The Virginian. [volume] (Lynchburg [Va.]) 1822-1829, 1829-01-01
LETTER L


iposer in Congress 10 impose = iafiG for he en-
enlargement of manufa etres aad Of my pro-
niae 10 sketch the grounds ofthe confident opin.
ION had expressed, thai u was among she pow
era vested ~ that body. had not iorgoitsa IN y
promise, and had even begun the task Of fuih.-
ling II but frequent interruptions. from other
causes, being flowed by bilious indIsposiiIon,
| / have not heeD able sooner Ia CO nply with your
| request. The subjoinrd view Of the subject
might have been adyaniageonsly expanded but
! | leave that improvement TO your own reflec.
tons and researches
| The Constitution vests in Congress, expressly
/ " the power To lay aud collect taxes duties. i'm
! ao,ts and excuses : aud the power 10 regulate
ftrsde
Ybat the former power, II not particularly ~.
pressed, wo' Id have been included ~ the latter
| as ons ofihr objects OF general power to rrsu.
late trade is MOI necessarily impuened By ia be-
ing 20 ezpfessed Examples of this sort cannot
aomeiin,ts hc s.s.ily avo died. aud Rre to be SEEN
els. !. here ~ the Constitution. Thus the pnw6g
" In d,fne aud puA sh offences againt, The law
ri nations Includes The power afterwards par
ticulagl, expressed " 10 make rules concerning
caplures, s.. II IN onrahing n"ntras." Ss al.
80 a power 10 com motley would doubtless
include thaf 81 . regulating its value had not
the latter power hErn expressly inserted. The
term taAsk, II standing ai1pe, would certainly
have included duties nnposts, aud excuses. ia
anatb.r chse il is said "n0 tar or huiies shall
be laid on exports, &c Here the two terms
afe u,ed synonymous, And in another
CLAUSE where II IS sa Il " nc State shall lay any
lmpnsis NJ dutlrE, &c . The Terms iMpOTs and
dnt IS atc synont NOUS @f1eonnsms, tautoio-
gus. and the promiscuoas usc cf terms aud
phrases. differing in their shades of meaning
Il "A, h. En We ~ p
cnnicai aud under the control 81 the general
character aud manifest scope OF the instrument
IN which they ate lonnd) are TO LU ascribed,
sometimes 10 tie pun 1so Of greater caution
sometimes 10 tie impeTieetionL Of lang aaEr, and
sometimes Ia the ,ipp'riecion Of man himself.
In th,s view Of the subject, It was quite namrnl.
howcvef certainly thu general power to regulate
trade IN ehi inclnde power TO impose dut,rs
on n not to or,it II ~ a clause cuamerating
the .rsrral modes of revenue, authorised 10y
the Constitution. In few cases could tn " ca
m,iuIi cduleia' occur with more claim to res
peel
Nor can il be Inferred. tint power TO feRu-
late fradetoes not ievoye Il power To tax It,
! fruin the distinction msde IL the original ccnilo-
vpssy wnh treat Britain. bctwe,uA peWrr 10
regulate ttade with the Colonies, aud a power
IN t,s them A power 90 re- ulatc trade be-
/
srdly necessary, aud was admitted to lie, a, far
as that was the Gu ., IN the British Parliament ;
the taxing part bcing NJ the same ,We dsnied to
, the Parliament, ani asserted TO br necessarily
inherent IN the Colonial legislature, rs said
| citnt, aud .he only SAFE dcpo,ttOIies of the tax
! ing power. So diihculi was IT, nevertheless, 10
maintain tho Distinction Ia practice, that lsc IN
! grcdient OF revenue was occasionally overlooked
or dlsreg 10 the Brush regulations, as IN
the duty on sugar aud moldsseg imported into
the Colonies. And il was fortunate that the AT
tempt nj an internal aud direct tax. IN the case
of the stamp Act, produced "A radical eHamina-
ton of The subject before "A regulation OF trade
with view In revenue had ,.IovN into an eita-
hlilhed authority. One thing AZ least is certain
that the man and admitted object OF the parlia-
mentary regulations Of trRde w,th the Colonies.
was the encouragement Of mdGgjdc!TGs in Great
| Britain
But the present question is unconnecicd with
the foruer relations between Great Britain and
hon colonies, which wee of peculiar, II compl'-
csie,i, aud, IN several respects, 81 an undchncd
character. IL Is n simple question under thr
Constitution OF the United States, whether " ths
power TO regulate trade with foreign nations a.
distinct and substantive item in the enuIsera
ted powers embraces the oblect Of encouraging
by duties, restrictions and prohibitions, ihe man
nfaclnrcs and products OF the country Anf
the affirmative must be inferred from Ghe follow
in. considerations
, ! The meaning of the phrase TO regulate
trade must be sought in the General use OF 1t
: In other words, in the objects TO which tn
: power generally understood to be applIcr
I BILE. when the phrase was inserted ~ the Consi
i tuition.
. The power las been understood and use
+ by all commercial aud manufacturing cations