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


powerfu eluquence or captivating address o. lew
,vouIar statesmen themselves perhaps, ihhueheeu G.
H. In, came misleading causess IL the latter Jest
is TO prevail, every new legislative op.i'o" ~.
make a new CONSTITUTIONS as the fuot OF every he" Y
Chanceilor would make q new standard ol measure |
II e seen with no lutte surprise, that an aueihpt
has heen nade in higtly respectable quarter, ana
~ lengtl, reduced to resolution, formally propos
cd n Congress to substitute, fol the power OF Con- c
eress to egaate trade SO as TO encourage nahuiae
tures power in the several states to do SO, WIN
the consent of that body and thus eXpedient IS ae
rived from clause in the tenth section ., "'teie
6r.t of the constitution, winch says: No stale {
shal without the consent oil Congress, lay any nm
nosts or duties on imports or exports, except "hal
NAV be absolutely necessary for executing It's IN
suaction laws and the net produce OF AL duues,
and inposts, LAID by any state on imports ana exports
shall he for the use of the treasury OF the United
States-and all such laws shall be subject 10 Inc
revision and control OF the Congress
To saw nothing Of the clear indications in the
Journa! Of the Convention OF 1887 that the clause
was intended merely to provide for expenses incur
ed by particular states, in their inspection laws, and
in such improve nens they might choose TO make
in their harbours and rivers with the sanction Of
Congress objects to winch the reserved power
has been applied, in several instances, at the re-
quest Of Virginia and Geor5la-how could II ever
be ina sined that any state would wish to tax Its
if possessed Of the authority, OF COULD IN iact DO
so, If wishing 1t
A tax on imports would be a tax on IFS own con-
sumption and the net proceeds gong according 10
the clause not its treasury, but INTO lhat OF
the t. s. the would tax itself separately Tor the
equal gain of all the other states, and as lar as
the manufactures so encouraged, might succeed IN
ultimately increasing the stock IN market, and low
ering the Price by competition, tins advantage, al
go procured at The sole expense OF the state, would
be common to all the others.
But the very suggestion Of such an eypedent te
any state would have air OF mockery, whenlis er
perienced impracucabillty Is taken into view. nc
one VINO recoects or recurs TO the periot Whet
the power over commerce was Ill the individual
states and separate attempts were made to tax, OF
otherwise regulate it, need be told that the attempts
were not only aborve, but, by demonstrating the
necessity of general and uniform regulations, gave
the original Impulse to the constitutional reform
which provided for such regulations
To refer state, therefore, to the exercise o.
power as reserved her by the Constitution, the
imposslbility of exercising which was an nducemen
TO ADOPTING Constitution, is, OF all remedial devices
the last that ongnt to be brought forward. Ant
what renders it the more extraordinary, is, that, a
the tax on commerce. as far it could be separate
ly collected, instead OF belonging to the treasury
the State, as previous TO the Constitution would b.
tribute to the United States, the State would b
in worse condition. after the adoption OF the Con
stitution, than before, ia reference to lmportar
interest," the Improvement of which was particu
lar object in adopting the Constitution.
Were Congress to make the proposed declara
ton of consent to state tariffs in favor oil State MAJ
ufactures, what would be the situation OF States de
irving their foreign supplies through the ports
other States 1t is evident that they might be con
PEELED TO pay, in their consumption of particular a
tcles, imported, a tax for the common treasury, N
common to all the States, without having any mai
utacture or product Of their uwn to partake OF II
contemplated benefit.
Of the impracticabty Of separate regulations
trade and the resulting necessity, OF Gel
eral regulations, no State was more sensible tia
Virginia. She accordingly the most earnc
for granting to Congress power adequate to tt
object. On more occasions than one in the proceed
ings of her Legislative councils it was reclte
9 that the relative situation OF the States had bee
found. on trial, to require uniformity 10 their con
inercia relations as the only efecual policy for o
tanning in the ports OF foreign nations OF privilege
reciprocal to those enjoyed by the subject of SUI
nations in the ports of the United States for pr
venting animosities which cannot fail to arise amor
the several States from the interference OF partl
and separate regulations f: and from deriving fro
commerce such aids to the public revenue
ought to contribute, &c.
During the delays and acknowledgements experien
ed in the attempts to invest Congress with the n
cessary powers, the State Of Virginia made vario
trials of what could be done by her individual law
She ventured on duties and imposts as source
revenue Resolutions were passed at one time
encourage and protect her own navigation and sh
building and in consequence of complaints al
petitions from Norfolk, Alexandria, and 9th
places. against the monopoIzing navigation laws
Great Britain, particularly in the trade bet,seen
United States md The British West Mdies she d
liberated, with purpose Centralized only by the j
efficacy OF separate measures. on the experiment
forcing reciprocity by prohbitory regulations
her own. See Journal of the House of Delegat
in 1881
The effect of her seIlarate attcnnts to raise rev