Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1831-12-08
.NE1Y Y0hK CONVENTION
Observation-Disclosures Of she TARHsF.

of the friends OF American Industry.
Having made the remarks on what is con-
coded BY those who deny the power Of con
eress 20 protect manufactures, and on the ef
feet of that concession, we proceed 20 pre-
sent The view which this meeting ea;ertains
on the general constitutional question.
BY the constitution congress has power, to
Law and collect taxes, duties, imports and ex-
cises' II has power also 'to regulate com
merce with foreign nations
The power 10 10y duties is accompanied by
one express qualification or limitation, which
is that al the duties shall be Uniform thro'
o,t The United States The power TO reg
mat. commerce has lis limitation also. which
i. that no r. gulaiion of commerce shall give
nre(errnce TO the ports OF one state over
those Of another; and there is mother llmIta
ton. which may apply to both clauses, name
Nv. that no export duty shall ever be laid.
Here then is a grant of power in broad
and general terms, bul with certain specific
limi,atiens. carefully expressed. But neither
Of these limitations applies N any manner.
10 that exercise Of the power which Is Dew
under consideration. Neither 81 then, or
u, clause or word by the whole constitution,
naaifcsts the slightest inteItlsn to restrain
the words so as to prohibit congress from lay
log duties for protection The attempts no
thing les than TO add restriction which the
constitution has emitted Who ba, sutheri
" 10 add tbis9 If other restrictions had seen
intended. they would have been expressed.
Wher the business Of limitation Was bs!ore
the convention, what was omitted was as
much an exercise Of intention as what was
expressed. II stated all he restraints Oh con
ctcss which il intended, and 10 impose sthers
now would he, not TO interrupt the const,u
tion, bat 10 change it; not to const ne the ex
i.tirg instrument but TO m sse another
The words of the grant being general. to
lay duties aud to regulate commerce, their
meaning is 10 be ascertsined by reference to
the common use and import Congress in
its discretion. is TO lay duties and TO regulate
trade FOR all the objects and purposes for
which duties are ordinarily laid and trade or.
dinhrily regulated IL such q tang was ne
yer before heard of as laying duties and re
sIlatins trade With view 10 encourage MA
nurtctnrr., then i might he saia that the con
yeA,ion did not contemplate such an exercise
OF tAa power By congress Bat Il was per
feefly knswn TO the convention auj the Pso
ne or Hi, country, that one ie4tiGs object
with all governments, in laying duties and
regulating trade, was and f5r long time
h
This was emphatical!y true Of England
whose language the convention spoke and
whose legal and legislative phr seol4sy was
theirs also. Ever, leading state 81 Europe
was at thai moment, regulating its connerec
Cor purposes Of this nature. Such purpose,
indeed, had been losg ssught 10 be accesi
phshed by some of the states themselves by
their own regulations of trade Ma.sacha-
sets had attempted II, y. York had attempted
it. Virginia had attempted II, aud we believe
other states had done the same How inef
fectual all their attempts were, for want OF u
Mon, and geaersl system WAS soon seen and
felt by the whole country. but they show 10
what ends. and to what uses the power 10 re
gaiais trade was understood 10 extend But
not onls IN sther nations, ant In the states,
before tue abolition Of the present consitu
ten, as we shall have occasion to show here
after. but in the u States since and IN the
administration of ths very constitution. re
galatons Of trade have been made, in almost
lnnumerahle instances, with no view to rev.
enue. bnt with a sole aus exclusive regard to
protection.
II our understanding Of the constitution be
not according toits true meaning, that instru-
rient has been grossly violated from the very
beginning What are all the registry acts,
with the houaiIes on the fisheries. but so ma
nv avQwed efforts 10 protect American indus
ny under the power OF regulating traseP On
what foundation does the whole system OF lbe
coastng trade stapdP The American ship.
builder aud ship ewDer has enjoyed from the
FIST, and we think property, not only protec
ton IN that trade, but the Ilonspoiy OF it He
shuts sat all foreign competition, and be does
81 on the grsund that the public good is pre-
maled by giving him this advantage. We
Thick hs IS eight IN asking this, and the gov
eminent right 10 granting it. Net this is not
free trade; it is preference; 10 protection, aud
projection Of a Manufacture snder the pow
er tc regulate trade The laws giving this
protection TO other manufactures may be IN
WISE But the first caanat be constitutional,
and the latter not constitutional Ii there be
power Of one, there is power for both. Both
are drawn f,sil The grant, both operate by
the ssine general mese-, and both regard the
saue object. the protection, aaTneiy: OF A1e
ricsn lahor aad capital against foreign CON
petition Ii II De SAID that ihe navigation act
is founded IN national policy aad dat IL u as
'sential 10 national dcieEce aad national Jade
penjence, re adnGt IL Bat we answer. 10
the frst place, that, Can gress could not exeT.
else q power moi granted, merely because il
nl!2ht ne useful or necessary; and, IN tao Sc
-coHa place. we say that The same remark is
true VI The policy OF protecting manufactures
Ihe policy, alae. is essential 10 national uiae
.Peaa nee Iroe hemp aud clsiatus for sail
ors and seIoaers are net less Indispensable &c
National tteace than Shape and slsB. Mo-
CO ~ the guueraA uss sf Language. thsn
IN az II "a T..