Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-01-27

was intended 10 detraet one atom Of jurisdiction
from the legislatures OF the territories for dipos
ing OF the subject, when brought within their
limits. IL was because Congress possessed a revi-
s,ondry power over all laws passed by the terrific
rial legislatures. benr, they became valid and
operative; and Congress was not disposed to give
up ITS rightui control over the law passed by the
territorial legislatures upon this subject, any more
than upon any other subject This still farther
shows the great circumspection and care obser, ed
in selecting the app sopriste PHI aseoiogy for
carrying into effect the great principles and OBJECT.
OF the provision. both Of the 4th aud 9th sections
) his law comp eteiy settles, and was INTENDED to
! settle, the relative jurisdiction Of the General
and Stae Governments over commercial sub
lJects. when br>uga. within the limits OF tn.
several States, under the regulation of commerce
oy the " B 1t would naturally be expected, that
TINS delibrrat7, solemn. and unanimous legislative
| Interpretation OF the Constitution, would be con-
sdered BY all intelligent impartial men, as final
and irrcyocabi settlement Of this great principles;
because, The dect-ion was attended with cir
cuuis'ance, which could give authority to piece
dent.-lt was made without any extrinsic influence
Whatever; but solely in philosophical spiI il Of en-
quiry after truth. IL made i'm the absence
oil all party feelings; and Of a't other undue bias
whatever. Ii was brought singly before Congress.
Tor adjudication-lt was most ably debated long s.
profoundly considered; and finally unanimously
approved. The great principle thus settled,
was the following That the right of Congress to
regulate external commerce, was consuu,mate
| whenever the subjects of that commerce were
brought within the iimit- Of the respective States
ana IerrtorleS; and that the right of regulation
Afterwards, belonged exclusively to the leg sla-
ture- OF the States and Territories respectively:
ih,s decision being admitted TO be in conformity
win the Constitution snd laws of the land, conclu-
! siveiy admits TO the legislatures OF the respec-
ave States and Territories, the right of such
legislatures TO impose taxes at their pleasure
upon all commercial subjects, the moment they
are brought within their limits respectively
ihese SUBJECTS being exclusively, from ma, mo
ment, SUBJECT to their respective Jurisdictions.
The only enquiries to be made, conclusiveIy aud
irrevocaoy to settle this point, are what is the lie
gitimate foundation of the right of all governm. Mt
TO impose taxes! The only answer that can be
made Is, the obligation of every government 10
project all persons and things within its limits; and
In IN; case IN question, upon what government j.
'his obligation imposed! The General or rrspe.-
i've State Governments! Upon this question there
cannot be difference of opinion; because, i, de.
pend upon matte, OF face, and not of opinion.
IT, an unquestionable fact. that all persons aud
minss within the limits of any particular State are
under the protection of the government of such
State Hence, the right TO tax is as UNIQUE stiona-
me- as he duty to protect-the duty of protection,
oeing the only legitimate foundation of the rig ht
OF taxation The fact of the jurisdiction of The
| stale Governments, over the persons and things
within lis limits, admits of no denial.
II wiz be conclusively by an enquiry in o
the jurisdiction bale of goods when h, ought
WITHIN ia init Of Slate, un!er The guIati0n
oil ihe government of the u. S.-Suppose il stolen
what tribunal l. cansttutionaly authorized to at.
lord redress Tor the WRONG committed? The State
Courts, most unquestionably. Suppose the owner
murdered, what tribunal is authorized to punish
the murderer? The State Courts.-The States
men, IRE bound TO project ali persons ard things
within their respective limits; and, of course, have
the right TO ta1 ali such persons and things for the
pfote ction afforded-lndeed, the Government of
the U 3 has no Courts, any other Machine
ry'ior afiordng protection; and, of course cannot
nave jurisdiction, nor right of taxation over com
nercial subjects within the limits Of the several
states except for the specified objects Of the Con-
stitution. The officers OF the u. S. tribunals
arc themselves under the jurisdiction, and protec.
ton OF the STATE Tribunals.
Admitting the right of the State LeeisIa
lures t. tax allsubjects of commerce. broug t with
'h their respective limits, and placed under their
protection, abundant constitutional menns may be
iound IN the exercise of that right, 10 counteract
the oppressive effects of the uncon stit utiona Ia
rlii Acts---nor can there he any real ificuity in
selecting such means, upon sound. dispassonate
consideration OF the subject. The oppression of
those acts, present the lnfaliible indexes pointing
TO The true eiiicacious means of couuteracton-
But, the unconstitutionslity of those arts is most
confidently denisd by their advocates In the
view taken by the writer, OF the provisions of
those acts, the enquiry into their
would be scarcely worth making; because if their
PRACTICAL operations, aud the prete declared and
avowed in their Justification be really sanctioned
ny the Constitution. then must our practical gov
eininei he the worst in the world; and it's inc vi
table tendencies the mos; despotic and oppressive
and, OF course in the Judgment of the writer tb !.
constitution must, ought and will be amended or Il o.
Daildon"d III they should be found uncons,itu!i iona
then they ought 10 be repealed instantly accornpani-
ed with the regrets OF their projectors and indemni-
ties, II possible, for the wrongs already done by
thein upon particular sections OF country, and por
tons OF individuals. Let the enquiry he made in
To these practical operations and effects:
LIST. Particular sections oil countries are made
tributary TO other sections This practical effect i
In direct opposition 10 that provision of IN, Cons
tuition, which expresses the objects for which tn.
Constitution was iormed-" To WITT Is To paw the
ieDtS, aud provide for the common defence and
general WeBTe fine u. So
zi' lhe'e ac's take the proceeds of labor from
one poruon OF The community, ard give them 10
another, under the pretext OF encouraging them TO
labor, IN addition 10 the proceeds of their own la
Dor ms Is in direct opposition TO the provisions
oi the Constu ion, securing the rights of propertv
TO its owner rp?
ord- They keep up perpetual drain of the
wealth. oil some sections OF country, to their i'm
poverlshinent and run--conve yng il TO other Sec
lions, adding to their wealth and prosperity. This
provision is IN direct opposition to the express pro-
visions oil The Constitution, which require per-
iect equality amongst all sections of the country
and limiting the General Government to the pow.
er oil providing for the general DeHdye of the
u S.'-and not for the particular welfare Of mar
ftcHdr sections oil the u. .S-4th. Thew enter in
to the internal police Of the several States, and
ntermeddfe with the occupations OF their respec-
i've inhabitants, taking from some occupations,
particularly from the primary one of Agriculture
great portions Of the proceeds of their labor and
giving them 10 other occupations in direct HOSTILE
~ TO the fundamental principles of the general 81
state goyernments--the first extending ouIy TO pc
neral external objects, except in certain specified