The Massachusetts spy. [volume] (Worcester [Mass.]) 1831-1858, 1831-11-23
ADDRESS
OF THE FRIENDS OF DOMESTIC INDUSTRY
assembled in Concentien, at NeS York,
October &c, 1891

OF THE FRIENDS OF DOMESTIC INDUSTRY
assembled in ConoentiOn, at Ne,S York,
October &c, 1891.
TO THE PEOPLE OF THE UNITED STATES
FELLOW CITIZENs,-A numerous dele patian
from several States in the Union have conven.
ed in the city Of New York representing great
national interests which they are anxious. by
the most efficient hut peaceable means, to de.
fend and support. In addressing themselves to
the people of the United States, they invoke
their candid attention to several topics of grea,
national importance, without assuming any au.
thority ultimately to decide them; conscious
that their rcasonings and opinions can have,
and ought TO have, no other influence or force
than belongs to their truth ard soundness.
A system Of laws imposing duties for the
encouragement and protection Of domestic in
dustry, upon the faith of which large portion
Of the people Of this country have invested
their property and given new direction to
their labor, and with a continuance of which
are completely identified all their hopes of
maintenance for themselves and their families,
has been recently denounced as d" distinguished
by every characteristic which may define ty.
ranny, the most odious." The entire abolition
Of this system, vitality involving the interests
of Farmers, Mechanics, Manufacturers, Mer.
chants and all the laboring classes, has been de.
manded in tone that offers no hope of cond-
ton or compromise. A submission to such
demand, with or without the consent of those
who must be the victims, would be marked BY
such scenes of ruin and despair, as no one, not
blinded by the strongest passions of our nature,
could witness without conjunction.
We address ourselves, then, to the enlightened
patriotism of our fellow citizens in every part of
The Union; and we earnestly entreat them to
accompany us in the examination which we
to oft ha
ments recently put forth; appealing to their
clear discernment of truth, their high sense of
duty and their calm moral courage, to avert
tho evils that now seem TO threaten the pros
perty and peace of our country.
OF these topics, the first in order and the
greatest in character, respects the constitution.
al power of Congress to pass the laws which
are the subject of complaint.
As a constitutional question, the inquiry is
not whether the laws are wise or unwise,
whether in their operations they are always
equal, or sometimes unequal, or whether indi
viduais may not think them so wide departure
from just administration of the powers or the
government as to be, in an indefinite and loose
sense, inconsistent with the spirit of the con-
stitution. The true and real question is, do
they exceed the power Of the awgiver; and
do they, for that son, fail TO be obligatory
We dissent from the notion that laws plainly
unconstitutional may be yet SO framed as to es-
cape the animadverson OF courts of law. If
unconstitutional, their true character will ell
ther appear on their face, or may be made to
appear by stating The facts which fasten that
character upon them. And if the motives,
which are supposed to have influenced Con-
gress in their enactment are not facts which
may be properly inquired into TO give them this
character, the reason is not that Congress has
executed an unlawful power or yelled an un-
lawful purpose under a general law, but that
the general power being given TO Congress, to
pass such laws, the purpose of the law, like its
occasion, its duration, or any other part of its
character, is consti:utonaily referred to the
discretion of Congress.
The present constitution has been in opera.
ton with success not more gratifying to our.
selves than surprising to the rest Of the WORLDLY
for forty-two years. Twenty.one different
Congresses, regularly elected and appointed by
the people, and their agents, and the State
Legislatures, have successfully assembled to
enact laws under its authority. Seven distin-
guished individuals have been called by the
voice of the country 10 ;he chair of the Chief
Magistracy, all holding and some of them, on
various occasions, having exercised the power
of giving negative to such acts Of Congress
rs, in their opinion, transcribed the just limit of
legislative authority. During the same period
less distinguished for purity and talent than for
dignity and Importance, whose high function it
properly is to pronounce its solemn judgment
on the constitutional extent of the power of
Congress whenever any exercise Of that power
is complained Of, and the case is brought duly
before it. Most of these successive Cong ess-
es have passed laws similar in character, in de-
sign, and ia effect, 10 the acts now complained
of; and all of them have unequivocally sane
toned their principle. All these Chief Magis-
trates, in like manner, have, without doubt or
hesitation, recognized the existence of the
power; and no question of its validity has been
raised in the Judicial Tribunals 1t is under
this weight of authority, and this length OF
practice in It's favor, and after the investment,
upon the faith of it, of capital probably
amounting 10 two hundred and fifty millions of
dollars, that disposition has now sprung up
TO deny the power altogether, and to propose
If It's exercise be persisted in, resort to such
means ofredress as threaten the Union.
We cannot but persuade ourselves that be-
fore the American people abandon system o.
laws, now of long continuance, passed at diff
ierent times by the constituted authorize.
with the full appreciation o. the whole country
and especially before they break up their Gov
eminent and return TO state of anarchy, or
the ground that such laws arc unconstitutional
they will give 10 that question very careful
and serious consideration.
Before proceeding TO express the genera
views entertained on this important subject b,
the members of this convention, ii is not alto
gether embarrassing 10 inquire how far admis
stems or concessions have been made by thos'
who deny the existence Of the power, notwth
standing the general and positive terms il
which that denial is expressed.
II seems to us, indeed, that the plain oblcc
of the constitution and the strong reason o
the case, have driven those who deny the pow
er, even upon their own mistaken view of il
source, into the necessity OF making admls
sions which, when made, leave no ground 70
their argument. They deny that Congress
can righlfully lay duties for the sole, or tn
main purpose, Of encouraging manufactures
but they admit, at the same time, that Con
gress may lay duties for revenue, and that, il
laying such duties, il may so arrange them a
incidentally to give protection to msnufac
lures. They admit, too, that Congress ma
Jay duties not designed for revenue, but design
ed to eOunteypaH the injurious regulations Q
foreign po,oers. Are not these concessions in
consistent with tho main proposition How
can it be longer denied that Congress may la
duties for protection, after il is conceded tla
it may arrange duties with that vew' II can
not be true that the power was given for rcve
hue only, and that it ought to be strictly cor
fined 10 that object, and true, also, that, in sc