Literary cadet and Rhode-Island statesman. [volume] (Providence, R.I.) 1827-1829, 1829-01-03

@lCoNTINvED FROM FOURTH PAGE.I
: also Of members who had opposed and who had
Aespoused, the Constitution in. its actual form.
1t does not appear from the printed proceedings
of Congress on that OCCASION, that the power
was denied by any Of them And it may be re.
marked, that members from Virginia, in particu-
lar. as we'll Of the anti federal rs the federal
party the names then distinguishing those who
had opposed and those who had approved the
Constitution, did not Hesitate TO propose dut les
and to suggest even prohibitions in favor of
several articles Of her production. BY ono a duty
was proposed on mineral coal, in favor Of the
Virginia coal pits; by another, a duty on hemp
was proposed, to encourage the growth of that
article and by a third, a prohibition even Of
foreign beef was suggested, as q measure OF
sound policy.
A further evidence in support of the consti-
tuiional power to protect and foster manufac-
lures by regulations Of trade, an evidence that
ought, of itself, TO settle the question. is the
uniform and practical sanction given to the pow
or, by the General Government, for nearly forty
years with a concurrence or acquiescencc of
every State Government, throughout the same
period and, il may be added, through all the
vicissitudes of party which marked the period.
No novel construction, however ingeniously de-
vised or however respectable and patriotic lie
patrons, can withstand the weight Of such au-
thorities, or the uDbroken current Of so prolonged
and universal a practice. And well it is that
this canot be done, without the Intervention Of
the same authority which made the ConstItu-
ton. = If il could he so done, there would be an
end TO that stability in Government, ard in
Laws, which is essential TO good government
and good laws, a stability, the want OF which IS
the imputation which has at all times been lev
elled against Republicanism, with most effect,
by its most dextrous adversaries. The imputa-
ton ought never. therefore, to be countenanced,
by inhovating constructions, without any plea
offs preeipitancy, or paucIty ofthe constructive
,precedeDts they oppose without any appear 10
material facts newly brought to light ; and
without any claim to a better knowledge OF the
original evils and nconveEiences for which
remedies were needed, 10 very best keys to the
true object and meaning Of all laws and consti-
utions.
And may il not be fairly left to the unbiased
judgement of all men Of experience and Of intel
i~ipence, to decide, which is most to be relied on
for a sound and safe test Of the meaning OF a
Constitution, a uniform Interpretation by all the
successive authorities under it, commencing with
its birth, and continued for a long period,
through the varied state of political contest or
the opinion of every new legislature, heated as
il may be by the strife OF parties-or warped.
as often happens, by the eager pursuit OF some
fayorite obiect-or carried away, possibly, by
the powerful eloquence or captivating address
of a few popular statesmen, themselves, per-
haps, Influenced by the same misle aiding causes!
If the latter test is to prevail, every new legs
lative opinion might make a new Constitution,
as the foot Of every new Chancellor would make
q new standard Of measure.
It 10 seen, with no little surprise, that an at
tempt has been made. in a highly respectable
quarter, and at legth reduced to a re- olution,
formally proposed IN Congress, to substitute, for
the power Of Congress to regulate trade, so as
to encourage manufactures. a power IN the sew
eral States 10 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 "No State shall,
without the consent of Congress, lay any I'M
posts or duties on imports or exports, except
what may be absolutely necessary for executing
its inspection laws and the net produce OF all
ports and exports, shall be for the use o: the
Treasury of the United States and all such
laws shall be subject to the revision Of 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 to provide for ex-
penses incurred by p%artcIar States. in their In
~spection laws, and in such improvements as
they might choose to make in their harbours
and rivers, with the sanction OF Congress-ob-
iccis 10 winch the reserved power has been APP
piled, in several instances, ot the request OF
Virginia and Georgia-how could it ever BIO i'm
sqined that any State would wish to tax its own
trade for tho encouragement Of manufactures,
possessed Of the authority, or could. IN TACT,
do 90, If wishing il!
A tax on imports would be a tax on it's own
consumption and the net proceeds going. ac-
.cording 10 the clause, not into its own Treasu-
nv. but into the Treasury OF the United States,
the State would tax itself separately for tho
xequal gam Of all the other States and as Tar as
tho manufactures, so encouraged, might sue
coed in ultimately increasing the stock IN mar
ket, and lowering the price by compo,ition, this
advantage, also, procured at the sole expense
OF the Slate, would be common 10 oil the 9TH
>ers. obi
But The very suggestion Of such IN exPedient
10 any State, would have an air Of m%ockery,
when its experienced impractioability is takcn
into view. No one, who recollects or recnrs 10
the period when the power over was
in the. individual States, and separate attempts
were made to tar, or otherwise regulate It, need
DO told that the attempts were not only abor-
tive, but, by demonstrating the necessity of
general and uniform regulations. gave the orig
nal impulse TO the constitutional reform which
provided for such regulations. =
To refer a State, therefore, 10 tho exercise OF
q power, as reserved to her by the Constitution.
the impossibilty Of exercising which was an M
dusement 10 adopt the Constitution, ia, Of all re-
msdial devices, the last that ought to be brought
forward. And what renders IL the more ex'ra-
ordinary, 10, that, a. the tax on commerce., as
far ash could be separately collected, instead
ee ~beIoasing 10 the Treasury Of tho State, ss
sa-