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

other states seems to us s,ili more decisive. THIS
sedos, ., once, that the power to lay duties Is not
mere powe'; Tor btrs 10 one admitted care, In
which may properly be exer.ijsd, witch has no re-
Iaion 10 revenue Ye hi, 10 psrtieu ar or speti.
hed powrr Tbs ecni,iu len no more points on' ms
40 being proper object, ban points out Po,eem %.
III u be provided for at all, 10 because - emtraeeu
In the general wtris OF the gram IL is IN re- or F."
where. LAWS, laying duties to soun'ervs1 The re
suIa,iony Of ohcr states, a,e regols ions Ut trade.
They are no, Only hke lave Of protection but hey are
emphaucsliy, themselves lars OF protection. ioey
have usua Nv no her end dosgu than TO protec
the msnufdcures or oihsr Interests OF our own
si,zens & ON the efest of unequal competitor mo-
nopo,y on tbs psrt OF otter natou. Congress, then
Do hi. adui ioo may lay duties with the single Oh
jeet of encouraging certain descriptions OF d. mesem
p,oymept CT Industry and II remains for those who
coocs de 'his ard Yet d9py the general over 10 snow
how IT, Thai Congress has power n Its disc elion, TO
proes, 'omc classes Of industry and no power, in the
same discretion and by the meaus to protect others
But the admission goes still further IL no, only fur
ni'hes analogy for Il case in argument but mees
and covers that Identical The laws musb OPP
posed, aud whose siuiopal validity 10 loudly de.
nied are themselves ott .r Than many acts paced
TO cotntercdi the injurious commercial regulations
Of foreign Safes
Tho United Siaies have not Doe the first 10 reject
tho iheo. OF free trade. They have not introduced in
tho world modes Of Regulation. They havs not
originated system OF projections far herwse Al 'be
very moment they had eded to throw of their
lonial bondage aud had established their indepepd
they found that their condition. far respect
cd Commerce, Agriculture and Manufactures, was but
partially bette by the change, because they found The
ports OF the leading States OF Europe shu against hsr
ships ard against their products They offered free
trade 10 all na'ioDs; but the nacns, with one scrd
rejected their offer. Tho subjects Of other States
projected, against them by the laws OF other atss
but they were protested against nobody. Tits undsni.
ably true, tba, this cocdt on Of hinge OF the
very which led to The adoption Of the present Co
verrmeDt IL 10 unques onable as matter Of historic
record, that strong motive Tor forming and es,ab
hsbing the present Cons T. on, was 10 organ
Government, thai should poSsess the power Of coun-
tervsiiing these foreign regulations by adequate
measures, and hereby projecting the Iabour and
Counter.
vaiiing laws were accordingly passed al tho very
FIRST session Of The first Cor grs"; others have been
OF the same cbaIas they are all eoun,ervailng law,
rendered expedent and necessary by the policy pvr
sued ty other nations: The Republic i. now scmpossd
Of thirteen mi lons OF people; all the principal product,
OF eight nine OF ihe,e thirteen millions are, al
this moment, shut from the great market Of SON.
sumption abroad either by absolute pre- hibiion by
high duties, and 10 meet this state OF things II 10 10
eouDtervail ibeie fore regulations injurious u.s.
II 10 to phase Ourselves on come footing OF equality, 10
ipferory, subj ,eon, at once dishonourable and
buTdensome at onse degrading to its sbarastcr while L.
passed, have sl along continued, and now exist Thsy
are, therefore, countervaiing laws, and other in
ry jus, sense Of these term.
Having mads thess remaik s what Is eonseded by
those who deny the power Of Congress to protect
nufaeures and this CT OF that scnsessiop, pro-
seed 20 present The view whih this meeting en,er,ains
on the general constitutional question.
BY 1t Constitution, CoDgrs So has power to lay and
collect taxes, duties, impoEis and exese has power
cleo ",o regulate commerce with foreign nations"
The power TO lay duties 10 ateom panied by
press qualih aion limitation, whiib s, "ihat all du
lies shs be uniform hroug hou The United Siates"-
TIE power regulate has iis Limitation ALSO
which TO- that regulst on OF commerce shall give
preference TO ihe poris OF one ate thcs of
other aud there is another mi alton, which may apply
TO both clauses namely that no export duty sha ever
be laid.
Here, then, is gran, Of power In broad and general
terms but with ceiein spc limit tons, carefully
pressed. But neither OF these liz ia,icns applies, In
any manner, 10 that exercise OF the power which
under consideration. Neither Of them, nor any ohsr
clause word in ihs whole CoDs uon, manifess The
slightest intention 10 restrain the words prob BIZ
Congress from laying duties for profession The
Is nothing less than 10 add re,c,ion which The Con-
siituiion has omitted. Who has authority TO add this
other restrictions had been intended, they would have
been expressed. When tho bu,iness Of limitation
before the CorveDtioD, what was omitted, g
mush an exercise OF intention as what was express
ed Id stated all The restraints Congress which il
and to mpoIe others now, would be, not To-
interpret the Combination, but 10 change it, not
sTuo the existing Instrument bu, TO make another.
The words OF the grant being general, TO lay duties
and to regulate commerce, their meaning is to bs
sertaned By retsrens. to the common and impor,
Of language Nounusual Specification 10 to be given 20
the terms, either 10 restrain enlarge their import
Congress- In ito discretion, is TO lay duties and
late trade for all the objects and for whish du
ties ordinarily laid and trade ordinarily regulated.
II such thing before heard Of laying du
lies and regulating trade with a view TO ensoursg e
sctures then might be said that the venIion
did cont. mpa,e sush exercise Of ihs power by
Congress. But it was perfectly known to the sonvsn.
object with all governments, in laying duties and resu
lang trade, and Tor long time had be en-, the
enlargement OF manufactures. This was eDPa'isaly
true Of Eogland whose language the convention spoke
and whose legal ard legislative phraseeiogy
theirs also. Every leading State Europe at that
moment regulating ts somnerss for purposes OF ,bis
nature Such pu pose, indeed had been long sought
to be accomplished by some Of the States themselves
by their regulate pS OF trade. Massachusetts had
attempted it, New York had attempted il, Virginia had
attic mpted it, and beli' other aes had done the
same. How Intellectual Ill their attempts were, for
want OF union and general ,ys,em, seen, and
felt, by The whole country but they shew to what eEds
and TO what uses the power to regulate trade
destoood to extend But only in 9th or nations and
iion We sLa have occasion to show hereafter, bu,
in the United States since, and Ia the adm instr
made, in almost innumerabie nsianeef, with view TO
revenue, but with sole and exclusive regard TO pro
lection.
IL our understanding OF tho cons tuition be not az
sordiDg Its true suing that iDstI has been
grossly violated from the very beginning What are
all the regishy ast; what The boun,es the 6sheres
but many aVow,d efforts to protest American Iodus
Try, under The power OF TeSuia ing trade? Ga what
foundation does the whsle system OF the sossiDg trade
stand? The American ship builder aud ship owner 40
enjoyed, from the FIRST, and think properly,
ly prote sion in ba, trade, but the monopoly Of H. He
shuts out all foreign competition and he does The
ground that the public good Is promoted by giving bin
this advantage. We think be 10 right in asking bis
and he Government right in granting ~. Yet This 10
not free trade: Is preference lit 10 protection and
pro- 2con Of manufacture under the power 10 regu-
late trade. The laws giving this proec TO The
acure and the use Of ships may be wise and laws pro-
sscipg oihtr manufacturer, may be unwise. But the
rst ssnDo, be soDu ioDal and the latter cousu-
tona II there be power for one, there power for bob.
Both drawn from The Same grant both operate by the
general means and both regard he same offset
The protection, namely, OF Amsrisan labour and capital
against foreign sompe ion Hit be said that the ma
vgation sc 10 founded 10 national policy and that II
essential 10 national defence and national inds
Ia. IA at hat