Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1831-11-24


the constitution, and the strong reason ofthe case
have driven those who deny the power, even
upon their own mistaken view Of its source, into
the necessity Of making admissions which, wher
made, leave no ground for their argument. They
deny that Congress rghtiully lay duties fo
the sole or main purpose, Of encouraging manu-
iactures: but they admit at the same time, tha
Congress may lay dutics for revenue, and that, il
laying such duties, it may arrange them AS in
cidentaly to give protection to manufactures -
They admit, too, that Congress may lay dutie
not designed for revenue, but designed To coun
terail the injurious regulations Of foreign powers
Are not these concessions inconsistent with the
main proposition' How can it be longer denied
that Congress may lay duties for protection, after
it is conceded that it may arrange duties with that
view! 1t cannot be true that the power was given
for revenue only, and that it ought 10 be s,ictly
confined TO that object, and true, also, that, in
selecting subjects Of duties, regard may be had 10
a different object.
An individual in society is the consumer of a
particular foreign article; he finds heavily taxed
by duties, while other articles, equally capable of
producing revenue, are untaxed. Does it make
any difference 10 him, whether the article neces-
sary to him was seized on the main purpose of
the law, with the sole object Of protection, or
whether it was only incidentally selected in or
moditics consumed by his neiahbors, though
equally fit subjects for tax for revenue, are pass
ed over in this incidental arrangement Will not
every ingenious mind at once agree, that it the
power to lay duties was conferred on Congress
for the sole purpose Of revenue, it is n violation
of its trust to mngle any other purpose with that,
as much as it would be to substitute entire new
purpose for it? Congress cannot look with one
glance to revenue, and the other to protection, il
the constitution limit its power to revenue alone.
When il is thus said that protection is a fit OBJ
ject to be regarded, incidentally, in laying du-
ties, but that the general purpose must still be
enue who shall inform how much, in the motives
Of Congress, must be the main purpose Of re-
Venue, aud how much may be the incidental pur-
pose Of protection? How high may the Incl
dental object rise, and the law be yet cOnstitu-
tiona? or at what point will it have approached
80 near the main. or the only object Of the duty,
us to render the law void!
1t may be answered, possibly, that the adn,is-
sion goes no farther than this: that when Congress
has already resolved to lay duties, then il may, as
a subsequent resolution, resolve to lay them on
such selection of articles as shall best favor
manufactures. But would not such subsequent
resolution be wholly aside from the exercise Of a
mere revenue power! Would it not be a clear
imposition Of duties for protection! And might
IT not lead, to the consequences, since, un-
der this admitted power Of selection and arrange
ment, the whole burden Of the government might
be laid with direct view to protection merely.
The other admission, that il, that Congress
may lay duties 10 cOuntefuaH the commercial
relations Of other states, seems to us still more
decisive. This comedies, at once, that the power
to lay duties l not mere revenue power; for
here is one admitted case, in which it. may pro-
perly be exercised. which has no relation to re-
venue. Yet this is no particular or specified
power. The constitution no more points out this,
as being proper object, than it points out pro-
lection. lf it be provided for at all, it is be-
cause it is embraced in the general words Of the
grant. II is there, or il is no where. Laws lay
ing duties to cOuntervail the regulations Of other
states, are regulations Of trade. They are not
only Ike laws Of protection, but they are, EN-
phatically, themselves id,rs of projections
They have usually no other end or design than to
protect the manufactures or other interests of our
own citizens from the effect OF unequal competi-
ton or monopoly on the part Of other nations
Congress, then, upon this admission, may lay
duties with the single object Of encouraging GER
tain descriptions Of domestic employment or in
dustry, and it remains for those who concede this,
and yet deny the general power, TO show how 1t
is, that Congress has power, IN Its discretion, to
protect some classes Of industry, and no power, III
the same discretion and by the same means, to
protect others. But the admission goes still
further 1t not only furnishes an analogy for
the case in argument, but meets and covers that
identical case. The laws, so much opposed, and
whose constitutional validity is so loudly denied,
are themselves no other than SO many acts
passed to counterpaH the injurious CONNER
ciai regulations of foreign states.
The United States have not been the first to
Al, Al, oc Eraa havp ma
introduced into the world new modes Of lesisla-
ton They have not originated system Of pro-
lection; far otherwise. At the very moment they
had succeeded to throw Off their colonial bondage
and had established their own independence, they
found that their condition, so far as respected
Commerce, Agriculture, aud Manufactures, was
but partially bettered by the change, because they
found the ports of the leading states Of Europe
shut against their ships and products. They Of
fered free trade to all nations; but the nations,
with one accord, rejected their offer. Ihe sub
iects Of other states were protected, as against
them, by the law, Of other states; but they were
protected against nobody. II IL undenlably true
that this condition Of things was one OF the very
causes which led to the adoption oil the preseh,
government 1t j. unquestionable, as matter o'
historic record that one strong motive for iormins
and establishing the present CONSTITUTION was to
organize a government that should possess the
power Of countervailing thsse foreign regulations
by adequate measures. and thereby protecting the
labor and industry OF the people of the country
Countcrvailine laws were accordingly passed al
the very first session Of the first Congress; other
have been passed at various times since; one ant
all, they par,ake Of the same character; they are
all countervaiing laws rendered eApedient an'
necessary by the policy pursued by other nations
The Republic Is now composed OF thirteen n,
lions Of people, all the principal products Of eigh
or nine of these thirteen millions are, at this mo-
ment. shut out from the great market of consump
ton abroad, either by absolute prohibition or b!
high duties; and il j. to meet this state OF things