Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1829-01-08

ny pies vi preclpitancys or pauclty
OF the constructive presidents they OF.
pose; without any appeal to materisl
facts newly brought to light; and with.
out any claim TO better knowledge OF
The original evils and Inconvenience
Tor which remedies were needed, the
very best keys to the true object and
meaning of all laws and constitutions.
And may il not be fairly leftto the un.
BIASED judgment OF all men of experl-
ence and of intelligence. to decide
which is most to be relied on for a
sound and safe test Of the meaning Of a
Constitution, uniform Interpretation
by all successive authorities under IL.
commencing with its birth, and continu
ed for long period, through the varied
state of political contests: or the opinion
Of every new Legislature, heated as il
may be by the strife Of parties or war
ped, as often happens. by the eager
pursuit of some favorite object-or car.
ried away, possibly, by the powerful
eloquence or captivating address of q
few popular statesmen, the selves, per
baps, influenced by misleading causesi
II the latter test is to prevail, every new
legislative opinion might make a new
Constitution, as the foot of every new
Chancellor would make a new standard
of measure.
1t is seen, with no little surprise, that
An attempt has been made, in a highly
respe ctable quarter, and at length redu
ced to resolution, formally proposed
in Congress, TO substitute for The power
OF Congress to regulate trade so as 10
encourage manufactures, a power in the
several States to do so, with the consent
of that body; and this expedient is de.
rived from clause in the tenth section
OF article first of the Constitution, which
says: No State shall, without the con.
sent OF Congress, lay any imposts Of du-
ties on imports or exports, except what
may be absolutely necessary for exc
cutting its inspection laws; and the net
produce Of all duties, and imposts, laid
by any state OIL imports and exports,
shall be for the are Of the Treasury of
the United States; and all such laws
shall be subject to the revision and
control OF Congress"
To say nothing of the clear indications
IN the Journal of the Convention of
1887, that the clause was intended
merely ~ provide for expenses incurred
by particular States 10 their Inspection
laws, and in such improvements as they
may choose to make in their harbors
and rivers, with the sanction of Con-
gress- objects 10 which the reserve d
power has been applied, 10 several in.
stances, at the request Of Virginia and
Georgia. bow could il ever be agined
that any State would wish 10 tax its own
trade for the encouragement of manu-.
features, If possessed of authority. or
could. in fact, do so, wishing iia
A tax on imports would be a tax on Il,
own consumption; and the net proc Ids
going, according to the clause, not into
Its own Treasury of the United States
the State would tax itself separately for
the equal gain of all the other States
and as far as the manufactures, so en-.
ceuraged, might succeed in ultimately
increasing the stock in market, and
lowering the price by competition. the
advantage, also, procured at the sole
expense of the State would be common
to all the others.
But the very suggestion Of such an
expedient to any State, wouid have IN
air of moekery, when its experienced
impracticability is taken into view. Nc
one who recollects or rscurs to the peri
cd when the power over commerce wa,
in the individual States, and separate at
tempts were made to tax or otherwise
regulate il, need be told that the at
tempts were not only abortive, but b,
demonstrating the necessity Of genera
and uniform regulations, gave the origi
nal impulse to the constitutional reform
which provided for such regulations.
To refer State, therefore, 10 the en-
ercise OF power. as reserved to her b,
the Constitution, the impessibility of ex
ercising which was an inducemen to a
dept the Constitution. is of all remedia
devices. the last that ough. to be bro
forward. And what renders il the NOR,
extraordinary, is, that, as the tax O,
commerce, as far as il could be sepa
rateiy collected, instead of belongiL,
to the Treasury Of the State, as previou
to the Constitution, would be q tribut
to the United States, the State woul
be in worse condition after the adop
ton of the nnsfifnfsou sh~r h.c.