Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1831-11-10

part for Tho whn,c the idea of novi.ntion simpIv
! 'i"' vi Scm'ncrce; Tor they seemed TO consider
| me laws 81 commerce as EXTENDING mcrelv ,o
sm9Fng; transportation, and internal communities
ION "uh"ut the reference to tho commodities
which form tho objects OF trade
"hon II was denied. ~ you hav, ,s,eiv don.
nat 'ie power 10 Regulate commerce could in cu,i,
| 'hc encouragement OF manu- ractlrcp another md
suoSia'ti-c part of policy, II seemed to me 10 be
sufficient ana satisfactory answer TINT u ,,nou
commerce alone, not upon manufactures That con
Sres' has power TO act; bat tho whole p,ver of
! action UPON that subject being given the cnd mr.
."".iVe % such regulation is matter entrusted to
,I"is''''Vc discretion wholly; whether it no with
't'c view OF rotI'iatng upon tho unjust ,uie- of
"'hor na'ionS, cr the encouraging OF our own
ahric", or tho preparation for war or nossihly the
preservation OF public health. This ia power
""uoupss' exposed TO Perors abuse, but still less
| 80 than that of war, OF droct tax,tion or OF
contracting debt, and like those ono ,yl,ich pvery
nation has thought it cxpcdicnt 10 lodge soire
were Thus, war debt, Ike that OF ENGLAND
! Would require mposis cunrors ia any rcstric-
''SH S?stcin can impose, coupled with tho burdens
/ rt heavy excuses anu oppressive internal taxes
ct tho only guard agains, suc., abuse is TO 10
iount III the discretion ne congress, and the watch
iulncss 1t their constituents.
hen TO these objections il was added (.s in the
address of the ato Free Trade Convcntion) that
'she power to regulate could not irclpdc tho pow
RIO a"nih'lac tho o,iccts il was inton led 10 pro-
'ec', IL accTHd - again TO &c e III oie: nj an
'"eF, that no tariff yet had in view the anuifa
non of oonro-ce, but either the looping of GER
tam branches of it, or the turning them into now
dsFecions-the sacrifice frequently of port ion OF
iioreign commerce TO promote and incease that
between the States" Esv when | considcred
HAT great public emergencies might dictate the
necesei'y OF long and almost universal embargo
tor the sake Of peace, or for thc Drc.eryat al, Of
Inenrahty, for the preparation for war or for pro-
teotion against foreign pestcnc- hes;tatcd oven
TO denJ the power o total prohibition nu rious as
iho abuse of ii might DC.
Ent Without going farther into speculative res.
| tlOurEt fh,,t .i,.N IL 49,
acccp!d!Ion OF thu words used in our constitutions
as thcy are employed b. good writer's an; in popu-
lar use, deciied'y iucuded hn diapu;a, pow ar 1t
IS remarkable TIM; Adam Smith the great fa,her of
tho doctrine, of FREQ trade in thor widest ex,cr,
IN the very chapters and passages o.: his Woaith
LOT Nations in which ne do nonncSs the restrictions
and prohibitions oftho British and other European
tariffs repeatedly and throughout calls them uc
| gilations Of trade that similar usc of IN,
phrase IS to be found in Burke, and almost all The
! Ingsh political economists and statesmen down
20 our own days; that in the official commercial
digesiG of the revenue laws of various countries
/ published both by the British, government and our
own iAe prohibitory and protecting tariffs arc elias
sell as commercial regulations; and that this use is
50 Xcd "n> incorporated iii onr language that oven
~. cooper, OF South Carolina, in that Charter of
ms work on political economy, in which he has
summed up, with his accustomed power Of lucid
ana condensed reasoning. all the arguments against
| encouragement OF manufactures, by mpost or re-
sFIcion expressly calls such ''prohihition= on i'm
p"rlation,' governmental regulations, and adopts
as bis own the very language of Adam Smith.
| iCOapcT's Political Econor,g, y. 1919
nevertheless the consancy and confidence with
winch tie conatIiutIonall'y CT these laws was de
med, tho high and mcrcd authority OF many who
maintained This doctrine, my rcluc;ancc 10 al
20" 10 inc federal government power subject
to misuse; all combined TO induce me- certainly
not 10 Change or suspend my opinion-bat 10 pre-
vent any confident public expression OF it. and to
Keep my mind open to conviction. | could no;
"ut presume that there might yet be some argument
10 which had not allowed is duo weight or some
ro'Iiiv" evidence of the intontics cfaho trainers OF
the nSli'u0n, familiar older and ADLER polit;
clans. ta; which hG, not vet been stated in snE
iiccnt ioTco 20 he clear to my mind. 1t was to
this last mode Of proof that chiefly looked Eve
ry days experience had taught me that words,
which appear to he thc cleercs. and most direct
that could be selected, may yet, from fact or
circumstance familiar 20 those who use them, have
Il peculiar or mitcd meaning, widely differing from
that wich they bear in general ute.
1t WAS in this disposition Of mind. and whilst in
search Of some such external evidence Of tho in
tcnion OF the founders OF oar constitutions that
was accidentally led by the pcrrlsal Of the early
i>:Pionatic Correspondence OF the United States
lately published by order of Congress, into a dis
cnrsiye hut extensive study of the history and
state papers of tic Revolution
The ou,i1> OF that ro-o Is narrative Is familiar
TO all of Us from childhood; but, Judging from
m? own observation and experience, | fear orr
pest educated citizens are more coaversant with
the contests Of Roman Athenian politca or
doris and Siuarts than with the details of the story
OF our own Independence as set forthsin its oriq.
nal rccords-those models Of political wisdom and
simply majestic coquenco, the speeches and state
papers OF the American Revolution.
/ cannot otherwise accoEnt for the stranre
oblivion ola fact, which had myself hitherto
overlooked, but the proof of which now flashed
upon me from every quart:r. 1t is this; that the
words "i orr constitution comforting the several
powers of laying taxes duties, itnposts and x
cscs," and OF "tho regulation of commerce."
we're not accidentally selected, used in any loose
and popular ecceptation, but Chat they were the
earliest phrases of our independence, and had ac
CURED, by repeated discussion and legal and par!ia
men:ary use, precise and definite meaning. Such
beng the established meaning, in this sense alone
could ihoy have been employed By the great men
OF the revolution, who framed our constitutions
and in this sense alone they must have been r.
ce!ycd blythe rcoPle who adopted it. In t +is Pc
cuiiGr scHsc then, the imposition Of du ties for the
restriction of foreign trade and tho fostering OF
other interests was included.
Let me call your attention to Tie -proef of this |
asseriion-far indeed from the whole proof-but /
merely such of the prominent points Of il as
may be consistent with The limits that / have pro-
posed TO myself in dis letter.
Every American knows that our revolution had
us origin in the denial of tho right Of tie Brtish
Iarhamcat to impose taxes and i,nposts" upon
INC co'oHists, who were nnrcPrcscntcd in tho Icrs
latfc councils OF Great Britain. This rneston
was first distinctly raised in 1863 ly tl;o imposition
to tic e a'uP tax which was laid upon the colon
isis Tor the purpose Of revenue" But bc fore thi.
time, rs Chi"Gjustioc Marshall has informed us !
I'm the middle and southern provinces trc author.