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

,ho.e who pa,sed H. IL not such a notion new! How
are we 10 ascertain the motives Of legislaturel BY
private enquiry by public examination; by sopjsslure
Tho law may be Passed mixed mo,iveG seme
me mbers voting Tor revenue; for pro,eeiion, or
one house may ae, with view, and the other house
with another. wha, will be the character Of such
law!
According to ,his theory, II the motives DO con-
s,utonal then tho act il; u the motives be uneonsu-
,u,iOna' then the as' Is uDsOn. i'u'iOnai also. l.
t.llows, therefore, tina, law pss.ed by one Coogre"
may be ecn,,iutons', which, II passed by archer,
though In the words, would bs uneensh'u'
s,utioual for its omissions as we'll as its enas,n ents
because, in laying duties, articles may he omitted a.
well articles inserted, from de'ign to favour manu-
se,ure'.
We may pursue this inquiry a sep farther.
In order 10 ascertain whether an act were passed
primarily Tor revenue, tho soDsrupg power mus, be
au horzed TO inquire whether that revenue be neees
sary For II il be eonseded ,ba, Congress has con-
sh,uiona power 10 raise indie finite amount OF revo
nue sueh a concession will cover any syssem Of mposs
tha, may DO adopted The right 10 raise
than The expenses quire implies the
exercise OF power 10 tax under srsums,apecs In which
the rasng oil revenue cannot DO a primary purpoie,
out 10 wbtsh purpose to protect industry, or In oher
words, what has been called the incidental object, may
DO render 10 effect, the principal OF the tax,
although yelled under the revenue power. Fer hese
say II follows table sonse que
under this view Of the OF the protective power
that The eon,,i uonaily OF any system Of imposIs PRO.
essing TO BIO directed to revenue, must depend tn.
ment or not.
The .,a,smen, Of sueh quenss is sufficient to
show wha, endlep difficulties must embarrass The OPP
eratons Of the goveDmt mt in de flung the limits Of
This entail proe cop, which has been allie ged be
he only proe son that the consitutiou allow, and Of
itself affords, what we sonseive to be- an unsnswerabe
argument against ferriDg the right to project industry
exclusively TO that clause OF the constitute which
'for'zes Congress 10 lay impos" for the purposes o.!
revenue.
To determine whether any prspo,ed amount Of revenue
be necessry would, in great number OF eases, prove
huitfu source Of ious and sontrovsr
'y One pary,-eonceivjrg II wise to improve tho face
of heir territory with expensive roads and sanas to
provide for ihca,ons and tho munitions of war, and
accumulate treasure In the citation Of national diff
heul'ss,-would find good reason TO maintain tina, a
large evenue was Indispensable 10 the ion. With
this party, high and burdensome OF imports fully
adequate 10 the most extensive protection OF manufac
lures that bas ever been a.ked fer, would DO sonsi
party, more thrifty in their policy, holding that the
pepdturss Of tho Government Should be graduated to
he lowest practicable scale OF economy, would contend
that nothing should be raised by duties above tbs ordi
nary supplies necessary for tho pay Of the publs agents
With ihs class, all the excess, above the that ,be
msh' hod 20 DO necessary, would be the fruit OF an
uneons itutiona tax Who should judge between these
col is,inx opinon,' II ,uch the limits upon the
power OF Congress il would be true, has besn said,
tha there misht be acts in violation If the Constitution
whish would elude the notice OF the j-deiai tribunals;
but IN, evident absurdy the tgh 10 ex
ersse fundamental powers TO vague and IDLE
standard oil Interpretation, furnishes of the
MINDS OF hose who framed eur Con tuition.
pur,uir the investigation, IL will be found that the
dmculy attending tile notion Of the source Of the
protesting power DOES not end with the mpr
OF determining upon The necessity OF revenue. goes
still deeper. II 10 affirmed, no doubt with truth
that reduction OF duties upon lhs nssesares or
ionsry iuxuries OF nation frequently increases The
venue In such an event. tho defenders Of tho po ion
THAI the power OF Congress is limited 10 the supply OF
necessary reveRue, will fnd themselves Unexpectedly
pu, IN possession OF surplus income which, according
the assumed principle they had rig hit 10 raise; and
will bs apparent that 'hs people will be even mere
faxed than they were before; for the duty having been
rendered productive Of larger amount Of revenue 10
me government, greater aggregate sum will have
been taken from the pockets Of the people and il will
then be found that Congress- ius,s OF less.nng the
public bur hens by 'hsr redus,on OF duties, will have
only bsen encouraging The consumption Of a greater
quantity OF the taxed article. A large consumption
WIN small tax being, In this ease, than squiva
lent - a small consumption wi large tax. And thus
IN spite OF all The precautions whisb the serupu-
ous guardians OF the Constitution may exersisc, The
publie une onsres against their will and with the
coDseehhous dssre TO avoid inasiions OF The law will
oftenmes be faed TO discover that they have produce
ed Unconstitutional results The only remedy for whi.h
would seem 20 abandon this ntIas able mode of
by imposts and resor 10 direct upon the people,
AS long, however, as such results may follow The
ducuon OF duties, 1t will be seen that system which
merely increases the consumption Of imported
tiles whou, dminisbing be revenue will be- in effect,
the adoption OF policy for the encouragement OF foreign
industry Aud we nigh, here pause and ask, whether
can DO supposed that the founders our Government
intended TO give power 10 Congress adopt a seht
OF policy directed 10 The Of eign labor
by scale OF low duties, without also allowing to that
oody afighf, when they found II nieDt, TO
sourage domestic industry by higher scale Of du,es
Let those who answ; ihs que s,ion in tho aft mativ
sho" some renson for The opinion that the convention
when framed tue ConSilu,iop, should set value
uP7n power TO ensoursge foreign industry, under any
possible necessity TO exereise il, than upon a similar
Powsr 10 encourage and protect our own.
We think We have said enough TO indicate the PERM
siou 'ende nsies OF the doctrine, sustained by many emf
nen' ez'n' OF cur land, which ascrbes The right TO
protest domestic Manufactures solely TO the revenue
power son'erred by the Constitution upon Congress-
and have demonstrated thar this error il adopted, mus
lead ihe public func ionaries into prassal embaass-
menh entirely iIresoDclabe with wholesome admin
isration Of the laws
with view TO show that the profession OF manufas-
turing industry 10 mainly referrible 10 the power 10
regulate commerce, aud was intended TO be embraced
by The slsuse Of the Constitution that invests the ru
P'eme lesisia uro with that power. 10 addition TO the
suggestions that have are ade de en- il not
upPrth able br fly TO reeur TO the history of the coun
try from which we shall derive lights that may guide
us TO The most uneTring conclusions in rmaon Of
our doctrine. The narrative Of events from 1888 10
1907, the Circumstances attending the adoption OF he
Constitution and The range OF its early ope
YET In the hands Of ito hors, SfTd a mass of testi-
mony that Congress has but responded 10 tho expeeta-
non' OF the sountry In so regulating trade furnish
our owl labour.
The regulation Of commerce was not new term in.
vented oy The trainers OF tao Consti uiion Ii was at
the time OF the adoption OF that in,tument by the peo.
Pie term familiar TO their Apr and m
upon their Understandings, by the strongest comment,
mat the history OF oppression could furnish. The war
Of the revolution, that had just closed sprsng out Of
'he col hs's IN whish this subject had been pre-.
sented, In the sounile8 forms wheh an epgro,siDE
ioPls OF complaint may be supposed TO assume 10
inc discussions OF an excited and rebeIing people
inc same subject had been canva,sed ia the British
Parl'ment until argument and defamation were ex-
hau ted. The mother souniry had regu ated the com.
merse oil the colonies, through series of odous and
unieolins restrictions, for than a century, until
the PhrAe had acquired The nolofiey OF a hateful
grievance She had fetiered their trade by cruel pro-
hbilions aud controlled Ihnr .nhnr hu ~ -