Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-02-26
Congressional
February 10, 1929.
IN SENATE.
SOUTH CAROLINA pROTESr


! IN SENATE
! SOUTH CAROLINA PROTEST.
blr. Smith Of South Carolina, presented the fol.
lowing Protest OF the State of S. Carolina az ainst
the system OF duties lately established by the CO.
vernment OF the United States:
The Senate and House of Represe natives Of
SCUM carolina, now met and sitting in General
mby-through the honorable William Smith,
and the honorable Robert Y. Hayne, their repre-
! senta,ives in the Senate OF the United States do
IN the name and on behalf Of the good peo-
rtpie oil the said Commonwealth, solemnly pro-
test against the system of protecting duties lately
dopted by the Federal Government, for the follow
ing reasons:-
1. Because the good people of this Common
wealth. believe that the powers Of Congress
delegated 10 1t i'll trust for the accomplishment Of
certain specified objects, which limit aud control
| them, and that every exercise OF them fur any O.
Their purposes, Is violation of the constitution as
understandable as the undisg uised assumption OF
substantive and independent powers not granted or
expressy withheld.
z Because the power TO lay duties on imports
its and'ini its very nature can be, only means of
eiiecng the objects specified by the constitution;
since no Tree government, and least Of all a go
vernment OF enumerated powers, can Of right
impose any tax (any more than a penaltyD which
IS not at once justified by public necessity, and
clearly within the scope and purview Of the social
| compact, and since the right Of combining APP
preparations OF the public money 20 such iegiti-
the liberties OF the people, as their unquestion-
able privilege TO be taxed only by their own con-
sent
3. Because they believe that the Tariff Law
passed by Congress at its last session, and all o.
Their acts of which the principal object is the pro-
lection OF manufactures, or any other branch OF
domestic indusry-if they be considered as the
exercise OF supposed power in Congress, TO rax
the p. opie at its own good will and pleasure, and
TO apply the money raised TO objects not specified
in the constitutions violation of these funda-
mental principles, a breach OF well defined trust
and perversion OF the high pow ers vested in the
federal government for federal purposes only.
Because such acts, considered in the light of
a regulation oil commerce, are equally Liable 10 OBJ
iJection-snce atbough tie power TO regulate
lcommerce,smay like other powers, be exercised 20
as to protect domestic manufactures, yet is clear
iy distinguished from power 10 do 60 ROmiIie,
both IN The nature OF the thing and in the com
mon accepiation of the terms; and because the
confosnding OF them would lead to the most extra
VACANT results, since the encouragement OF domes-
tic industry implies absolute control over all the
interests, resources and pursuits of people, and is
inconsistent with the idea of any oth,- than sim
Pile consolidated government.
D. Because, from the contemporaneous EXPOSE
ton OF the constitution, in the numbers ofthe Fed
eralis, (Which is cited only because the supreme
court has recognized It's authority il is clear that
the power to regulate commerce was considered
by the convention as only incidentally come cted
with the encouragemeniof agriculture and manu-
features; and because the power Of laying imposts
I and duties Imports was not understood TO iusti-
fy in any case prohibition of foreign commodities
except as means Of extending commerce by co
ercing foreign nations to fair reciprocity in their
intercourse with us, or for some other bona fd,.
commercial purpose.
\ 6 Because whilst the POWER 10 nrotect manu-
features is no where expressly granted to Con-
gress, nor can be considered as necessary and
proper TO carry into effect any specified power, il
seems TO be expressly reserved TO the states by
H. ~ a..
tuition.
Z. Because even admitting Congress to have a
constitutional right TO protect manufactures by
the imposition OF duties, or by regulations Of com
merce, designed principally for that purpose, yet
tariff Of which the operation is grossly UNEQUAL
and oppressive, is such an abuse Of power, as is
incompatible with the principles of free govern
ment and the great ends OF civil society, Justice
and equality OF rights and protection.
g. Finally, because South Ca DINA from her eli
mate, situation, and peculiar institutions, is and
must ever continue to be, wholly dependent upon
agriculture and commerce, not only for :,er pros
perity, but for her very existence State-be-
cause the valuable products of her soil-the bles.
sings by which Divine Providence seems TO have
designed to compensate for the great disadva nages
under which she suffers in othe; respects-ase a.
mong the very few that Can he guilty ated 18th spy
profit by slave labor-and il by the loss of her TO-
D reign commerce, these products should be confin-
ed TO inadequate market, the fate OF this fertile
citizens in despair. would emigrate to more iortu.
nate regions, and the whole frame AMI constitution
OF her civil poty be impaired aud deranged if not
dissolved entirely.
Deeply impressed with these considerations
the Representatives Of the good people of this
Commonwealth, anxiously desiring to live in pc ace
with their ellow-ciizens, and to 10 all that in them
lies iopreserve and perpetuate the union of the
! states and the liberties Of which it is the ssres
pledge-but feeling il to be their bounden duty "a
, expose and TO resist all encroachnents upon the
true spirit OF the Constitution, lest an apparent ac-
!, quiesceDce in the system Of protecting duties
should be drawn into precedent, do in the name oil
the Commonwealth Of South Carolina, claim 10
enter upon the journals of the Senate their protest
against it, as unconstitutional, oppressive and un-
just
HENRY IDEAS,
President Of the Senate
u BENZ FANEUIL DANKIE
i Speaker of the House OF Representatives
u s. STEPHEN ID. MILLER
Mr.. Smith said, the Legislature of the State oil
South Carolina, one of the primitive States of tbi,
Union, had imposed upon his colleague and him.
sell, whose immediate representatives they were
the duty Of presenting TO the Senate Of the
United States, in the name and on behal
Of the good people of that Commonwealth
their solemn protest against the system o.