The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1832-04-10

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sy src years. I should not object to his hav
)os IL without paying aay thing. This turn.
(, g Of Jsy isborers aud tensnts into indepen
ben, free holders. 10 kind oflegislstive man
sf.ctur,ns I sm willing 10 encourage. and
shsn thoss gentleman engage 10 that, ! will
rot leg behind but ! know seho will-those |
vho wish to retain their present politicsl pow
or sad are unwilling 10 see the scep,re de
,sr' from them.
Before I proceed TO the discussion Of the |
&c s.ti,vtionsl question which has been intro |
Iacsd into this debate, | will say o word or
,wc to the Senator from Maine, (Mr. Holmes J
lie ssys that twenty years ago he was an ad
vocsle for the constitutional power Of the gen
srsl government, and now he hnds himself
on the same ground congratulate the gen
,lem,u UPON his return that sfier wander.
iuz aboul through time and space Tor so long
. period, he has at last foand himself within
tbs orbi, Of the constitution. From the best
observations have been able TO take since
he last became visible at this place, ] should
think, in his next transit, he will approximate
very near 10 state rights. Whether this viii
be owing 10 their power Of attraction or TO
the propellng power Of the King OF the
Netherlands, or TO both causes combined,
v;ll not undertake to determine.
Are tho existing Tariff laws constitutional?
II, my opinion that they are. sdvsnee u
with some diffidencs, because ] kLow there
are many learned men, both in nod out ofth,s
Eenate, whoss visws upon this subject ere IN
direct opposition 10 mine, lean discover bat
hrle practical good that can arise from die
enssion of this subject but as it hes been IN
trodaced snd my o'ind is satisfied upon II, J
can have no objection to declaring the opin'
ions I Ien,ertsin. ! shall deliver no philolog
ical dissertations upon the subject, as the Sen
s,or from Maine has done bot attempt to
show 10 the Senate that this power cxists. moi
only BY virtue Of the Constitution, but from
necesssity. The power TO regulate commerce
and impose duties on imported foreign srti-
cles, 10 given to the Federal Government ex.
pressly BY the Constitution and il has at oil
iisnes been considered as an attribute ofeov.
ercigniy possessed by every state or nation.
All nations have exercised il and had this
confederacy never been formed, each state,
a. q sovereign, independent government.
would have been at liberty to exercise 1t with
out any restraint, and for any purpose il
might Judge proper, The states discovered
that this wss one Of the powers which the
states could not exercise separately TO sdsan-
sons which operated 10 produce the Federal
Government. II was forseen, that If each
state retained his power. 1t would be exer-
eiscd vanously, and constant jealousies and
collisions would arise among them; and for
oign nations availing themselves Of this state
Of things, wonld succeed in destroying their
Independence. Itwss then agreed in Con.
c.nt.on, that this power Of regulating com.
merce and imposing duties, whatever II might
be, should be surrendered by the states to the
general government. This surrender or
transfer was made without restriction or lin.
Itation. II certainly was not designed by the
framcrs Of tie Constitution, that the state
povornmcn,s and federal government togeth
er should possess less power upon this sub
jsc, ihaa tho states then possessed and would
Lsve continued to possess, had each state re-,
named /. .eoss,is .asMs 'nS Unless 'bsg
-, I.-l"-,. ., one period unques,ionab!y
Ssfooged II the s,stssl some diminution was
produced, it is u fair conclusion to cay that il
properly belongs to this government for oil
the purposes and objects for which nations
have been in tho habit Of using it. II must
be admitted that no portion Of this power 70.
mains with the several states, because they
are expressly prohibited from imposing du-
ties. What then has become Of it does not
spper,ain to Tho general government?
] will here remark that prior 10 and al the
adoption Of the Federal Constitution, this
power had been exercised by Great Britain,
France, Spain, and all other nations with
whom we had intercourse; oil which was
knownt to the ftamers OF tho Constitution.
We are, therefore, as il seems 10 me, not at
liberty to suppose that !, was intended by
them that less power should be possessed. by
that government TO which they con6ded this
subject, than was possessed and exercised by
those nations with whom we had commercial
intercourse. This power is indis cnssb bic, and
without It's existence in the Federal Govern.
ment, there is no power in this country by
which tho regulations Of foreign nations in.
lnr,ous,o our commerce can be counteracted.
From 1889 down to the present moment, it
has been exercised, and until few years
pas: has never been questioned. II seems to
mo that gentlemen fall into ON error by mis-
taking the abuse Of a constitutional power
for evidence Of its unconstitutionality. The
states have no power 10 declare war ! tho war
making power is transferred by the Consti'
tuition to the general government ;-if Con
gfess shall wantonly and unnecessarily do.
clare war, II cannot be said that the act is un-
constitutional, or that Congress has trsns-
cended its authority. They have abused q
power committed to them-C Congress has
acted upon subject conhded to it by tho
Coas,;,sl:oa ;ani lat The improper exercise
OF it's discretion, tho members arc responsible
10 the people who can apply the proper cor
rective by the exercise OF tho elective fran
ehise. Further; law must be constitution.
sl or not when made; the makers Of il vio-
late that instrument in tho enactment OF the
law fnbc violated at all thence the law
Is imperative and void from its origin, on ac.
count OF its repugnsnce to the Constitution,
which is the supreme law of'hc land. But