgia how could it ever be imagined
tina, any St, tie would wish TO tax its own trade
! for The encouragement; OF manufactures, n pcs
sessed Of the authority, oil could in fact do so, il
wishing il?
A tax on Imports would be tax on its own
consumption; aud The net proceeds going, &C
cordmg 10 lac clause, not into its own Ireasu-
nv, but into he Treasury of the Cniied States.
the State would AK itself separately for the
eousl gain Of all the other States; and as far as
the manufactures SO encouraged, might sue
coed in ultimately increasing the stock in mar
ke, and lowering the price BY competition, this
advantage, also, procured al the sole expense
Of the State, would be common 10 all the 9TH
ers.
But the very suggestion Of such IN expedieni
10 any State, would have an air Of mockery,
when lis experienced impracricabilily is taken
into view. No one, who rccollccts or recurs
to the period when the power over commerce
was in the individual States, and separate at
tempts wer. made to tax, or otherwise regulate
il, need be told that the attempts were not only
aborive, but, by demonstrating The necessity Of
general and unifotm regulations, gave The ORR
ginal impulse 10 he constitutional reform which
provided for such regulations.
To refer Sts.e, therefore, 10 the exercise Of
power, ds reserved 10 her by the Constitution,
The impossbllity of exercising which was all
induce menl to adopt the Constitution, is, Of all
remedial devices, the last that ought to be-
broaght forward. And what renders it the
more extraordinary, is, that, as the tax on com
merce, as Tar as il coulJ be separately collect.
cd, instead Of belonging 10 the Treasury Of the J
Stale, as previous 10 he Constitution, would
be tribute to the United States, the State
would be in worse condition, after the adop.
ton Of the Constitution, than before, in refer
ence to an importan, interest, the improve ment
of which was particular object i'll adopting
the Constitution
Were Congress 10 make the proposed decIa-
ration Of consent 10 stare tariffs in favor Of State
manufao lures, and the permitted attempts did |
not defeat themselves, what would be- the stu-
alton Of States deriving their foreign supplies
through the ports Of other States? 1t is evi. !
dent that they might be compelled 10 pay, in |
their consumption of particular articles import
ed, tax for The common treasury, NOT common |
to all the States, without having any manufac-
ture or product Of their own, TO partake Of the
c contemplated benefit.
Of The impractcaaiity Of separate regula-
TONS OF trade, and The resulting necessity Of
general regua ions, no STATE was more sensible
than Virginia. She was accordingly, among
he mos, earnest for granting to Congress a |