Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1831-11-24
+ Continued from 1st page. |


amend the articles of confederation for
the very purpose of conlerring this power
upon congress-; but these attempts had
failed. Hence it was that the establish
ment of the present government was hail
ed with the utmost enthusiasm and cele-
brated in the principal cities, by all clas-
ses, with manifestations OF hope and Joy.
The earnest Legislation ofthe new gov
ernment avows and adopts the principle
for which we have been contending.-
The first important act Oh the statute book
contains the following preamble -
'Whereas, it is necessary for the sup
port pf government and the encouragement
and protection of manufactures that duties
be laid on goods and mel chandize.' This
preamble was written, supported s. pas
sed by those who had come recently from
the convention where the Constitution
had been formed. They were carrying
into effect their own instrument. They
seem, indced,-for preambles are quite
unusual,-to have Introduce cedthis for the
purpose Of shelving the country that ITS
expectations would be fulfilled, and that
the manufactures Of the nation would be
protected. Iftherefore, the existing laws
violate the constitution, the original act
violated it. If this charter Of right be
marred now, il was marred then, s mar
red by those who made it.
If protection be unconstitutional, this
law carries unconstitutionality in it's front
and yet, not one member of the first Con-
gress appears to have thought it unconsti-
tutional. In the whole course of the dc :.
bates, protracted through several weeks,
10 one expressed a doubt of the power
Of Congress to lay duties for protection;
we may therefore affirm that the power
was admitted by all. Some articles were
taxed for revenue only; some for protec-
tion only; and some for both. The pub
lished debates show all this, and, rs we
have already said, every Congress from
that day to this, has recognised the same
power. Every President, beginning
with him who is justly esteemed the Fa-
ther Of his Country, has sanctioned it, *
most Of them have recommended its cx-,
ercise in earnest terms. lMdeed "
u exercised; protection
nas been given by the registry acts; it
has been given by the tonnage duty acts;
it has been given by the acts regulating
the coasting trade; it has been gwen to
the fisheries; il has been given to the cot
ton of Carolina; to the coal of Virginia;
to the hemp of Kentucky; the lead of
Missouri and Illinois; to the sugar Of
louisiana; to the iron Of the middle,
western and Southern States; aud it has
been given to the various artizans, me-
chanics and manufacturers. 1t is now
for!y-two years since this system Of pro-
lection began, and it has never been in
termitted or suspended, with regard to
many commodities, for single hour. Is
all this Legislation now to be deemed un-
constitutional: Are all these interests to
be brought into jeopardy, and perhaps to
ruin, upon this modern construction ofthe
constitution?
Not only has Congress thus constant
ly exercised this power but it has thought
itself, from the first, under peculiar obi
cations to exercise it. 1t has consider
ed that it would be guilty Of plain
breach of duty if it should not exercise
it; and so it was declared in its first ses-
sion. This policy was more earnestly
enforced upon Congress because the
States had surrendered their whole pow
er on this question, and were themselves
prohibited from exercising it by the con-
stitution itself; since as they could not,
as separate States, exercise it well, it
was taken away from them and vested
in the national legislature. 1t was said,
therefore, and said truly, that it would be
a fraud upon the States, if Congress, now
the sole pOssessOr of the power, should
refuse to exercise it. | he constitution
had declared, that no State should lay a
ny duty except Tor the mere purpose of
enforcing its inspection laws. is it con-
ceivable, that the people would agree to
deprive their own state governments Of
the power of protecting manufactures, by
suitable regulations Of trade, without the
consent Of Congress-, for any other rea-
son than because this power was inten-
tionally transferred to the General Gov IL
ernment! The doctrine now advanc-
ed, imputes the strangest absurdity, both
to the trainers of the constitution and to
the people. 1t supposes them, instead of. /
creating a new remedy for acknowledge
cd evils, to have forever abolished the
poor but only remedy which already ex-
listed. 1t supposes, that instead of giving
TO Congress, as was their avowed design, /
efiectual power to protect manufactures,
hey did no more than prohibit the States
from exercising that power, and extin-
yuish it as thing to be deprecated ev-
cry where and altogether. 1t supposes
hem to have imposed new shackIes on
heir own limbs, and to have surrender