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


Feliew-Ci izsns a numerous deleg s,ion IRON 'e-
vera a,ss n h Unior, have convened in iae City Of
York. representing great ma iaual interes, wbi,h
they are anxious, by the eff sient but peseesbie
means, to defend AID support. In Addressing themselves
TO the people OF the United Siates hey invoke their
candid attention 20 several topics Of great national i'm.
por,atce' WINDOW assuming any auiho, iy ultimately
decide them; son'sous tia, hair reasoning. aud OPT
mems ear have, and ccgh 40 Lsve other il 1uense
force than belongs 10 their truth and scundness.
A 'ys'enoi laws imposing duties for tho encourage
rneni and proseson CT domess industry, upoa tho i
Of whsh, large portion Of the people of this country
have iav e;sd ,her properly aud given now direction
to their abcur, and with continuance OF which, are
completely Identified ell hsir hopes Of maintenance for
themselves and 'heir iami'ie' has been resen'y de-
neuoseo aciSrguishsdb by every shat eti,ic which
may dshi- tyranny, tre most oti, u,.'' The onire
Aoo!i Ion oil Ibis ysiem, ally involving the interests Of
armtrs, mechanics, manufacturer, ants and all
lbs ldOoufng CLASSES, hss been demanded in that
Oilers no hope OF coDdiion compromise. A submi,-
ion 70 such demand with or without the conssu, OF
those who must be hs victim, would Re marked by
fush scenes ct ruin sGd despair, one no, blinded
by The iironge;, passion, Of out nature, could wi,Rs,s
without sompuDei!cn.
We address ourselver, then, 10 the enlightened pa-
niom oil our fellow ei'zsu' in every part Of III: u
MON aud earnestly snheai ,i,n 10 axe,;upany US
In tins examination Which VS. prspoie to mske OF The
Arguments and sIa!eUens recently pu, firth; :ans
to their cit d'sernment Of tu h. their high Of
duty, and heir calm moral courage avert the evils
'ha Eo" 'sen 10 ,h'eaen the property and psacs Of
the country.
o. ,bes, topics, ibe frat ia order and the sraves 10
character, Respects The eon''iniiona power nsrsss
A. cOus iiu,ionsl question the u quty 10 not whe-
her tOe awe are wise or whether in their ope-
iaons they are sways equal, some times unequal,
whether dviduaiE may not think ,hs wide de-
psrurc from just admnislr alton OF the powers OF The
government as TO be, 10 inds Enne and loose sen,e,
incumbent with the rpirit Of the CONSTITUTIONS The
uus sna real question IT, do they exceed ihe power OF
the aa-g ivsr; and do they, Ter that reason, ia be-
o;.iga'o y?
We dissent from the notion that laws plainly uncon.
suuuonal may be yet so framed as to escape tho ami
madvcrsion oil courts OF law. If UNCONSTITUTIONAL their
true character will either appear their face may
be made osppear by stating the facts hch asten that
character upon them. And if the motives, which are
supposed TO have influenced Congress in their enact
ment, ere not facts which may be properly inquired in
10 TO give them this character the is, that
Congress has executed unlawful power or yelled an
unlawful purpose under general law, but that tho
general power being given TO Congress, to pass such
laws, the purpose OF the law, like its occasion, dura-
ton, any other part OF its character is constitutional
| ly referred TO the discretion Of Congress.
The present Constitution has been in operation with,
success not more gratifying ourselves than sufprs.
ing 10 the rest of the world for crtytwo years TWEEN
fy-one different Congresses regularly elected and sp
pointed by the people, and Their agents. and the state
Legislatures have successfully assembled laws
under its authority. Seven distinguished individuals
chair Of the Chief Magisacy, all holdng and some of
them ious occasions, having the power
81 giving negative TO such acts OF Congress their
opinion transcribed the just limit of legislative author
y During the same period, supreme Judicial Tri-
buna has existed, not less distinguished for purity and
talent, than for dignity and Importance, whose high
|
on the constitutional extent of the power of Congress
whenever any exercise oil that power complained Of
and the case is brought duly before it, Most of these
successive congresses have passed laws similar in cher
acter In design and in effect, 10 the complain
ed OF, and all OF them have unequivocaI,y sanctioned
their principle. All these Chief Magistrates in like
manner, have, without doubt hesitation recognized
the existence OF the power; and qucs ion OF It's va
Idly has been raised in the Judicial Tribunas-It is
under this weight OF authority, and this length of prac
lice in its favour and after the investment upon the faith
OF il, OF capital probably amounting two hundred and
fifty millions OF dollars, that disposition has sprung
up to deny the power altogether, and propose if lis
exercise be persisted in TO such means of re-.
dress as threaten the Union
We eannol bui persuade ourselves tina, before Il g
AmerisaD people abaD on system If laws low OF
long continuance, passed at different times by the so, -
liutel autbo 8 with TIE un spprota iisn OF the
whole country; ard especially, before they break up
iheir government al return a sac OF auarchy on
TIE ground that such laws urconsi,u ionsi thsy
will give 10 that question very careful AID serious
consideration.
b .fore proceeding to eSpress The genera, views err
itr,ained .his important SUITES, By The members
OF This convs non IL lie not altogether 10
inquire Eo| ;ar edmissit conce,i ms hsye been
made by those who deny the existence of the power
Notwithstanding he general and pc tive terms in which
hist denial IL expressed.
seems TO US, i.deed, tina, tho plain Object OF tbs
Constiiu ion, and The strong Il the eas hAyn
driven those who deny the power, even upon thsl
own mistaken vsw OF Its source, into the necessity Of
making admissions whish. when Dsds leave no ground
Tor their argument. They deny that Congress can
rgbHuy lay duties for the sole, the ain purpose of
ebcouhkaR Danbidc'urst; oui they admit, at is
time, hat Congress msy lay duties for revenue and
ihh, in ~yiGg sueb duies, II may arrange them az
incidentally 10 gtue protection TO manufactures
lhey admit, 90, iba' CObgrsss lay dudss not de-
.igned Tor 'evrnue, but designed to cOarfeTpaH fhs
injurious regulations IF foreign potoeTs Are not
VA. cOneessons inconsistent with lhe main pYtpo,i.
soLl How can II be longer denied th,i Cobgress NAV
lay dntet for Profession, alter IL H. cedsd A NAV
drangs doies with ibat view! eanBot be true that
the pS"ef wac given for revenue only and that gLt
TO be sITiSt col fined 10 that oil ei, Aad true aIo
ma, 10 selecting abb sss OF duies regard may 30
had 10 difIsren, obi e..
An individual in society is The consumer of patcu.
lar foreign siele he nndS il heavily taxed by duties,
While ober articles, equally espabs OF produsing reves
Due, are un'sSsd. Does II make any ferense 10 him.
whether the ar ielo pseessay TO him jz' ID on, az
'hS main purpose OF the law, With The sole o,s Of
Profession, or whether II only mechanically select
ed in der 10 favour The nufciurer, whe The som.
modiiits consumed by bis neighbours, though equally
ut futs for tax for revenue, ara passed over in
hig ineidfn;sl arrangement Will not everv ing.nn.
mind s1ics that u the power TO Law duties
conferred on Congress for the sos pufpose reys.
nue. is violation OF its trust 10 mipgie any other
puross with That, as iDush as II would be fubs ute
an enfe new purpose for IN CongreO look with
one glance TO revenue and The other TO pTotesioo ~
the s0nsituion limit its power alone when
- tbus said that protection i object 10 be regard
ID tHeiaendHY Ia syirg dutsS, but that the general
PuTpose most s DO ieythue, wbo shall n orn u, how
much IN the motives Of Congress-, must be The m ain
urpoie OF reven8e snd how much may DO the iosi.
deuia' purpose proesior' How high NAV In in.
eiden's otes, rise. aud the law bs yet sonsulions
% az What point Tiil " have approached so rear fe
mao or The Only object OF The duty as 20 render tho
Law vQidi may be answered, possibly that tbs adj.
wisOn goes 20 hriher Than This! thai when CopKrets
has already resolved lay dulles, then IL may, ss .
subsequent rsrcluiion resolve 10 lay theIn such
selection VI articles ss shsll best favour siurep
bol would net such subsequent fes9Oion Dc wholly
eslde tom tic exsrsife Of powets
Wouid DOT be sesr imposition OF duties foy pEoiet.