The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-03-12
The Hon. Levi Woodbtsry's Lecture upon
Free Trade.


we proceed to that portion OF it which commences
with the powers of Congress TO regulate Commerce.
The power to regulate is not power to destroy.
An authority 10 regulate commerce Is clearly not
one 10 prohibit il. Regulations must also be uni
form and equal, rather than partial or exclusive;
and their design should confessedy be 10 encourage
instead vt lessen trade and to impose only such rules
on intercourse are necessary TO secure the public
health public morals and the safe collection of
the public revenue. | do not deny to any. GO
vernment powers like these, and II fairly exercised,
they may, without injury, be extended in almost
every country to the exclusion of the import OF poi
sonous drugs, like that In China of opium, dam
gerous to health, as well as that of vulgar and
obscene prints or works poluting the Imagination,
and dangerousto morals. But too much regulation,
like too much legislation, and too much governing,
is ofcious, intrusive, Odlous, and Ill ADVISED no less
than yexatious to the community. The exact Ii.
mits, however, In such cases, under our system OF
expressly delegated powers, is more difficult to de-
hne, and is hardly necessary at this moment for any
practical purpose OF free trade though is clear that
a few plain simple rules, like those in the great law
OF NATURE accord best with the disposition of man,
and the interests OF society. But the other autho
rlty to impose taxes one that is necessary in all
governments, and is, from the wide generality OF It's
use, more likely to be perverted. 1t has been in
fact. and repeatedly, more subjected to abuses,
which have impaired free trade both at home and
abroad. 1t therefore requires greater watchfulness
The usual method OF applying It so as to trench on
the established principles of free trade, is by I'M
posing unequal duties on the imports of foreign mer
chandZe; the power to collect taxes from lands,
excise, stamps, and the post office, have so seldom
been used by the general government, that their ex-
ercise, as bearing on freedom in commerce, has sell
dom been much scrutinzed. But the power to col
ect taxes by mposts has been exercised constantly
by it. II comes directly into operation our TO-
reign commerce, and as those imposts reach and
burthen indirectly the exports, the duty bears on
our domestic as well as foreign trade. Without
going here into the examination OF this in detail and
seeing how far the theory be sound, that all this tax
falls on exports, II IS certain that much OF 1t falls
them merely by falling in common on all who con-
sumo, as the producers of the exports are the most
numerous consumers, &c. The right to assess such
duties is not questioned by them. 1t is expressly
exercising it al all has been doubted by many be-
cause the tax being felt only indirectly and circui
tously by the community at large, 1t becomes less
visible, and is therefore less opposed, and the extra
vagance in expenses leading to it ls for like rea-
son, less noticed and less checked But the burthen
the people in the end quite as great as in other
forms of taxation, and falls in larger proportions
the mlddling classes, who consume nearly as much
per head as the rich. 1t thus operates as masked
poll tax; and the power is one very open to Partially
and abuse, by means of the determinations intro
duced between duties on different articles. These
considerations certainly possess much weight against
Its expedlency. But as the States exercised the
power before they parted with it entirely to the
general government, and as the latter has al
ways since used it, think the fair inference
must be, that tax on imports is not only
under certain circumstances, is expedient.
Adam Smith, the great champion of the free trade
SYSTEM did not deem moderate and equal tariff on
foreign imports conflicting with its general prin-
cples. But what is the extent to which such tax
Is JUST as well as consistent with,the principles of
free trade? The tariff in that kind of property
ought not, as general rule, to exceed much the tax
imposed on other kinds. Such an amount of import
does not prevent trade from being free equally with
all other business, because taxation lis necessary
incident to the enjoyment and protection OF all the
labours of society, and when equal. allows equal
favour and participation to all, and merely makes
all pay In just ratio tor the ordinary protection of
hte, liberty and property. The practical motto,
then, In my opinion, Is not tree trade and duties,
when taxation becomes indispensable for revenue to
maintain an economical administration of govern
ment-but free trade and lou dunes"-a tariff for
repenue alone-and that to meet only frugal rate of
expense, and imposed so as to render our mixed
forms OF government to bear only in due proportion
with taxation generally on other property in the
country. departure from this would usually de-
stroy the great principle of equal taxation, and EN-
barrass or interrupt free trade: 1t can only be tole
rated, therefore, when IT takes place, In order to
enforce some great and legitimate object Of taxation
ltselt-such as burthenlng highest luxuries rather
than necessarles, or burthening highest what is
consumed by the wealthiest, rather than the poor
and middling classes, when it takes place to en-
force some other great and clear duty of the govern
ment such as the Encouragement Of what is plainly
injurious to public health or public morals. But the
ordinary rate OF taxation most other property in
the States, is not five per cent on its value,
and in most cases is less than one; while by the
existing tariff, the tax on imports seldom less than
twenty per cent. Cor more than four times the high
est rauo.) And II lls in some cases forty, fifty,
eighty, and even 100 per cent. All this is still more
dsproporoDate and fuller of oppression to the mass
es as ii is usually imposed not on either uxurles or
articles prejudicia TO health and morals, but on such
great necessaries of life consumed by all classes al
most alike, as sugar, salt iron, cottons and woolens
The tax imposed on imports before the constitu
ton was formed, never exceeded ten per cent, and
ll,y lnc1 o.IE Dv
seldom, if ever, equalled twenty per cent This is
not theory but recorded legislative truth Yet now,
at moment when We had deliberately returned
from high excuses to something like that rate, and
other nations under our example and their own ex-
perlence were approaching by reductions, the same
rate, it is calculated to alarm the friends of free
trade all the world over, TO so sudden revival
ola tax on imports more than quadruple that on
other property-much beyond any precedent in
l7S9-and indicated only by practices of darker
ages and darker countries in the science of political
economy. 1t is resumlng what was called the
mercantile system a century or two ago, and which
was then abandoned under the increased lights OF
reason and experience. The manufacturers now are
thus receiving the cast-o clothing OF the merchants.
The last class is in this respect tar ahead OF the for
mer in liberal ideas, however equal both may be in
patriotic designs; and the agricultural interests
though less active than either of the others, has
been the least jealous of the three to compe-
taxes on imports should be light and cautious, as
they operate in general like burthens consump-
ton, and hence on income. Because income from
some source or other, pays for consumption, and in
this mode OF taxing necessarles high as well as lux
uries, consumption cannot be avoided by the poor
and middling classes, and they are obliged from
their small incomes to pay almost much as those
with the largest. Such taxes should be light, since
they operate like poll tax in disguise because SALT
sugar, iron and woollens so highly burthened by the
present tariff ARE consumed almost in equal quantities
per head throughout society The chief justifca-
ton which put forward for such an outrage all
fair principles of taxatlon-and one injurious to
free trade in such vital articles, the pretence that
thereby peculiar protection is given to the domestic
manufacture Of them. But this never be salts
factorily indicated under constitution which en-
powers tax by tariff, only in order pay the pub
lie expenses and public debt-and which no where
gives authority TO protect manufactures any other
branch Of domestic industry, by a tax for that OBJ
ject. II leaves such protection TO the States Ex-
ercised elsewhere, it always opens Pandora's box
of evils in territory large and with such diver
Allied nurslfs Il has been found nudI-