Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-11-22

20 the most eensusvs evidence that aspssihc idea was
attached the phrase incorporated into our constitution
and that it, scope was include the idea olevyipE du-
Ties Ia such form 10 encourage and protect, or,
least. TO coniro and drssl tbs growth Of domesis In
dusiry.
fer which the constuen wac substituted, smbf aced
amongst o:hsr things. en- digestion 10 The forms by
which tho Legislation 10 rs.srsnse 70 me issoan0n
Of tho new constitution TO remedy this defect The
right 10 lay even prohibory duties freely admitted
In the discussions upon the constitution; and We may
eat. ,f that the whole nation, at that day, regard-
ed such power one OF the necessary conclusions |
from the grant that had been made. Tae subsequent
action of tho government eorroboratcs this ides Th-
hrs approaches OF the people 10 their rulers were
made In behalf CT The sxeIcie OF protesting power In
favor Of their Industry They spoke Of the injury they
bad sustained under the former state OF hir rs; oil the
ruinous competition to which the policy Of the mother
country had exposed them; and demanded the esta-
bshmeu, Of system Of measures that should accom-
psh their favori.e purpose Of creating vgorou, do
nestle manufacture. The unrss'rained admission Of
British goods had redussd Manufacturers and srti-
absolute want: the ffse entry OF Bfih Shipping
had expelled our vessels from the os.ar. From
Cbareson TO Boston this condition Ct things was the
Of one loud and eonoued remonstrsnse ard the
remedy for II was prominent, object In the establish
ment Of a general government. The chip builders
| and tho ship-owners complained that foreign bottoms
| brought TO the eounry oil that imported to
th.ir ruin; and they besouaht their fellow s,8 ne
| to join them 10 measures Of protection. Tbs ma
nufaetur r. and msebanics dessred that il was O.
little importance to them in what bottom, articles
imported, since this unrestricted importation, in
whatever bottoms, threatened TO reduce them TO sarva
ton. Both had applied to their state governments
for redress but these governments, from want OF con-
cert could give eectual relief Attempts had been
made to amend the articles OF confederation for the very
purpose OF comforting this power upon Congress- but
these attempts had failed Hence il was that the es'a-
bishment OF the present government hailed with the
utmost enthusiasm, and celebrated in the principal CT
ties by all classes, with manifestations Of hope and
Joy.
The earliest Legislation OF the ne government avows
and adopts The prnsple 70, which we hive been son
tending. The hr't important &C, IN the statute book
sontsins The following preamble:'Whercas l. Detes
say for he support OF government aud the encourage
ment and protection IF manufactures iba, duties DO
laid on gocds and merchandise. This preamble was
writ en-, supported and passed by those who bad come
recently from the convention where The Consi uion
had bsen formed They carrying in'o effect their
own instrument. They ,eem, indeed,-ior preanble'
are quite unusua-o have n'roduced This for the pnr
OF shelving tho ry that Ito exp, caOus would
DO fu filed and that the ufas,ures OF the nation
would bs pro &C ed IT, therefore, the exs ing laws vi
ola'e the Con,uion, the original act violated l.. II
this cha ter OF right be marred now, il was marred
then, and marred by those who made il.
Hproec len be unconstitutional, this law carries I'M
consi uionaliy in ito front; and yet, ,mber
Of the hrst Congress appears TO have thought unson
'ti'uonsl In the whole eour'e Of the debates, pro-
hae,ed through several weeks, no one expressed a
doubt OF the power Of Congress lay due, for p-oec
ion; may therefore firm that the power ad
med by ALL Some articles We're taxed for revenue only;
some for pro,ec i'm only and for both The pub
l'hed debates show all this, end have already
'ad every Congress from that day to hi has reeogns
ed the same power. Every President, beg ming with
him who is Justly ed the Father Of hi. Country
has sansioned it, and most OF them have led
Its exercise n earnest terms Indeed, it has been
sanity exercised; protee ion has been given by tho
si,ry acts; has been given by the tonnage duty ae,s
IL has been given by The act. regulating the coa,ipe
Lade has been given TO The f'herie,; il has been
TO the hemp OF Kentucky; to the lead OF Missouri and
Iini'; 10 the sugar Of Louisiana 10 the iron OF the
middle, western and southern S,ae,; and has been
m o. ar
tursrs. lis now forytwo years since tbs system OF
proiec began, and II has been inermittsd
suspended, with regard to many commodities for sin.
gle hour. Is all This Regulation TO be deemed uneon-
si u'ionaR Are eli these nerss" to be brought into
jeopardy and perhaps to ruin upon uis modern con-
! strns'ion Of the constitution
Not only has Cong thus constantly exercised hi,
power, but has thought i'sef from tho fire.. uude'
peculiar obg a,ions TO sreise H. IL ba, considered
that IL would be guilty Of plain breach OF duty il
should not exercise B and il declared 10 its frat
session This policy was more earnestly en'orsed upon
CongreH because the States had surrendered their
whole power on this question, and were IN .mselves,
prohibited from exercising II by the cons uton ITSELF
since they could noi separate States exercise WELL
it was taken away from them and vested In The nation
leg Stature Ii said, the reore, and said truly,
that Ii would be fraud upon the Safes, IL Congress,
now the sole posse'Or Of the power should fuse TO
exercise IT, The constitution had declared, that no
State should lay any duty except for the purpose
OF enforcing lis n'pe.'ion liws.-I' il CONCEIVABLE
| that the people would agree TO deprive their own
sfae governments OF tbs power OF protecting manu-
facure' by suitable regulations Of trade, without the
hi power was in'nonally transferred the general CO.
vernmeui, The doctrine now advanced, impu,es IN,
sIanges, absurdi,y bath 10 ,hs trainers 81 the N thu
lion and TO the people supposes them, instead Of eroa
ing ne remedy for wledged evils TO have iorev
er abolished tbs poor bu, only remedy wh,h already
existed IL supposes, that iosiead OF giving 10 Con-
gre's, as was their avowed do'ign tfscual power to
protect manufacture, they did more than prohibit
The States from exercising that power, and exinguish
IL as thing to be deprecated every where and alio-
gether-Ii supposes them TO have imposed new shas
kles on their own limbs and TO have them
selves thus voluntarily bound, to the mrey OF their
foreign competitors and rivals. We cannoi Yield our
assent to opinions, which ascribs purposes like these
or policy like this, either to the Convention, he
people.
1t only remains for us 10 sdd that The public juJg
ment has, at AL timer, affirmed the existence OF this
power; and approved lite exercise. Even al this
meni, 'here Is no reason 10 doubt that nine ten lis OF all
the people hold ihe power to be constitutional. l, it,
therefore, not only against the words The Constitution
against the maniies, design Of the nation in establishing
II, against the u0iform Of Congress in passing
laws under it, against the practice Of forty years, never
stayed suspended against the opinion Of every tr
bunal In the country, az far Informed; but II
is also against the entire conviction OF vast M 10 lily
OF the people themselves, that these new, and W.
biGk dsDgero opinions, brought forward as
the true dofrines OF the Constitution.
IL an error TO suppose that the regulation Of
nerce should necessarily imply the denial of right to
restrict, diminish prohibit any particular branch OF it.
he suppression OF any trade, injurious the commt-
nity is as much national concern, and valuable an
branches; and indeed, in practice must often occur
that the comforting of special advantages upon one
branch oil trade may operate partially TO the dsadvan
age of all others Such is often the effect of treaties
that reserve to the vessels OF particular nations free en-
try TO PORTS the commerce with such nations is
promoted TO the dimnution of the trade with others not
embraced in the privilege. This however, is lawful
Just and profitable regulation OF commerce. Commerce
includes all kinds Of traffic whether sustained upon the
in ships transported roads, rivers or canals
whether II belong to the system OF domestic exchanges
mr. ra0n inf