Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1831-11-24
PUBLISHED WEEKLY.
ADDRESS
OF THE FRIENDS OF
ID o NJ T. TIC INDU s T IL Y,
assembled IN Conpention at .Ne,c-Yorh,
October 26, 1881.
OF THE FRIENDS o

FELLOW CITIzENs-A numerous delegation
from several states in the Union have convened
in the city Of New York, representing great na-
tional interests, which they are anxious, by the
most efficient but peaceable means, to defend and
support In addressing themselves to the people
Of the United States, they invoke their candid
attention to several topics Of great national in-
porance, without assuming any authority Ultimate
ly to decide them; conscious that their reasonings
and opinions can have, and ought TO have, no
other influence or force than belongs to their
truth and soundness.
A system Of laws imposing duties for the en-
couragement and protection Of domestic industry
upon the faith Of which n large portion Of the
people Of this country have invested their proper
" and given new direction 10 their labor, and
with continuance Of which completely
identified all their hopes Of maintenance for them
selves and their families, has been recently de-
nounced as distinguished by every characteristic
which may define tyranny the most Odious. -
The entire abolition of this system, vitality involv-
ing the interests Of Farmers, Mechanics, Manu-
facturers Merchants, and all the labOring classes,
has been demanded in tone that offers no hope
Of condition or compromise. A submission to
such demand, with or without the consent Of
those who must be the victims, would be marked
by such scenes Of ruin and despair as 10 one, not
bEndedby the strongest passions OF oar nature,
could witness without conjunction.
We address ourselves then TO the enlightened
patriotism OF our citizens ia every part Of the
Union; and we earnestly entreat them to accom-
pany US in the examination which we propose to
make Of the arguments and statements recently
put forth; appealing to their clear discernment OF
truth their high sense Of duty, and their calm
moral courage, to avert the evils that now seem to
threaten the prosperity and peace Of the country.
tt,.on tnn Inc HrsfI I'M
character, respects the constitutional power Of
Congress to pass the laws which are the subject Ot
complaint.
As constitutional question, the inquiry ~ not
whether the laws wise or unwSe, whether IN
their operation they are ALWAYS equal, or some-
times uneaual, or whether individuals may not
think them so wide departure from a just nd
nnistration Of the powers Of the government as
to be, in an indefinite and loose sense, inconsistent
with the spirit Of tho constitution. The true and
real question is, do they exceed the power OF the
law-giver, and do they for that reason iail to be
obligatory!
We dissent from the notion that laws plainly
unconstitutional may be yet 50 framed as to es-
cane the aninladverson Of courts Of law. IL un-
constitutional, their true character will either ap-
near on their face, or may be made to appear by
stating the facts which fasten that character upon
them. And il the motives which arc supposed
to have influenced Congress in their enactment
are not facts which may be properly inquired into
10 give them this character, the reason Is, not
that Congress has executed an unlawful power or
veled an unlawful purpose under general law
but that the general power being gwen to Con-
sress to pass such laws, the purpose oi the law,
like lis occasion, its duration, or any other part oil
its character, is constitutionaly referred to the
discretion Of Congress.
The present constitution has been in operation
with success not more gratifying to ourselves
than surprising to the rest of the word) Tor forty
two wears Twenty-one different Congresses, re-
yularly elected and appointed by the people, and
their agents, and the state Legislatures, have sue
cessiyely assembled to enact laws under its au-
thority. Seven distinguished individuals have
been called by the voice Of the country 10 me
chair Of the Chief Magistracy, all holding ana
some Of them, on various occasions having e1er-
csed the power Of giving negative to such acts
OF Congress as in their opinion, transcribed the
inst limit Of legislative authority. During the
same period a supreme Judicial Tribunal has ex-
isted, not less distinguished for purity and talent
than for dignity and importance, whose h'gh
function il properly il to pronounce ITS solemn
Indictment on the constitutional extent OF the
power Of Congress whenever any exercise oi tha'
mower il complained Of, and the case is brought
duly before It. Most Of these successive Con
crosses have passed laws similar in character II
design, and in effect, to the acts complained OF
and all Of them have unequvocaNy sanctioned
their principle. All these Chief Magistrates ~
like manner, have, without doubt or hesitation
recognized the existence Of the power; aud nc
question Of its validity has been raised IN the 'n
dical Tribunals. 1t is under this weight OF nu
,horty, and this length Of practice in it's favor
and after the investment, upon the faith OF IT, oil
capital probably amounting to two hundred ant
fifty millions Of dollars, that disposition has no"
sprung up to deny the power altogether, ana &c
propose, if its exercise be persisted in, resort t'
such means Of redress threaten the Union.
We cannot but persuade ourselves that before
the American People abandon system OF laws
now Of long continuance, passed at different tune
by the constituted authorities with full approba
ton Of the whole country; aud especially beior'
they break up their government and return to
state Of anarchy, on the ground that such law
are unconstitutional they will give to that ques
ton very careful and serious consideration.
Before proceeding to express the general view
entertained on this important subject by tie mem
hers Of this convention. il !. 80; altogether unin
teresting to enquire how Ear admissions or con
ccssions have been made by those who deny tn
existence Of the power, notwithstanding the gen
eru and positive terms in which s,iat denial Is ~
pressed.