Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1830-01-29

Mr. Madison the sole survivor of that venerable bo
dy. which composed The Convention of 1877
I'm letter to Joseph c. Cabell, dated 18th Sept
1929 in which the question of the cons utionality
of the power in Congress. to impose tariff tor the
agement of manufactures. was tho subject be-
fore him. MIR. Madison says: II is simple question
under the Constitution Of the United States, whe
Their the power 'to regulate trade with foreign ma
TONS az distinct and subs antve item in the
merated powers, embraces the object of Encouraging
by duties, and prohibitions, the manufactures and
products of the country, And the affirmative must
be inferred from the following considerations:
& The meaning of the phrase, to regulate trade,
must be sought in the general use of it. in other words
in the objects to which the power generally un-
dcrstood he applicable, when the phrase inser-
ted in the Constitution
90. Phe power has been understood and used by all
commercial md manufacturing nations. as embracing
the object of encouraging manufactures; is believed
that no. stngle exception Gun be named
50. Phis has been particularly the case with Great
Britain, whose commercial vocabulary is the parent
of ours.
4. Such wns understood to be the proper use of
the power by the States, most prepared for manu-
featuring industry, whilst retaining their power
foreign trade.
IS. Such use of the power by Congress, accords
with the intention and expectation of the States in
transferring the power and trade from themselves to
the government uf the United States.
IS If congress have not the power, it is aunihu-
ted for the nation; policy without example in any
other nation and within the reason of the solitary
one of our own.
y. If revenue be- the sole object of Il Legitimate
impost, and the encouragement of domestic articles
be not within the power of regulating trade, it would
follow that monopoizipg or unequal regulations OF
foreign nations could he counteracted
s. That the encouragement Of manufactures, Vas
an object of the power to regulate trade, s proved
by the Use made of the power for that object ir
the first session of the first Congress under the Con
stItution when among the members present were sc
many who had been members of the Federal Conven
ton which framed the Constitution, and of the State
Conventions, which ratified it
"a further evidence in support of the constitution
al poVer, to protect and foster manufactures, by re
guaons of trade, evidence that ought itself
settle the question is the uniform and practical sane
ton given to the power by the general government
fol- nearly forty years; with concurrence or ac0ni
| escence of every state government throughout The
sdme period and it may be added through all tho vi
oissitudes of party, which marked the period
| Phat large majority of the Union has hitherto up
proved the particular exercise of the mower now il
question, and complained of by South Carolina, will
not be denied A large majority of the Union be
lieves such an exercise of power necessary to Tho
| prosperity of the whole.
Pho General Assembly of Kentucky, cannot admi
the right Of minority, either of the States or of The
peoPle to set up thor opinion not only in opposition
but to override that of the majority. And it canno
but view with regret and surprise, the assertion
the State of South Carolina-sThot the measures Il
be pa'sued consequent the perseverance, in this sus
tenn, are purely questions Of enpeency and not "
allegiance. The consequences of such principle
If practically enforced. would be alarming in the ex
IRENE. Scarcely any import INT measure of the nen.
eral government ia ever adopted, to which one o,
more nj the States IRE not opposed. IF one State
have right to obstruct and defeat the execution oil
law OF Congress, because it deems it unconstitu.
tlonal, then every State has similar right When
the dlssatsfed State opposes to the of Congress
lts measures OF obstructon the alternative is
ed, shall the act DO enforced within the particular
state or be abandoned, without being repealed, g
virtual dissolution of the Union As the slccessfu
exercise of the power of resisting an act of CONGRESS
by one State, would naturally stimulate other States
dsapproving other acts of that BODY to similar resis
lance, the practical result you'd te that Congress
could adopt and enforce no measure whatever tn
which any one Of the twenty four States niDbt he
opposed 1t Is in vain to say that the tariff is carac-
terzed by the most enormous injustce-whois 10 be
theJudge OF that enormity? Who is to prescribe the
limit OF enormty, which will authorize resistance and
that which falls short of comforting that rirht? His
tory and the nature of man demonst rate that when
his preJudces are aroused and his passions inf,amed
is not dlthcuit to persuade him, that mild and euui
table laws, fraught with the most abominabIe in
Justice.
Nor can the State Of South Carolina derive the
smallest ald In sustaining its doctrine of resistance tn
the iedera authority, from the in which the
constitution was fofmed whether it the work OF
The people of the United States collectively or is to
DO considered as compact between sovereign States
or between the people of the several States with
each other, there is, there be- there ought to be
but one rule, which is, that the majority must gov
Fhe State OF South Carolina also asserts, Isl,
That Congress "does not possess the poweF, under
the constitution to adopt general system of informal
improvements as q national measure" Cd. THAT
II ID an unconstitutional exercise of power on the part
OF Congress- to tax the citizens of one State to make
roads and canals for another States and 3d. ..That
congress has no power to construct roads and canals
IN the States, for the purpose of internal improve
ment with, or without the assent Of the S, aes in
whose limits those informal improvements are made
the authority OF Congress extending further than
70 pass the necessary and proper laws carry into
execution, their enumerated powers"
fhe General Assembly believes, that Congress is
invested ov the constitution, with power to construct
internal improvements of national character within
al or any OF the States. The power it believes to
be fairly detucible from the enumerated povers. pt
this question has been often and SO ably discussed
that IT IS not aware that any additional light can or
need De thrown upon it. The General Assembly.
wili therefore, content itself With examination Of
those reasons only, which brought forward b, the
State of South Carolina.
The first is declaration Of opinion As to ,he &c.
cond IS not known believed Congress has ever in
Eact taxed the citizens Of State make roads and canals
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