Lancaster gazette. [volume] (Lancaster, Mass.) 1828-1830, 1829-02-03

l-sf-i-r>'~A eilO PSiiou. mo novel construction
however ingeniously devised, or however
!, RESPECTABLE and patriotick its patrons, can
| withstand the weight Of such authorities
or ne unbroken current Of SO PROLONGED
and universal practice. And well i is
thal this cannot be done, without the in.
terention Of the same authority which
male the Constitution. lift could be 50
doIe, there would be an end to that sta
Mlty ofGoyernment, and in Laws, which
y ESSENTIAL to good government and GOOD
laws, stability the want Of which is the
imputatlon which has at all times been
i lleSelled against Republicanism, with mos,
etect, by its most dexterous adversaries.
/. The imputation ought never, therefore. ia
4 be eountenanced, by innovating construc.
tiass without any plea Of a .precipitancy
4 ora Paucity Of the constructive precedents
they oppose without any appeal to mate
trial facts newly brought 10 light; anc
without any claim to better knowledge
of the original evils and inconvenience
for which remedies were needed, the yer,
best keys to the true object and meaning
of all laws and constitutions.
/ And may it not be fairly left to the I'm.
biased judgment of all men of experience
and Of intelligence, to decide, which is
most to be relied on for sound and safe
test Of the meaning of Constitution. a
uniform Interpretation by all the success.
sive authorities under it, commencino
with its birth, andcontinued for lono
period through the varied state of politi.
cal contests; or the opinion Of every
new Legislature, heated as it may be by
: the strife Of parties-or warped, as often
happens, by the eager pursuit of some
fayourite object7-or carried away. posi-.
IDLY, by the powerful eloquence or captiya.
ting address ola few popular statesmen,
themselves, perhaps, influenced by the
same misleading causes? If the latter
testis to pretail, every new legislative
opinion might make new Constitution
as the foot ofeyery new Chancellor would
make new standard of measure.
1t is seen, with no little surprise, that
an attempt has been made, in highly
respectable quarter, and at length reduc-
ed to resolution, formerly proposed in
! Congress, to|substitute, for the power Of
Congress to regulate trade SO as to encour-
age manufactures, power in the several
States to do SO, with the consent of that
body and this expedient is derived from
a clause in the tenth section of article
( first Of the Constitution, which says :" Nc
isSiais Silalis without the consent of Con.
gress, lay any imposts or duties on i'm.
lports or exports, except what may be alb.
solutely necessary for executing its inspec.
ton laws and the net produce of al
duties, and imposts, laid by any State on
imports and exports, shall be for the use
of the Treasury Of the United States and
all such laws shall be subject to the revis
ion and control of the Congress-"
! To say nothing of the clear indication.
in the Journal of the Convention of 1857
that the clause was intended merely t
provide for expenses incurred by particu
lar States, in their Inspection laws, and ii
such improvements as they might choos,
to make in their harbours and rivers, will
the sanction Of Congress-obiects t,
which the reserved power has been appli
4 ed, in several instances, at the request o
Virginia and Georgia-how could it eve
be imagined that any State would wish t,
tax its own trade for the encouragement
Of manufactures, if possessed of the au
thority, or could, in fact, do so. if wishin.
] it?
A tax on imports would be tax on it
own consumption and the net proceed
going, according to the clause, not int
its own Treasury, but into the Treasur
Of the United States, the State would Ia
itself separately for the equal gain of al
the other States; and as far as the manu-
features, SO encouraged, might succeed il
ultimately increasing the stock in marke
and lowering the price by competition
this advantage, also, procured at the sol
expense Of the State, would be commo
to all the others.
/ But the very suggestions of such an ez
] pedient to any State, would have an al
of mockery, when its experienced in
practicability is taken into view. No on
who recollects or recurs to the perio
when the power over commerce was i
the individual States, and seperate a
tempts were made to tax, or otherwis
regulate it, need be told that the attempt
were not only abortive, but, by demoi
strating the necessity of general and un
form regulations, gave the original i'm
]pulse to the constitutional reform whic
provided for such regulations.
To refer State, therefore, to the ez
ercise of power, as reserved to her b
the Constitution, the impossibility of ea
ercising which was an inducement t
adopt the Constitution, is, of all remedis
devices, the last that ought to be brough
forward. And what renders it the NOR
extraordinary is, that, as the tax on con-
merce, as far as it could be separated
collected, instead of belonging to tn
of <bo Gto<o c.o,,,1u~ =