Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1828-12-25
MR. MADISON ON THE TARIFF.
LETTER I.
MoNrFpELEER, Sep,embe


Of manufactures; and OF my pro-
mise 10 sketch the grounds OF the confident O.
pinion had expressed, that lit was among the
mowers vested in that tody. had not forgot
len nv promise, and had even begun the task
of fu! filling il; but frequent Interruptions from
other causes, being followed by bilious indls
posi,iun, have not been able sooner to COM
ply with your request. The subjoined view OF
the subject might have been advantageousy
expand d; but leave tina, impr ovemenl your
own reflections and researches.
The Constitution vests in Congress, express
IL etbe power to lay and collect taxes, duties,
im2osls, and excuses" and "the power TO regu-
lale trade"
That The former power, il not particularly
expressed, would have been included In the lat
ter as one of the objects Of general power to
reguae trade; is not necessarily impugned by
It's bring so expire seG. Examples OF this sort
cannot sometimes be EASILY d, and are 10
be seen elsewhere in the Constitution. nus
the power"to define and punish Offences against
the law Of naions," includes The power, alter
wards particularly expressed, VITO make rules
concerning captures, SC. from OF nding neu.
trails" $50 also a power ito coin MONEY
would doubtless include that OF "regulaling lis
value" had not the latter power been express
ly inserted. The term taxes, it standing alone,
would certainly have ucluced duties, im2osls,
and excises. La another clause il is said; "no
lax or duties shall be laid on exports, &C.
Here the two terms are used as Synonymous
And in another clause where il is said no State
shall lay any imposts, or duties, &c the terms
imposts and duties are Synonymous Pleon>
asms, ,autologies, and the promiscuous use OF
terms and phrases, differing in their shades OF
meanirg (always To be OK pounded with refer
ence TO the context and under the control oithe
general character and manifest scope Of tie in
slrumenl in which they are found are 10 be as.
cribed, sometimes TO the purpose nt greater
caution; sometime o he imperiections Of lam
guage &some times 10 the imperiection OF man
hImsrf. In this view Of the subject il was
quite natural, however certainly the general
power 10 regulole trade might include power
TO impose duties on II, not 10 omit II IN clause
the several modes Of revenue, au
thorised by The Constitution. In few cases
could the "ex jori cau.ela" occur with more
claim to respect.
Nor can II be inf rred; that power to regu'
la'e trade does not envolve a power 10 tax 1t.
from, the distinction made in the original con-
with Grea, Britain, between power
to regulate trade with the Colonies, and pow
er to tax them \ power 10 regulate trade be-
tween different parts Of the Empire, was con-
f. s,ediy necessary; and was admitted 10 lie, as
far as that was the case, in he British Parlia-
menl; The taxing par, being a. the same time
De MED 10 The Parliament, and Asserted ~ be ne
cessariiy Inherent in the Colonial Legislatures
as suflic lent, and the only safe repositories OF
the taxing power. SO difficult was il, neverthe-
less, TO MAINTAIN the distinction in prac tice, that
the ingredient Of enue wa, occasionally ov-
-rlooked OF disregarded in the British regu,a-
lions, as IN the duty on sugar and molasses i'm
ported into the Colonies. And II was for'u-
nate tha, the a,tem. at an in'ernSl and direct
AK, in tie case of the Stamp Act, produced a
ac.ical examination Of the subec, before re-
sulatlon of !rade with view 10 revenue had
grown into an established au hority. One hing
At least is certain, that the main and Admitted
object Of the Parliamentary regulations OF trade
with the Colonies, was the encouragement Of
& ,nufactures in Grea, Britain
But the present question is uucoDnected with |
he former relations between Great B itain and !
,er colonies, which we're Of peculiar, com
,lica,ed, and in several respects, OF All undefn-
d cha,ac Il is simple quo stion uufer tie
institution of the United States. "he her sine
power 10 regulate trade with foreign naIiuns"
IS a distinCt and substan; atiVe i'cn III nc enu>
neratrd powers embraces the OBJECT OF encour-
ging by duties, restrictions and prohibitions,
re manufactures and products oil the country?
nd the affirmative must be Inferred from the
GLOWING considerations
|. Tht mcanlng Of the phrase "to regulate
rade, mast be sought in the general use Of IL;
n other words, in tn objects which the pow
= was generally und"tsood to be- applicable
hen the phrase was inserted in The Consttu-
ion.
2. The power has been understood and used
y Ill commercial and manufacturing nations,
s embracing hr object of encouraging manu-
ictUres. L. is believed mat not single excep
on can be named
5. This has beer particularly the case with
treat Britain, whose commercial vocabulary (
the paren OF outs. A primary object of her
regulations is well known TO have
cen the protection and encouragement Of her
anufaciures.
4. Such was understood 10 be proper use
tine power by The S ates most prepared for
industry, whist retaining the
over over their foreign trade.
S. Such a use OF ,hc power, BY Congress, i,