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

tiees Of the State Of Kentucky, on the 1a,yf and
Internal Improvements.
The Commtee on Internal improvements has in
~, abe and cogent manner, indicated the policy of
the General Government, regards tho Tariff and
Internal Improvements.
The State of South Carolina has assumed high and
per,lous ground, both of these deeply interesting
subjects. The Legislature of that State regardless
of the ruling principle of repubIicanism-tha the
expressed will of majority shall rule-has erected
arbitrary barrier around the constitution al powers
OF Congress-, and with sort of bold defiance, have
thrown their threats of dsunIon into the face of this
nation. Having asserted that it is uncons. itu
tonai exercise OF power on the part of Congress,
lay duties to protect domestic manufactures and stha
the acts of Congress known by the name of the Tariff
laws the object of which is not the rusing of revenue
or the regulation of foreign commerce., but the pro
motion of domestic manufactures violations of the
Constitution in its spirit, and ought be repealed;
then comes dark, and not very ambiguous threat
that the measures be pursued conseauent on the
perseverance In this system, purely Questions of
efi'ediency, and not Of allegiance &c In other
Words 1t these obnoxious laws are not repealed Al,
our dctation, We will pursue ouch line of cnnduct
as pest COMFORTS with our considerations of self
INTEREST and US Is most expedent for the promotion oi
our views, irrespective Of the national pact and in
defiance Of the general voice of the American neop,e
Neil might the Latin poet say Ira Juror brev1s est
lAngNr.is short mudness) Stung by the severe
modification arising out of disappointed efforts to
Persuade the majority of the nation to coincide with
tircm III their mistaken apprehensons of our national
policy, and goaded on by feverish restlessness OF
desire to attain their end, the people of the ouh
forgefu Of their former chivalry Of character and
unmmdfnl of the glory Of their country, have thus
feekiessy defed the federal head ofour government
hnt THESE ehervescent movements of passion are
neither new nor dangerous they have been manifest
cd before and were repressed by the quick returning
the Report will place the subject of The Farif md
fehre. - ''
''The grant in the constitution to Congress- of the
power to lay and collect tayes duties, nposis and
excuses, IS without limitation, except that they
Shall be uniform throughout the United States and
except asn in the of direct taxes that thew are
to be apportioncd among the several States, ACCORD
Ing to their respective numbers, determined bv
prescribed rule. 1t cannot be pretended that duties
imposed TO protect American productions With
Which rival productions of foreign nations come m
competition, fall within either of those exceptions
Nor, If the qualification were conceded which 10
sometimes insisted upon, of this general King pow-
er that 49, that 1t IS to be eXerted pay the debts
and provide for the common defence and oenerui
welfare, would much aid be derived TO the argument
Which maintains the uuconsttutionality Of such
duties.
Without dwelling longer upon that particular
clause IN the Constitution of the United States, the
General Assembly conceives that another clause
clearly grants the power in question. 1t is that
whch gives 20 congress the power to regulate COM
nerce with foreign nations" Art. I, Sec g. 1t is
given without restriction qualification 1t ought
to have been 30 conferred upon government. which,
ny universal consent has the exclusive control of orr
Commercial and other intercourse with foreiyn nntions
How otherwise would it have been possible for Con
gTess to guard and protect the interests the United
States against the varying and infinitely diversified
policy of foreign powerss IF equality Of commcrc G
and navigation side, ought to by equality
On the other, prohibition the one sde ought to be
cbuntervailed by prohibition on the other Between
the points OF perfect equality and absolute prohibi-
ton, there are many intermediate shades of differ
ence, observable in the commercial codes of foreign
nations There is not, it is believed, with very few
exceptions, a commercial nation in the world, which
practically offers to the United States perfect euna-
ty; whilst many of them, and especially those with
winch they have most intercourse, measure out to
them prohibition after prohibition, the entire ex-
cnson OF some of the most valuable productq of the
Union. Would it not have been unvyise in the peo-
pie of the United States, to have tied the hands of
their government, as to commercial regulations
whilst those OF foreign powers should be free to nict
ON the commerce of the United States any injury
prompted by their policy their jealousy their cup
dfye Would 1t have been possible for the trainers
81 the constitution to have oreseen and provided for
all the exgencies that might arise out of the com
nercul policy of foreign powers, by defining the pre-
tJse manner IN which the grant of the powers to
regulate commerce., should be exercised? IF il be
said, that the object of protecting the products of
american industry is not specified, the purpose of
the grant OF the power to regulate commerce., be-
sF1es the answer already given, the further answer
immediately occnrs that other purpose is specified;
and 1T the want of the specification of the object of
protection prevent the exercise of the power to that
end, the want of the specification of every other
OBJECT, would prevent the exercise of the power in
relation to any and every other object And Thus IL
would happen, that the grant Of u powor unlimited
and unrestrained, would amount to mere nuty: and
the general government would be disarned of many
OF the powers necessary to constitute it safe depo-
sory Of the rights of the interests and of the de-
pendence Of the Union.
But it may be urged, that the regulation Of com
erce implies its continued existence and that what
be the nature of the regulation it must not e
such as to- destroy the subject to be regulated Ii
Congress were to attempt to annhlate the commerce
OF the United States. there might be force in this
argument But no such ATTEMPT IL made by the laws
IN question. Commerce embraces variety of sub
Jecis. The imposition Of protecting duties Oh sDmo
articles, or even the absolute prohibition OF them
would not amount to its destruction, nor would tie
general commerce Of the country DO thereby ulti-
Htaely affected All other articles would remain for
commercial operations, and the encouraged industry
Of the United States would supply additional Subjects
counterbaancIng those which might be excluded.
lftne regulation of commerce any thing 1t must
be the prescription of the terms and conditions ON