Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1831-10-24

y an end OF the question. ~ thsy are not 80,
terms in tho vcrnacular language would be suiti
cicniy explicit to convey the power Had protec-
tng duties been specified in so many words, So
phisry might suggest, that protection might ope-
prohibition, and that these being different OBJ
ects any law providing sufficient protection would
be unconstitutional. Had prohibitory duties boon
specified il might have been objected in the
spirit of cav that prohibitions favoring one spe-
cics of industry were of equal bearing upon other
species and therefore repugnant 10 the spirit of
the Constitution. Thus there is escape from
the effects of casuistry to paralyzc the plaincst
| powers of tho General Government. The Bri-
fish Parliament, when occupied IN adjusting the
scale of their laws for the protection of
their agricultural industry, would hardly COM
prehend that they woro not engaged in framing
commercial regulations. 1t is not less Incompetent
sible that British laws regulating tariff upon
American corn for the purpose of home protection
| commercial regulations, while acts OF Congrnss
| applying maximum and minimum to imported
cottons and broadcloths will not endure the same
definition. If the natural course of American
commerce is disturbed by foreign regulation, laws
made to cvadc countcract their effects equal
~ commercial regulations or they are non -descript
Tho power in question was exercised by the first
Congress among it's earliest acts. IL has been rccog
nized by every administration and is sustained by
the uninterrupted prescription of forty years. If
this power DO not conpriZed i'll the rcctcd clauses
they will have operated, not as an alienation,
but an e1tinguishmcnt, on the part Of the States,
of sovereign attribute. 1t is not pretended by
the free trade advocates that State may lay
duties on imports, except in \ specified case
The States, then, having Invested themselves Of
| an armor, which other nations regard and wear
as essential to their defence, and which Congress
cannot use, must stand forth tho spectacle ofu
conicdcracy formed for the purpose Of regulating
commerce, and doomed to submit with passive ac
quesccncc to the restrictions and prohibitions o
other nations, by which their own commerce ma,
be crippled and destroyed.
18th. Resolved, That against the effects of law,
which upon their face variance with the ex
press provisions ofthc const tuition, must b,
had to tho judicial tribunals; and for security
dress against enactments rcpugnant to its spirit
lief must be sought from the people themselves thro
their representatives,. These remedies are the onl,
and ultimate resources OF free governments 1t is
! libel upon such governments, and the people win
support them, to maintain that Interested corrupt
ed majorities capable of persevering in cours
OF Legislation which experience has proved be un
Just oppressive upon the minority, or of yelling
under delusve titles, unconstitutional acts for TIN
purpose of GLIDING tho decisions of judicial tribu
nails.
5th. Resolved, That in whatever result publ
opinion may be destined ultmatly to rest, upon TIN
expectancy of continuing the protective systenl
there is no present urgency requiring immediat
or sudden change of its important principles. Thu
lar 1t has wrought no palpablc injury. The countr
prospers, Gf its foes will so have it, despite of tn
system While on the one hand overwhelming I'll
in would follow IFS abandonment on tho other hand
no serious evil can be apprehendcd from an adler
ence to II the next two years. Congress will then
rcorganized under new census. Time will be a
forded for calm dcliberation and information to a
parts of the nation. And the advancement of tn
''wcalth ofnations' being the test of the wisdom
any system ofpotical economy, the people at larg
will be then Gt indeed they not already quaif
Cd To estimate the merits of the American System
by that uncrring standard, supported by conviction
founded upon experience. and relieved from tn
danger of being forced to enter upon a path un
troddcn yet by any nation, relying for guidanc
upon the troacherous light Of dazzling theory
new Congress elected under these advantage.
and bringing with them the ripened opinions c
their constituents, will be prepared decide upo
the claims of the system to continued support, an
to reform whatever may be found dc fectiye, redur
dant or oppressive; whether originally incorpor;
ted with it, through the inadvertence fits friends
or the cabals of its enemies, anxious to plant with
in i: tho seeds of its destruction.