Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1831-11-10

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OF legitimate authority. Under tina, iast head of
regulation were ciasscd all tho laws restraining
inc trade IN mauy articles TO tho mother country
or TO other colonies only--those lava OF ..commer
oi't regulations and restraint" as Burke call i,
thein, IN ono of his speeches the timo Anon 1T
theSo may DO specially noted tho Act ), Georuc III
TOT inc better securing of the trade of his NIuies
| .ys sugar colonies" called by Burke, on the au-
| .nor"y Of Governor Bernard, ian act of prohibit
| 'on, not OF revenue This act was precisely
similar to our duties upon tho sugar and rum
oil The West Indies for the encouragement of those
OF Louisiana, and tho wliskcy of tho middle and
western States, Tor 1t imposed heavy duties on the
produce of tho sugar islands of other powors for
INC securing the monopoly of this continent TO the
British West Indies. a similar exclusion upon
ioroisn manufacturers, grew out of the general
regulations of British trade. DIR. franklin i'm
one OF his papers upon the ALBANY plan of nu;on
Lob has thus summed up the matter. ave are
restrained in our trade with foreign nations and
where we could DO supplied with any manufactures
chcarer rom them, but must buy the same dcarer
from Britain; the difference of price is clear "a.
10 Britain" ~
Great Britain's monopoly of the su,,v If
clothing and the materials Of clothing form under
Tins head special ground of complaint in In,
colonial circumstances, especially those of the
lao ''at assembly OF Now York, which body, in
LOS complained Of ''boing obliged to receive from
britain all European merchandise, and csnecinliv
the grand article Of clothing" AT the samo tim,
'hey resolved, THAT the duties imposed by psrlis-
colony or;
ana ourdensone, and have greatly diminished tho
advantageous trade heretofore carried on with TIL"
toreign islands of the West Indies.-rJ oUrsal Of
| assembly Of New York, far 1763."
have quoted DR.. franklin in 1854, let us ow
observe his longmago in his famous exauina ton
before the House Of Commons, in 1766.
~ What will be the opinions of tho Aneri-
cans on those resolutions [asserting the right of
Great Britain to tax Americn.1
"A. They Will think them Unconstitutional and
unjdst
IL Was it en- opinion in America, before 1863
mat The Parliament had right TO lay taxes and
duties therel"
90. never heard any objections to the right of
laying duties to regulate commerce, hut right 10
lay internal lakes never thought to be in par
lament
90 On what do you found your opinion, that tho
people OF Anne lea make any such distinetionl
! IA know that whenever tho subject has occur
red in conversation, it has appeared he opinion of
every one, that we could not be taxed by parlia
mcnt wherc we were not represented. But the
payment of dntiss, laid regulations of com
inerce, was never disputed.
~ Can yon name any act of assembly or pub
lie act, making such distinction?
"a. do not know that there any There
was never an occasion to make any such, till now
mat you have attempted TO tax Tha. has oc-
casloncd the distinction in which think eucrv
assembly on the continent, and erery member in
ercry assembly has been unanimous"
such was the meaning which these wordsTbore
IN The state papers and public assemblies of Amer
ica al Inc commencement of the revolution. The
celebrated Farmers letters of John Dickinson
the most eloquent and popular political writer of
Inc day IN the middle colonies, against British
taxation, will show how they We're employed in
compositions addressed to the people at large, at
the same cventful epoch.
"Fho parliament unguestionabv possesses n le-
gal authority to regulate the trade of Great Britain
and all her colonies. | have looked over every
statute relating TO these colonies from their first
settlement to this time, and | find every
founded on this prIncple till the stamp act. Al
before are calculated to trade and preserve
or promote mutually beneficial intercourse be-
tween the parts of this empire, and though many 81
them imposed duties en- trade, yet those duties ere
'i"ays imposed with dcsIgnto restrain the COM
merce of one part that injurious to another
and thus 10 promote The general welfare"
Farmers Letters, No. III. 1767.
IL must not here be passed over that some very
few eminent wings, not more however, than three or
four On the whole continent, went further than
Dickinson, Franklin, and the colonial assemblies
Thomas Jefferson was one of these and amost the
only one in the southern and middle colonies
lie, and thc very few who thought with him, m
advance OF their times 'cnicd Great Britain alike
The power TO tax ana the power to regulate trade
Yet 1T is remarkable that these patriots too used
the very same words in the very same sense Mr.
Jefferson has told us, in his Memoirs that in this
ooeFinc nc was never able to get any one to agree
with him but Mr.. Wythc The other patrols of
Virginia, Randolph, the Lees, Nicholas, iendleton.
(G!l OF whom were afterwards members of the Vir-
sinia convention upon the federal constitution
agreed he says, with John Dickinson, and admitted
that England ''Iad right TO regulate commerce
and to lay duties for regulation" He ccnsurcs the
phrase regulation of commerce" but he argues on
1t as having acGrireda fixed meaning, and nclu-
Ging the regulating by prohbitory duties. This
very discussion and difference ofopiniOn must have
given still greater certainty to the force Of the
words conveying the contested power. In his in
stTnciions to the Virginia delegation in cong oss
IN ia he gives ''a view of those acts of parlia
WcHl Tor the regulation, il has been arctedly
called, oil the American trade" in which he speaks
OF ''thc duties they impose cur articles of ex-
port and import" and complains that the British
mad raised their commoditicsto the double of what
they sold for, before such erciuSrc Privileges, and
OF what better Commodities ofthc same Kind would
cost US elsewhere"
1t was bet few days after tho examination of
Dr. Franklin, above quoted, that Lord Chatham
IN one OF his most brilliant efforts of cIouucn nee In
parliament, adverted to the same Distinction
"Iherc ia PLAIN distinction between taxes levied
for the purpose of raising revenue and duties
imposed Jor Tie regulation Of trade for the accom-
da'on OF Tie subject, although some revenue
might undoubtedly arise from the latter"
This passage not only shows us the understand
ing OF the great English statesman in the use OF
these cords, but, this speech attracted much
attention In America, it wac calculated to make
Tie dstlnctivo and precise use of this phrase cur
rent and general here, had it not been so already
In liil, when patient TomonsirIncc was al
length wcaricd out, ana the nation called Tor bold
or measures, the memorable Congress of Indcpen
dcncc first assembled. Amongst their very first
acts, VIC ind thHir unanimous declaration and
resolves, claiming for the colonies ''iho free and
exclusive power in all cases Of taxation and inter
nal DOIicy.' iyrf! te add tI,,f