Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-08-12

~ LINN Oh.dYIOyE:
[CoNriNUEp.l 80
The Constitution OF the United States having been
established Tor certain purposes by the people of the
several States, who then had and still have, State lie
gsatures, these purposes We're expressed and the pow
ers necessary TO accomplish them specially grant.
ed These powers are generally TO be exercised upon
national Objects as war, peace diplomatic intercourse,
ana foreign commerce. What concerns the lives, Ii
berries and property of the people, aud their interior
order, Improvement and economy, within the pro-
vince of the Legislatures OF the States This distinction
marks The great boundaries between Federal and State
Jurisdictions; although, in some instances il has been
departed from where was deemed eSpeden that some
powers which We're properly os-a municipal de-
scrpton, should be- exclusively vested in the General
Government, concurrently in IL and the states To
execute the powers of the General Government some
mes the means are expressed but this is frequent
ly omitted Congress, in separate paragraph au
thorzed o make all laws which shall be and
proper TO carry into execution the powers granted by
the Constitution Such being the character of the Fed
eral Compact, | know but one sound practical rule
for its construction the intention of its trainers 10
be collected from the nature of the instrument, and
tthe words used to convey its meaning in their or
binary accepiation As it designed, that only
certain powers should be conferred upon The G. ne.
raj Government, these powers ought TO be s,ric Iv
cons rupd-3ot With the suhi les Of verbal criticism
and technical r. fin "men,but they would be under
socd by individual OF good sense and inestiiv so
tha neither any addition should be mad. the qlsn
NY CT kind OF power given, nor power inferior In
degree, because inferior, be included wi hin greater
power which had been granted Where a power has
been expressly granted, il may be Leiiimaie.y exc
cut'd ny all The MEANS appropriately aud plainly
adapted TO The end contemplated by The power which
ars prohbi ed by, andwhish incon isient with
the letter and rit OF the Constitute In cousruiop
power, al discretion is excluded. II it exist il mus,
be founded upon the "lera scripla" of the compact
which being special grant for special Objects admit,
no la iiude OF in'erpre alton. BY these rules, which
have been anstoned by entertainments exp, sons
and which have reH recognized by iurs,s
and Statement AMI by solemn decision, Of the Supreme
Court lei fha onsiuton ,iitv OF the Tariff Aca Of
1924 and 1928. be tried. BY those who advocated
them, and ty whsse votes 'hey became laws, they
Were alleged 10 be authorized by the power so regu-
a'e commerce with foreign nations aud among tn. Sc
veral States la judgDg then OF The validity OF these
laws the question IL, whether power 10 regulate COM
meree, n's the passing OF Acts for the
agement oil Ameti=aa Manu- aetures in o!hsr words
whether q power, exclusively for the regulation of
commerce, be power for she regulation OF m anuiac-
tures' The statement OF this question would seem TO in.
voive It's answer Can power granted fer one OBJ
jeet, be transferred 10 another Iii can VIII ere i the Ii
imitation IN the Consfitu ion! Are and an.
ua<tnres as distnci az commerce and agricultural b..
ing is II not absurd claim the power OF gua,n
The one under power 10 regula the oiher' 1t wa,
sail 10 Congress that the connsxiol bstmte n com.
merse ana tnppuisc ures ia so igtmats that il capno
be severed, and that by legisa ing for
Sanuiaeuires, The prosperity Of commerce s pronoied
| ms may or may noi be The ca.e. Conmescs may
aud manufac lures So mi IL v be iLj"'io'. ~
ous commerce. but this Is 90, he pobsm to b.
solved The ques'ion is whe Their Congress havs au-
'hoi'y to regulate that which is not ommtted .hen
under power to regulate tia, which is committed 70
them, becauss there 10 an intimate come kim
between the subjects OF those powers Were this pow
er in congress the enumera ion OF tn .ir powers would
be usel. So. Agriculture, eoloues, capital machinery
the wages OF labor, fh4 profits OF SOCK the remit OF
land he puDctus performance of contracts the diHI
sion OF know ledge, Sc. all intimately conoected
with comm'rce Z, uld Congress, hen under a por-
er to regulate commerce, embrace within il all the se
subject? IL upquesionsbly could il a power for a
sPeehc purpose could be extended TO whatever might
be II timatey conf ecied with IT, To avoid This wide
absorption into the Federal vortex, must cenl,ue
the powers o. gress; strictly, lmi ing their opera
ton TO what paixy intend ID by The trainers OF
"A he Al
have used TO express Their msai *. Manufactures ar
as d''ine, brench OF iniunry as commerce.. With
some nations their IN lnuflciurss constitute a greater
interest than 'hsir commerce. Ifit had been design
ed that Congress should be- bori TO gul ie
utacures, is not the inference Irresistible that Cos
respooceni power would have been sp cally granted
TO them, npol the principles az The porer 10 re
guaie commerce has been specislly granted do
not contend that Congress, under the power 10 rsgu-
late commerce. sis lin ted 10 the position OF duiie,
upon imports for The sO!s purpose o, v nue.. | adj
init that in the exercise OF lhat power, thew NAV Law
eonnefvainS or reiaiia'oy duties upon imported ai
ces 10 neutral 20 or procure TIE repeal Of foreign
sretions upon our comm rec, ahO' the ence
should be diminutIon revenue; but these rsialiA
ing duties, 10 be cons:i'uonsl he imposed for
che regulsion Of c,mmotc-," Doi for The encourage
ment OF Manufacture. Tge power 10 regulate man.
rfae'uTes 10 having b,tn coDt led 10 Congress they
have no more ish' 10 aei upon l., Than th:y have 10
ih'eieTe with ihe sysioms OF education, the poor laws
or the TO Ia OF IN ats Congress say III, al.
vocates OF the Tariff empowered go Law aud col
lee, taxes dues, imposts aud exeise, 10 raise re-
veDu' This Is LeoDlTOyefiblt hut tbs revenue must
be raised to execute power tansd in The Conetiiu.
tio; AID Tiers IL in he Cou'in,ion 10 en-
cour1gs, or Iro.. c. or to meddle with manufactures
The iuent OF The Tariff Acts, wA' expressly, To bsne-
tbs manuac uter, AMI iheir fleet is reduce the
revenue. Had these Act' bssn Introduced f3r revenue
thsy would have been r. jeet.d. Tue Uni.e ed States
did MOI require an tuEmenia1n Of their reSshne; and
majority OF Congress would no, havs taxed the p,o.
pie, when the pubis insomc adequate TO he pub.
lie exiaenses II revenue had been the Undue I'm ant
he duties upon manufacture, w1tII Save been di
mni'hed not iner ased, for the increase Of these d.
lies, in many casss, excluded mpor a i1us aid " re
r so nteDded sgard the Tariff Acis az hey w re
reg trded by thoss through whose 30 80 ,bey w-r.
passed, aud pronounce them 10 b. roosd.ulioba up.
on the very oundS up wh CHI III y we're piopo,eo
aud carried. That they do not ape to b uneonsi
tu'iona upon heir lace, doss alter the fact
2Uy. Enumeration OF lbs evils re.ulinx fion the
. Tariff
"TDe Expo.i lou" ia enuinsta ,ipg hs evils aid, q
rom he Tsnh dwells hugely upon s1re, which ar.
eth eKaggeTa'td or ina i1ary. noice This wi n RI
ei, because iepdency is 70 mp,r he ~ eagih o.
tcoe obj ciou' 10 whsb are so Ia scor5og o Oh
Expo IN n he du y iSy eliofsed upon ex ports iu-
stead oil imports, no 0os would d0ubti Ope atioD
u would clearly "a on those rearing pro oct,
Tor oSeiu maTke and ice tobacco aud en-.
~ ute lbe gSfa mals OF o. such duy would
Ut Oocessi maniy ia the SOU hcr1 States, here
i0ey are exclusively cultivate iud prove iha; mo Ts
rb also falls them anost Vcy,i only neees.
sary 10 show that, Ear h@il iDeie Is tdIeetnsd
there ~ little or no difference lie ween import aud
an Export du y. W. tXpot 10 iDpOr'. The Obie IL
exchange # the fiui Ct labor for lhoJs OF obe
counTieJ dug, wbeibsr isil upon inn ,rts or ex.
ports, must TALL this exchange, and on which eve,
isid in our country must 10 realty be y ~ by The
American prOduce Oi ihs articles exedaig d. The
nsr 10 realty psys H., whe her laid on hs vendor ot
purthaier. Wac hsr Tho exchange be barter or sale,
direct OF e'fcui'ous' every nTa0os il mus, fall upon
be p-OducsT"
IL further ated in the Ex oo,, ion''-- hat the