The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1831-11-29

n numerous euo yesyecteuSe P9st1oS "
the American people. do not merely enm-
plain that this system 10 unjust. 1ot they
question the right 70 esssbIish h. They do
not doubt--they utterly deny--the eonetittI-
tional power Of Congress to cneet r. Ia
justice to them, We invite your candid aten-
lion to brief confederation Of their views
on this subject The constitutional validity
or invslidity OF sn Act Of Cougress, dcss not
necessarily depend upon tho questronv
whether tho Judicisi Department OF the
Government would afirm the one Of the
other Of these propositions. Is msy bd That
an oct will, in its operation and enssL ~
subversiva Of the principles Of the CousuptS
ton, and yet, on its face. be superior % ~
Just exception on thst ground. Lkersl9S
and in terms. il may be IN execution of IN
expressly granted power iss, cpseAxisn
and effect II may not only tranS6so1 that
power. but may directly ccntfavsne u. Uue
der the preience Of supplying . revsnuss
Congress may raise money beyond the pur-
pose IN which il can be leRititfsAssiy sppiied,
or may increase tho duties - an n'omount
which will be prohibiiory ofimportsiious snds
onsequently. destructive Of oil revenue 10 b0
derived from that source. Still, such sr act
would purport to be in the execution Of fhe
powef tn ley and collect taxes; and Courts
Of Justice. Judging Of il BY its terms, and BY
what 10 apparent on its face, would not
amrm i,s invalidi'y. bus 'he Constitution
the Governn,en,- tho legislasos who en-
acts, 40 well a. on the Judge who intsrpFtis
law. Ifthe former shall % veil bic unlsw.
ful purpose ~ to defend il from the eerusiny
OF the latter, 10 il less violation Of kiS con.
s,itutionsl obligations? Ifitbe such VIC.
Iaton. can Il be constitutionally valid
IT. instead of the absence Of sny express
grant of power 10 protect manufactures. the
Constitution had contained On express clause
nj inhibition. al Ac, "f Congress imposing
duties beyond tho purposes OF revenue, and
thereby operating ss- bounty To the manu-
fsc,urer, would. they insIst. be admitted to
De in violation Of the Constitution, ana yet
the repngnance would not be manifest upon
ito face, and would, therefore, eluds the
judicial power.
A numerous and Intelligent portion ofthe
American people believe thst this view 10 sps
plicsblr 10 the Tsn6 Of 1923. They admit
the power of Congress 70 lay md collect such
duties No they nay deem necessary for tho
purposes Of reycbue, and, within these !imits
~ ~ arrange those duries ~ incidentally. and
10 that extent. 10 give protection tn the men
nfarturef They deny the right to convert
what they denoniinstc the incidental, into the
prncipal power, and trsrscendine The limits
X
/ stantivciy and exclusively TOE the purpOse Os
, sf;rang that protection. They admit that
Congress may cuuntervail the fvguItlons ol
4 forr,gn poweK which may be hostile TO onr
!, commerce. but they deny their authority per.
n,anently to prohibit oil Importation, for the
purpose OF securing the hone market exeIu-
siveiy to the domestic manufacturer, thereby
destroying the commerce they were entrusted
n to regulate, and fostering On iniercst with
4 which they have no constitutional power 10
interfere. That PARTON of our fellow citizens
Of whom we speak, d. not. therefore, hesitsta
! TO affirm, that il tho right 10 enact tho Tariff
!, : Law oil 1928, be refened to the authority to
lay and collect dutics. &C. IL 10 . psIpsbIe
: abuse Of the taxing power, which wac con.
. ferred for the purpose Of revenue II, N the
, authority to regulate commerce, u 10 % Oh.
vious perversion Of that power, since il may
, be extended to an utter snn,hilation OF the
objects which II was intended to protect.
Waving. however, this discussion, We concur
in the opinion that if the sggrieved party "
deprived Of the protection which the judicial
deos rtment might otherwise sfsord. u would
strengthen his appeal to the American people,
to unite with him in correcting the evil BY
pesceable end constitutional mesns.
But there is view of this subject which
, may claim the concurrence Of oil those who
are prepared to admit that the Tariff 10 un.
equal in its operation, oppressive end unjust.
The Constitution Of the United States had its
origin in . spirit Of compromise. Its object
10 the security ofthose rights which are com.
miited 70 ito protection--its principle that Of
an eQusl participation IN the bene6ts and in
the burdens Of the Government A systeu
oftsxstion, which 10 unequal in its operation,
which oppresses the many for the bene6t oi
the few 10. therefore. unjust, not merely with
reference to the greatsnd immnisble pFlnei'
ples of right, which are applicable to human
conduct, but is, moreover, in direct collisier
with that constitutional equality oe right
! which THE instrument was thus contessedIy
I intended TO secure. a distinguished jusiet
! Of Massach chusetts, one who % sdvsntsa eously
!, known % such 10 the people Of the Union
has ssid Of the system Of which we complain
thst il 10 calculated "to destroy many q the
great objects for which the Constitution 81 The
United States was originally framed snd :.
: doo,ed" Who will siIirp shst s0ch system
can consist with the spirit Of the Consttutiony
J,s enactments msy b. so veiIsd, - to sIude
the JUDICIAL sower. and msy, therefore, be
.,bl;S.toey upon the other departments Of the
Govssoment: Bot. - between constituent
!. snd agent, between the people and their
rulers, the chsrses will. IN sseh csse, have
been viols,sd, end Il viii belong 10 them 10
correct the evil Why skould we fess 10
enuncisie this principle ? d Il bsceuss of
tho DANGER Of these insesesss which hsve
grown up undssthe syssem A just censie
. ess,ion of the .sub1sct will lead 20 directly
! oppovsie result. " u BE- copseded that The
. svstsm 10 Oppressive. unequal. end unjnse. eoo
. ,hs~e who prod, By u deceive thowoe1oou
.,,h ,he . = xoe~sst,ou Of iea nogmoneor0( n