Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1828-12-27


cd Dy The use made Of the power for that object
IN the first session Of the First Congress under the
constitutions. when among the members present
were SO many who had been members of the Fed.
erai convention which framed the Constitution
anu oil The State Conventions which ratified il;
each oil these classes consisting also of members
who had opposed and who had espoused, the Con-
sututionini ITS actual form. II does not appear from
the printed proceedings of Congress on that occa-
sion' that the power was denied by any of them.
And 1t may be remarked, that members from vr.
gnia, in particular, well of the anti federal as
me federal party the names then distinguishing
nose VINO had opposed and those who had approv-
ed the Constitution, did not hesitate to propose du
Ties anu TO suggest even prohibitions i'm favor of
several articles of her production. BY one duty
was proposed on mineral coal, in favor of the Vr-
gina coal pits; by another, duty on hemp az
proposed, to encourage the growth of that article;
ana by I'd, prohibition even OF foreign beef was
suggested, as measure of sound policy. GSec
Lloyd's Debates
further evidence in support of the consttu
uonai power to protect and foster manufactures by
regulations oil trade, an evidence that on nht of
ITSELF To settle tie question, is the uniform and
praeu NC sanction given to the power, by the Gen.
erai government, for nearly 40 years; with con-
currence or acquiescence Of every State Govern.
ment, throughout the same period; and it NAV be
| aadeu' thro all the vicisstudes of party which
marked Inc period. No novel construction, how
ever inSenously devised, or however respeci able
anu patriotic its patrons, Withstand the weight
Oh such authorities, the unbroken current of so
prolonged and universal a practice And well il
Is mat TINS cannot be done, witbo the interven-
ton OF the same authority which made the Con-
sututon. III ii could be so done, there would bc
an end to that stability in Government and in Laws
| "hichis essential TO good government and good
| ia"s' stabiiity, The want Of which is the mputa-
uon winch has at all times been levelled against,
hepublcanism, with most effect, by its most dex-
Tous adversaries. The imputation ought never,
| therefore, to be countenanced, by nnovatng con-
| s'rucuons, without any plea Of precipitancy, or
n hn rnn cts
pose; without any appeal to material facts newly
brought TO light; and without any claim to bet
Ter knowledge OF the original evils and inconyeni-
ences, Tor which remedies were needed, the very
pest Keys to the true object and meaning of
| all laws and constitutions
And may 1t not be fairly left TO the unbiased
judgment OF all men of experience and of intelIi.
gence, to decide, which is most TO be relied on for
asound and safe test of the meaning of a Cons,i.
tuition, uniform Interpretation by all the success
siVe authorities under it, commencing with its
birth, and continued for long period through the
varied state oil political contests; or the opinion of
every new Legislature, heated as il NAV be by the
strife oil parties-or warped, often happens, by
the eager pursuit OF some favorite object-or car
RED away, possibly, by the powerful eloquence or
captivating address of few popular statesmen
themselves, perhaps, influenced by the same mis-
leading causes? II the latter test is TO prevail ev
cry new legislative opinion might make new
constitution, as the foot OF every new Chancellor
would make new standard of measure
m.
has been made, lin highly respectable quarter. and
al length reduced TO a resolution, formally PROBES
| eu IN Congress, TO substitute, for the power M
congress 10 regulate trade to encourage man.
uiactures, power in the several States TO do 50
WIN the consent of that body; and this expelienf
is derived from clause in the tenth section of ar
ticie first OF the Constitution, which saws: {" No
state SHALL without the consent of Congress. Law
any nPos's OF auues on imports or exports, excep,
what may be absolutely necessary for executing
us Inspection laws; and the net produce of all du
ties, and mposts, laid by any State on imports and
exports shall be for the Of the Treasury of the
- ,he oaa;es' and all such laws shall be subject
| 10 lhe revision and control of the Congress,
To say nothing of the clear indications in the
journal oil the Convention OF 1887 that the clause
was intended merely TO provide for expenses in
.uIreo by particular States, in their Inspection
laws, and In such improve ments as thew MIGHT
choose TO make in their harbors and rivers with
the sanction OF Congress-obiects to which the re-
served power has been applied, in several instan
ces, at The request OF Virginia and Georgia-how
couio II ever be imagined that any State would
wish TO tax its own trade for the encouragement
Oh manufactures, II possessed of the authority or
could, in fact, do SO, ifwishing it?
tax on imports would be tax on its own cop
sumption; and the net proceeds going, accordiue
TO the clause, not into its Treasury, but into
| the treasury OF the United States the State would
tax itself separately for the equal gain of all the
| other states; and as Tar as the manufactures, so
encouraged, might succeed in ultimately increas-
ing the stock in market,and lowering the price bv
competition, this advantage, also, procured At
| The sole expense OF the State, would be common
| TO all the others
! But the very suggestion of such an expedien,
10 any State, would have an air of inockerv when
It's experienced mpracticability is taken into view
mo one, who recollects recurs 10 the period
when the power over commerce was in the indi-
siuua' states ana separate attempts were made
70 iax or otherwise regulate 1t, need be told that
the attempts were not only abortive, but by de-
inonsTating the necessity of general and uniform
regulations, gave the original impulse to the con-
stltutional reform which provided for such regu-
IatiOns.
To refer Sta e, therefore, to the exercise of q
power, as reserved TO her by the Constitution,
the mPossbility of exercising which was an in.
ducement TO adopt the Constitution is of all re- |
medal devices, the last that ought to be brought
forward. And what renders it the more extraor |
binary, Is, that, as the tax on commerce, as far
as IT could be separately collected instead of be |
longing TO the Treasury of the State az nrev;ous y,
the constitution, would be tribute 10 the United |
States The State would be in worse condition |
alter the adoption Of the Constitution than before
In reference to an important interest, the i'm
dopting the Constitution
were Congress TO make the proposed decIara. |
l0n oil consent to state tariffs iu favor of State
ufacttres, and The permitted ATTEMPTS did no, do
ieat themselves, what would be the situation of |
states deriving their foreign supplies through the
ports OF DINER States! IL is evident that the nob
he compelled to pay, in their consumption Of mar
ucular articles imported, tax for the com mon |
treasury, not common TO all the States withou, ]
having any manufacture or product OF their own.
10 partake OF the contemplated benefit
vi the impracticabiIity of separate reguIatio,s
oil trade, and the resulting neccssitv 81 csncrsI
regulations, no State was more sensible than viz
BWN' enc was accordingly among the most !
cafneat tor GrahhDs 10 Congress a power adeouate
20 .ile o2Ject On more occasions than one in the