Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1842-01-12

| Jeet OF pi!cRIMtSAriSc DUTIES; delivered in the
House OF Representatives, December 81 and es
| lsIl.
A resolution TO commit much of the President,
Message relates to the subject of the Tariff be
| ing under consideration
| Mr. HUDSON oddicssed the House as follows
Mr. SPe0ker-l have, from the FIRST, regarded ,hi,
debate rs premature; and now, il the House AT,
| disposed TO pass upon tue subject at once l will
eheerfully yield the floor
| But, as gentlemen say EGO on,rI will cndoav,r %
present my views TO the consideration OF the House
The immediate question before US. is on the nn,e nd
ment of my friend ttoni South Carolina, MIR RheuI
| to commit 10 the Committee OF Ways and Means.
with Instructions, that should il be in their opinion
| expeien, 10 lay additional duties they shall be so
aid as not 10 discriminate in favor Of any particu
lar class of industry in the United States"
lhis opens the Whole subject of a discriminating
tariff The gentleman from South Carolina, who
moved ihcse instructions has met the question with
ms ohaIecierisc ftankness lie has laid the axe at
the root OF the tree. lie denies to Congress the
constitutional RICH, OF imposing duties which shall
discriminate IN favor Of manufactures. prnp. Sc
briefly 20 notice this position. The Constitution
s'Ees TO Congress the right "to regulate commerce
with foreign sations and among the several States
AS this grant OF power is given without limitation
u follows that Congress may regulate eommesce as
| !, pleases-may impose n high duty upon one arti
Gle, end admit another free OF duty. On any fer
construction OF this clause, the power is rs undcub,-
cd IN the cas-. o, discriminating duties as in the case
oil eee!aring taT or maintaining nary. This
power of discrimination IN the imposition of du,ie,
seems essential not only 10 the regulation but to
| the very existence OF commerce
Great Britain, W III whom are more intimate
| ly connected by commercial intercourse than with
any other nation, leis no opportunity OF protecting
J her commerce and her industry pass uni,nptoyej
This she does by fcsterin. her own commerce. ,rd
by restricting that OF other nstinns Look nj her
restrictions upon the commerce of the United States
While we export fish TO the amount of $500 600 an.
ruai'y, she ptohit;s lis importation into the Unicd
hincdom and, az the 'Me time, admits the products
! OF her own fisheries free Of duty. The whale fish
eries constitute no inconSderablc portion of orr
commerce; and how does she meet US In this cas-.
WITH tree trade . No, sir; she imposes duty OF
t2S l2s. per ton upon our OIL and admits ,hr saw.
article, the product of her own fisheries. n; dry
OF Is. per ton, maxim: discrimination OF f26 M
against the United States. Whalebcrc is ,noib, r
considerable article Of our commerce, but this is
nearly excluded from the English marke, nv her
oncrous eNiciicns. She imposes duty of Cos per
ton upon American bone. AMI admits the s,,re
article IRON her provinces at duty of CT nor ton
we exported TO Grea, Britain last wear tobacco In
the amount o! S3O77,Oo0. and she meets this ,r,i
eie worm from SIX tn ten cents per POUND w lin the
enormous duty of three shilnss sterling rer Mound
ana thereby raises revenue, on third of our
exported tobacco. equal II least TO the entire reye
rue o! the United States. The corn laws of Enc
'''''S H'S N"' wei NUutrSlOOl To rCQuire
they amount 10 a prohibition in ordinary cases
Will not stop here 20 inquire whether such ,sd re-
striclions are wise or uns'se; il is sufficient I, NV
nuTpose 10 know that such is the policy of Gre1,
Britain, anc ihHt II orcrates oPpressive'y upon our
commerce. Now, under thsse Circumstance. xh,
will say that the power ito re .ula,c commerce, os
not necessarily imply the power TO pass coun,e,vs;I
ING cutisai This seems Indispensable TO tie wise
regulation, and Amos; So to the existence of our
commerce.
II he nj
es This Al once, ny saying that TO regulate is moi 10
dsstoy Does the senilemin mean to insinu,fe Ina,
commerce cannot exist under tue restraint uf dis
cF'm'nlunS dutesl Ouv commerce has ALWAYS
oeeh "nneF ths restraints and has II no, gone on in
creaslns' Under the power 10 regulate commsscc
Congress may suspend Il. or If the gentleman nle,
ses, may destroy II for the time being What was
the embargo but 4 destruction of commerce for a
limited rot'odi What tie non intercourse laws
but 4 restriction much greater than any friend ~
protection pfoposes} And the c-ns.i,utinn,ii.
" OF these laws wiii not, OF this day be denied
hat question has been settled IN the most solemn
manner. The term commerce is general, and IN
c.toes eVsry article which goes into our foreign
''adei ard Ills perfectly competent for Congress 10
pTohioii the importation OF any che article, under
the power 10 regulate commerce. The fore sn slave
trade was considered by tile f;amefs of TIE Cons,.
tuition as coming under the general denomination OF
oomrnefct; ont so sensible were all parties that this
co0rercIl power gave Congress a rght tn nrnhib,,
the slave trade, that some States refused TO oIont
the Constitution until the provision was incorporai-
al. lSOS
But .ir, there is another clause in the Consri,p.
tion which seems perfectly decisive this subject,
"Consrsss Sha,. have power" says Tint s,cre1 In
sirument TO 10y nnd collec, taxes, duties mposts
and eIclses.' Here Is fol power To lay duties M
on imports, at any time, and 20 any extent IRE
grant OF power Is aoso u,c ana unlimited; attended
win no restriction whatever, save ,hat the duties
shall be uniform fhroushou: the United States"-
lhis would re suticen, Of iiselfto decide the oues
tioni but .he conex. makes the subject still more
clear Alter giving unlimited power 10 lay duties
the objects for which duties nav be levied are ~
pres:ly enumefated-"io pay the debts and provide
Tor the common defence ana general Welfare nj tho
United States" va
Yes, SIR, duties may be imposed for The two.fold
OH G. OF paying the debts Of the nation, and of
bro'iding Tor the common defence and general well
fare OF he people. |. IS harlow view of the whole
SUBJECT 10 suppose that the defence here spoken of
must be mere military def;nce. Congress has as
much power 10 defend our ciz.ns against the com.
msreal foicy Of any foreign nation, rs against Ler
military cFcIs'ions-ns clear a risht 10 p,oec, me
asan7; the pauper !ltOrefs Of Great Britain. as
aEans, her h.set soldiers. We build Ships TO pro
''ei our commerce; and can we not pro,ec, il bv
"ise cn4ctmtnts? Its absurd 10 say thtt we NAV
erect iOrs on 'Gc ss1bolrd, and send our shs upon
the ocean, 10 secure our property and ggasd our
commerce, Uli have 10 constitutional power 10 Sc
cure lie same end by counterTlng laws and dis
crmiusrns duties. Congress not only m, the
r2hi, b.; is bound 20 provide for the general vel
fare; and our Government would be wanting in r,i.
ty-nsy, Il would fail 90 securing tie object for
which i was creaied-if % cid no, encourage do
nestle Industry, urd secure 70 labor Iis lust reward
10y protecting % against the restrictive rD,icv and
pauper lbIf Of the old world
But the gentleman from S. Carolina disnoser ~
this ~ manner equally summary. Hc maintains
that u u were once allowed that Con,ress tnipbt
cscfm nate IN favor of mnnuf ictures then i, teoiJ
follow that the whole subject OF tsEa,.on was abso
lu'eIy tonffed 10 Congress- THIS s,a,erntnt. Mr.
Speaker, comes from gentleman who nror.s,es the
moot absolute, entire, unoounded confidence in the
people and can he not trust this question with lie
pecDIc's r. presentatiyes2
Here Mr. Ithei inrcrpo I'd to explain, ard stated
that he bad put the question even more Nro DIV than
u had been stated by the gentleman. His statement
vas that a. protection doctrine made majority Of
much
wei sir, his comes to the same thing: and the
genttmpn's principle, broadly stated, is this-thst
nO'hlng could he Submitted 10 the discretion Of Gun.
sfcss without onn'h latng the Constitution /, the
geo,eman unwilling 'hn' mniory should goye,nl
II this annhia'ss the Constituent NJ the gcnilema1
says, then tho Constitution IS amin ated, whence
cr my subject IS submitted 10 the GOOD sense n, II
judgment Of tho House, mud decided by majority
The gentleman from South Carolina would sci.
re this whole question AZ once. H. insists that du
lies Tor protection and duties for revenue arc not on
" different but ditetty opposed to each other.
"Whue protection commences revenue ce1ses, -
is the rentennn's maxim. II even goes so far "A.
70 maintain th't revenue is diminished lust IN pro.
portion a. you pro'oc, manufacturer. If you ex.
cude the whole Of any one article, you destroy all
tho revenue from that nrlrle-if you cxclde one
hall, you destroy ta Of the revenue-if one fourth,
H.. E..l. -