Delaware journal. [volume] (Wilmington [Del.]) 1827-1832, 1828-12-30
TUESDAY, December 50, 1928.

other clause it is said, "no tax OF duties sha DC iu
on exports, &c." Here the two terms are USED as
synonymous. And in another clause, where II Is saia
" no State shall lay any lmposts, or dulies' NC, '"e
terms imposts and duties are synonymou fieo-
nasms tauoogies, and the promiscuous use oil terms
and phrases, differing in their shades OF meaning, |
(aways to be expodnded with reference to the con-
tex and under the control Of the general character
and manifest scope of the instrument 10 which they
are foun are to be ascribed, sometimes to the pur-
pose Of greater caution sometimes 10 the ihpeiiec-
tons of language, and sometimes to the impcriecuon
OF man himself In this view of the subject, II was
quite natural, however certainly the general power
to regulate trade might include power to impose
duties on it, not to omit it in clause enumeratlng
the several modes of revenue, authorized by the
Constitution. In few cases could the sex mayor
cautela'' occur with more claim to respect.
Nor can it be inferred, that power to regulate
trade does not involve power to tax 1t, from The
distinction made in the original controversy with
Great Britain, between a power to regulate trade
with the Colonies, and power to tax them. pow
CT to regulate trade between different parts OF the
Empire, was eonfessedly NECESSARY; and was adj
nted to lie, far that the case, IN the Bll-
fish Parliament the taxing part being at the same
time denied to the Parliament, and asserted TO be
necessarily inherent in the Colonial Legislature, as
sufficient, and the only safe repositories OF the tax
| ing power. So difficult was it, nevertheless, to
maintain the distinction i'll practice, that the ingre-
dent Of revenue was occasionally overlooked OF
disregarded 10 the British regulations as IN the du-
ty on sugar and moasses imported to the Colonies.
And it was fortunate that the attempt at an internal
and direct tax; in the case oil the Stamp Act, pro-
dnced radical examination of the subject before a
regulation oftrade with view to revenue had grown
into an established authority. One thing at least is
certain, that the main and admitted object OF the
Parliamentary regulations of trade with the Colo
MES, was the encouragement OF MANUFACTURERS IN
Great Britain.
But the present question is unconnected with the
former relations between Great Britain and her col
unles, which were OF "A pecular,a complicated and.
III several respects, of an underlined character. us
simple question under the Constitution OF the Uni-
ted States whether the power to regulate trade
with foreign naons'' a distinct and substantive
item in the enumerated powers embraces the object
of encouraging by duties, restrictions and prohbi-
tons, the manufactures and products OF the coun-
TRY And the affirmative must be inferred from the
following considerations.
/. The meaning OF The phrase 'to regulate trade"
must be sought in the general use OF 1t +; IN other
words in the objects to which the power was gen
orally understood to be applicable, when the phrase
was inserted in the Constitution.
9. The power has been understood and used by
. all commercial and manufacturing nations, as embra-
cling the object OF encouraging manufactures. II Is
!, believed that not single exception can be named
8. This has been particularly the case with
\ Great Britain, whose Commercial vocabulary is the
parent Of ours A primary object of her CONNER
# cial regulations Is well known to have been The pro-
# lection and encouragement of her manufactures.
l. A. Such was understood to be proper use OF the
n power by the States most prepared for manufacture
J., ing industry whilst retaining the power over the tor
n egn trade.
i; s. Such use Of the power, by Congress, accerd'
with the intention and expectation OF the States, II
g transferring the power tra'.e from themselves
to the Government Of the United States. This
. was emphatcaliy the case in the Eastern, the more
!. ma aufacturing Members Of the Contederacy. Flea
the language held in the Convention of Massachus
x etts.
al By Mr.. Dawes, an advocate for the constitution
it was observed, Our manufactures are an0the
great object which has received no encouragement
by national duties on foreign manufactures, an
n they never by any authority in the old Confed
OF eration.'' Again, if wish to encourage on
OF oUn manufactures, to preserve our own commerce
he to raise the value of own lands we must CIV
d, Congress the powers in question y
y. By Mr.. Widgery. an opponent. SAN we hear is
IN that the merchant and farmer will flourish, an
49, that the mechanic and tradesman are to make the
s. fortunes directly, if the Constitution goes down
tn The Convention of Massachusetts was the Onl
ct one in New England whose debates have been pre-
| served But it cannot be doubted that the sent
MS ment there expressed common to the other state
in that quarter, more especially to Connecticut an
y, Rhode islaud the most thickiy peopled OF all til
$, states, and having. Of course, their thoughts mos
)" turned to the subject OF manufactures. like IN
K ference may be confidently applied to New Jersey
as whose debates in convention have not been preserv
tie ed In the populOus and manufacturing state Q
x PENNSYLVANIA, partial account only of the debate
es having been published, nothing certain is known
in what passed in her convention on this point Blu
nd ample evidence may be found elsewhere that regu
es ations of trade, for the encouragement of manuiac
to lures were considered as within the power to b
ng granted to the new Congress- as we'll as within tn
i'd scope of the national policy. Of the states soul