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

cation that either OF the Two states IarteSt SCUM,
whose debates in convention. if preserved have not
been made public, viewed the encouragement Of
manufactures, as not within the general power over
trade to be transferred to the government of the Uni
ted States.
6. If Congress have not the power, it is annihla-
ted for the nation policy without example In any
other nation, and not within the reason OF the so-
tary one in our OwD The example alluded to. IS
the prohibition Of tax on exports, which resulted
from the apparent mpossibility Of raising, in that
mode, revenue from the states, proportioned to
the ability TO pay 1.-THE ability Of some being de-
rived in great measure, not from their exports. but
from their fisheries. from their freights, and from
commerce at large, in some OF its branches altOgeh-
err external to the United States the profits from
all which, being invisible and intangible, would es-
cape a tax, on exports. tax on imports on the
other hand, being tax on consumption, which is IN
proportion to the ability of the consumers, whence
soever derived, was free from that inequality.
:. IF revenue be the sole object of legitimate
impost and the encouragement OF domestic articles
be not within the power of regulating trade, 1T would
follow that no monopolizing unequal regulations
of foreign nations could be counteracted that nei-
Their the staple articles Of subsistence, the essen
tial implements for the public safety, could, under
any circumstances, be insured or fOstercd at home,
/ by regulations of commerce, the usual and most
convenient mode of providing for both and that
the American nav gaton, though the source OF naval
defence, of Cheapcning competition IN carrying
our valuable and bulky articles TO market, and OF
an independent carriage Of them during foreign wars
when a foreign navigation might be Withdrawn,
must be at once abandoned. or speedily destroyed
it being evident that tonnage duty in foreign ports
against our vessels, and an exemption from such
duty in our ports, in favor of foreign vessels, must
have the inevitable effect of banishing from the
ocean.
10 assume power to protect our navigation, and
the cultivation and fabrication of all articles requisite
for the public safety, as incident to the war power,
| would be more latitudinary construction Of the
text of the constitution, than to consider it embra-
ced by the specified power to regulate trade pow
err which has been exercised by all nations for those
purposes, and which effects those purposes with
less of interference with the authority and convent
encc Of the states, than might result from internal
and direct modes of encouraging the articles, any
of which modes would be authorized, as far as Deem
ed g necessary and proper" by considering the
power as an incidental power
i /. That the encouragement of manufactures was
an object OF the power to regulate trade, is proved
by the use made of the power for that object, in the
first session of the First Congress under the Const
tuition when among the members OF the Federal
Convention which framed the Constitution, and Of
the state Conventions which ratified each of these
classes consisting Of members who had opposed and
who had espoased the Constitution in its actual form.
1t does not appear from the printed proceedings Of
ed by any of them. And it may be remarked, that
Members from Virginia, in particular, as well Of the
anti-federal the federal party, the names then dis
lingushng those who had opposed and those who
had approved the Constitution, did not hesitate to
propose duties, and to suggest even prohibitions in
favor of several articles of her production. BY one
duty was proposed mineral coal, in favor OF the
Virginia coal pits by another, duty on hemp was
proposed, to encourage the growth of that article,
and by third, prohibition even of foreign beef
$ was suggested, as measure OF sound policy. See
$ Lloyd's Debate
e further evidence in support of the constitutions
al mower to protect and foster manufactures by reg
j. uaons trade, evidence that ought, of itself, to
settle the question, is the uniform and practical
l. ton given the power by the General Government,
II for nearly forty years with concurrence Or ac-
IT quiescence of every State Government, throughout
q the same period and, it may be added, through all
l. the vcissitudes of party which marked the period
No novel construction, however ingeni0usy devised
e, or however respectable and patriotic its patrons eau
withstand the weight of such authorities, or the UNI
broken current of SO prolonged and universal prac.
5, ce. And well it is that this cannot be done, with
d out the intervention of the same authority which
ir made the Constitution fit could be done there
. would be an end to that stability in Government,
and in Laws, which is essential to good government
and good laws, stability, the of which is the
i imputaon which has at all times been levelled
IS against Republicanisn, with effect, by its most
d dexterous atlversaries. The nputaton ought new.
e or, therefore. to be counenanced by innovang
1t structons without any plea Of precipltancy, or
pauci,y of the constructive presidents they oppose.
:, without any appeal to material facts newly brought
,. TO light aud without any claim to better knowI-
If edge of the original evils and Inconvenience, for
IS which remedies were needed, the very best keys to
If the true object and meaning Of all laws and consttu
1t tons.
And may it not fairly be left to the unbiased udg-
: ment Of all men of experience and of intelligence.
e to decide, which is most be relied on for sound
aud safe test Of the meaning of constitution, uni
form Interpretation by all the successive authorities
Il ilr birth md