The Massachusetts spy. [volume] (Worcester [Mass.]) 1831-1858, 1831-11-23

OhS iitCso
Hence II was that the establishment of III
present government was hailed with the ut
most enthusiasm and celebrated in the princi
pa: cities, by all classes, with manifestations O
hope and jnv.
The earliest legislation IF the new government
a'ows and adopts the principles for which we hav
been contendlHg. The first important act on tn
statute book contains the following preamble =
whereas 1t Is necessary for the support Of gov
eminent and the announcement and protection o
"idniydcttres that duties be laid on goods and mer
chahdse." This preamble was written, supporte
and passed BY those who had come recently iron
the convention where the Constitution had bee
FORMED. They were carrying into effect thei
own instrument. They SEEM indeed for pream
bies are quite unusual to have introduced thi
LOT Inc purpose of showing the country that its ex
pectatIons would be fulfilled, and that the manu-
iaetures OF the nation would be protected. II
therefore, the existing laws violate the constitution
The original act violated it. If this charter O
rght be marred now, It was marred then, and mar
red by those who made it.
projection be unconstitutional, this law carrie
unconstitutlonaity in its front and vet not on,
member otthe 6rst Congress appears to ha We though
IL unconstitutional. la the whole course Of tht
oeoates, Protracted through several weeks, no on.
oppressed doubt OF the power Of Congress 10 lay
ouues for protection we may therefore affirm tina
the power was admitted by all Some articles were
'aAeu Tor revenue only; some for protection only
and some for both. The published debates show al
TINS, and as we have already said, every Congress
from that day to this, has recognized the same
power. Every President, beginning with him who
Is justly esteemed the Father of his Country has
sanctioned 1t, and most Of them have recommend.
ca us exercise, IN earnest terms. Indeed it has
peen constantly exercised; protection has been
given oy the registry acts; it has been given by the
tonnage dnty acts; it has been given by the acts
regulating the coasting trade; it has been Civ
en- TO the fisheries; it has been given to the cotton
OF Carolina; to the coal Of Virginia to the bemp
OF kentucky; to the lead of Missouri ard Illinois: To
The sugar of Louisiana, and to the iron of the mid.
cie, western and southern States and it hiss been
gwen 10 the various artizans, mechanics and manu.
lacturers 1t is now fortytwo years since this sys
TEN OF protection began and it has never been in
tefmitted or suspended, with regard to many COM
modites, for single hour Is all this legislation
no" 10 be deemed unconstitutional? Are all these
interests 10 be brought into jeopardy and perhap,
sttution - '"N N'A
moi only has Congress thus constantly exercise A
this power, bat 1t has thought ITSELF from the frat
under peculiar obligations to exercise it. II ha,
considered that it would be guilty Of plain breacI
oi outy II II should not exercise it; and SO it wa,
declared IN It's hrst session. This policy was more
earnestly enforced upon Congress because III,
States had surrendered their whole power on th
question, and were themselves prohibited from ex
ercslng It by the constitution itself since az the
could not, as separate States, exercise it we'll i
was taken away from them and vested in the ma
tionai legislature. 1t was said therefore and sal,
truly, that it would be fraud upon the States. !
congress, now the sole possessor Of the power
should refuse to exercise it. The constitution hae
declared, that no State should lay any duty excep
ior the mere purpose of enforcing its inspection
laws. Is It conceivable, that the people would
sgles 70 Deprive their own State governments of the
power OF protecting manufactures, by suitable reg
ula1ons OF trade, without the consent of Congress
ior any other reason than because this power wa,
intentionally transferred 10 the General Govern
ment! The doctrine now advanced, imputes the
sirangest absurdty, both to the trainers of the con
slltution and to the people. 1t supposes them in
STEAD OF creating new remedy for acknowledged
evils to have for ever abolished the poor but onl,
remedy which already existed. 1t supposes, tina
Instead OF giving to Congress, as was their ayowct
design, etectual power to protect manufactures
they did no more than prohibit the States from ex
ercslng that power, and extnguishiRg it as thin,
to be deprecated every where and altogether. j
suPposes them to have imposed new shackles OIL
their own limbs, and to have urrendered them
selves thus voluntarily bound to the mercy of theI
foreign competitors and rivals. We cannot yiel,
our assent TO opinions which ascribe purposes lik
these, or policy like this, either to The Copyen
tion or to the people.
1t only remains for us to add. that the public
Judgment has, at all times affirmed the existe
OF this power, aud approved its exercise Even a
ms moment, there is reason to doubt that nine
tenths of all the people hold the power to be con
stitutonal: 1t is, therefore, not only against tn
words OF the constitution, against the manifest de
sign ofthe nation in establishing it, against the uni
form sense OF Congress in passing laws under il
against the practice of forty years never STAYED
suspended, against the opinion of every tribunal il
the country, as far as we informed but it is al
so against the entire conviction of vast maiorit
OF the people themselves, that these new and wba
We think QanperOua ODlniOns ara he Cor
ward as the true doctrines of the constitution.
It's an error to suppose that the regulation O.
commerce should necessarily imply the denial Of
right to restrict, diminish prohibit any parcula
branch OF 1t. The suppression of any trade iniuri
Gus to the community, is as much a national con
Germ, and as valuable an exercise of power al m,
encouragement of other branches; and, indeed. il
practice It must often occur that the comforting o
special advantages upon one branch Of trade ma,
operate partially to the disadvantage of all 9th
ers. Such is often the effect of treaties that re
serve to the vessels ofparticular nations free entr,
TO our ports: the commerce with such nations i.
promoted to the diminution of the trade with 9th
ers not embraced in the privilege. This, however
Is lawful, just and profitable regulation of com
merce. Commerce includes all kinds of traffic
whether sustained upon the ocean in ships, OF
transported upon roads rivers or canals whethe
it belong to the system of domestic exchanges, o.
is conversant with the occupations of foreign coun
tries; and it is the appropriate function Of Con
gress to regulate it in such manner as their wis
dom may dictate, Unlimited by any restraints e1
cept those which the constitution imposes on tn,
power over the domestic intercourse Of the States
The regulation of our commerce with the Indian
tribes has subjected the traffic, from time to time
TO all such restrictions as the national Legislature
found it prudent to adopt; and yet this right O
regulation has passed unquestioned, though il ha
been directly exercised to the diminution of an
species of traffic that has been considered hurtful
it is nothing more than a regulation of commerc
to shape our policy, in reference to onr ntercours
with foreign nations, by such rules shall ncreas
the products of our own labor to an amount tina
may render them also the subjects Of fereig
trade, and thereby extend our commerce to ne,
regions, and give it new sccumulations ofcommod
tiles. The agricultural products of nation ar
not the only elements of its trade its manufac
lures may be as desirable to foreign communite.
and their transportation and exchange may becom
fully as valuable foundations of a rapid, enlarge
and profitable commerce. Why, then, should tn
power TO regulate commerce be supposed to be al
rested at that middle point between the prosecu
lion of an old trade and the commencement of
new one that may eventually, be rendered NOR
expansive, useful and productive than any other
| SucE a restraint would seem to be utterly incom
! patible with the genius and character Of any viz
orous community, but especially with that Of
young and healthy nation.
| Before we leave this branch of our inquiry, W
are anxious to present the constitutional questio
1 in one more point of view. The best exposition
the constitution is that instrument itself.
The tenth section of the first article Of the cor
stution provides that no State shall, toithout III
conAent Of Congress, lay any imposts duties o
| imports or exports, except what may be absolutcl
necessary for executing its inspection avs" TIL
limitation which is here set upon the legislation
! the States is within the control Of Congress. Til
i al l.l.. Il