Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1828-12-29
LETTER T.

NosTEPELRR, September 49, 1926.
DEAR DIR; Your late letter reminds me of our
conversation on the consutionalty of the power in
Congress to impose tariff for the encoura nj
uanuiactures; end OF my promise to sketch the
grounds OF the confident opinion had expressed that
II was among the powers vested in that BODY had
not forgotten my promise, and had even beoun the
TASK OF Iuinfng IT, but frequent Interruptions from
other causes; beng followed by bilious indisposton
have not been able sooner to comply with vonr re
quest. The subioincd view of the subject mich,
nave been advantagcoHsly expanded but leave t6at
Improvement 10 your own reflection and researches
he CONSTITUTION vests IN Congress, expressly "the
power to hay and collect taxes Duties imposts and
That the former power. f 5 SSF IA trade
seo would have been included in the latter ne ono ~
the objects of general power to regulate trade s
not necessarily mprgned by IFS being SO Expressed
Examples OF this sort cannot sometimes he easily
avoided, and are to be elsewhere in the Consfi
tuition. 1 nus tho. power '.to define and pun;sb of
fences against the law of nations" includes tho ,,
e., afterwards particularly expressed ssto Inake
rules Concerning captures, &c. from ofendinn non
irals. 30 aso power Ito coin money! would
lncludethat oi"reguiatng IFS value had not
me lattcr power been expressly inserted. The term
llxes,h standing alone would certainly have nclnfcd
duties, mPosts ard excuses. In another claus :, l.
SAID, no tax or duties shall be laid on exports S ,,
mere the Two terms are used rs synonymous And
IN another clause, where 1t said mo State shnll Law
posts or dutes, &C." the terms mposts and duties 70
synonymous. PleonasIns, tautolooes and the n-oro,
cous use OF terms and phrases differing in their shades
Of meaning, (awaysto be expounded with refercnc =,
the context and under the control of the Oh
acter and manifest scope Of the inst rtnent IN ,yLi
they arc fonnd) arc to be ascrbcd son,otr,cs e. .L
purpose OF greater CANTON; sometimes TO tho
iectlons OF language, and sometimes to The nnerCsc
tion OF man himself In this view of tho subject II
was quite natural however certainly the general DO W,
CT 10 regulate trade might include power TO ir5noso
duties on 1t, not to omit IL in clause enunorat;r e.
several MODES OF revenue, authorised by the Conet;
tutlon In few cases could tle sex mgiori cau,olan
occur with more claim to respect.
Nor can 1t be inferred, that a power IN roorIo+.,
trade does not involve power 10 Tux H. from tho
distinction made IN the original controvcrsv ,v, h
Oreat Britain, between power 10 re1ulatc trade
WIN the Colonies. and power 70 Tux them a no,v-
Ut 10 regulate trade between different parts oftlc En-
pre- was cDnieseedy neressnJJ; and was admitted a.
lic rs f'r tint was the case in the Brjtigh porli
HeiI ~" t1Sng part being at the same time 6aned
inc laT1ment, and asserted to be necessarily IN,
hcrcnt IN the Colonial Legislatures as sufficient and
lc ol,y sate repositories OF the taxing power SO
oltncnu was y. ncyerthcrri, 10 maintain the ds,i,
ton IN practice chat the ingredient Of revenue ,vs.
OCCASIONALLY overlooked disrcgarded in the British
regulations, as in the duty on srrar and nonsscs in,
ported into The Colonies And il was fortunate tI,,t
INC attempt az internal and direct tax in fbc cos
OIL the stamp Act, produced radical examination ,f
me subject before regulation OF trade with Wow
70 revenue had grown into established aufhorit,.
One thing at lca5t - certain that the main and admit
yea obect OF the Parliamentary regulations of trodo
WIN the Colonies, w9s The encouragement Of Baonfqc
tErfs ia Great Britain. -
B2t thn present question is unconncctcd with the
former rclations between Great Britain and her colo.
Hics. which were VI peculiar complicated. and in
several respects. Of an undcined character. II e
SIMPLE question under the Constitution the IJ7itoJ
States whether chs power 10 regulate tradc Win
ircgn nations as distinct und Substantive tom 4,
TIE onune-atcd powers "Tn1racesth c obe of cncor
fgng by dpcs restrictions and prohibitions the man
vi 'clrcs aud Prodrcts ofthe country And the ~
tentative must be inferred from The following con;.d-
cfii,ns
\ Ale reeaiag Of fIe pi -asc 'to regulate trade -
iau be soa9 10 ne gcneral use ofit in other words
"a ~ oboc,s to which the rowcr was generally un
dcrstood 10 'c applicable. whom me phrase was 1ser,
ted h &c Conr,ifu;ion.
2. The power has bccn u-doIs-ooi and used BY al
Smmcreiel and manufacturing nations, as embracing