Jeffersonian Republican. [volume] (Stroudsburg, Pa.) 1840-1853, 1846-10-01

are worthy of the most attentive perusal and
close study, In 1927, constitutional scruples,
Tor the first time, began TO be expressed, and
Mr.. Madison was appealed TO and his opinion
asked upon the point, and he gave it in letter
to Joseph c. Cabel, esq, on the 18th of Sep.
temher, lS2s 10 be found in Niles Register.
The distinguished philosopher and statesman,
who took notes Of everything that was said and
done during the formation of the constitution,
who took part in all the discussions in regard
10 II, who was member Of The first Congress
under it, who was subsequently, President of
the United States, after arguing the question al
length, sums up his opinions in eight general
propositions. He says:
"lt is simple question under the consti,u-
lion of the United States, whether the power
to regulate trade with foreign nations as dis
! rinct and substantive item in The enumerated
powers, embraces the object of encouraging, by
duties, restrictions, and prohibitions, the manu-
fac,ures and products of The country! And the
affirmation mus, be inferred from the following
considerations
Il. The meaning Of the phrase SO regulate
, trade must be sought in The general use of it;
in other words, in The objects 10 which the pow
er was generally understood 10 be applicable
when The phrase was inserted in the constitu-
lion.
"2 The power has been understood and used
by all commercial and manufacturing nations
as embracing the objec, of encouraging manu-
factures. Ii is believed that not single ex-
cepion can be named
IS. This had been particularly the case with
Great Britain, whose commercial vocabulary
is the parent of ours. A primary object of her
commercial regulation is well known 10 have
been the protection and encouragement, of her
manufactures.
a. Such was understood 10 be the proper
use Of the power by the States most prepared
! for manufacturing industry whilst retaining the
power over their foreign trade.
"5 Such use of power by Congress ac-
1
cords with the intention and expectation OF the
States in transferring The power over trade from
themselves 10 the government of the United
States. This was emphaicalIy The case in
the eastern, the more manufacturing, members
Of the confederacy. Here he cites the opn-
ions of several distinguished men who aided in
tho forration of the constitution I
IS If Congress has not the p0ruer, 1t is ami
hilated for tie nation, policy without example
in any other nation, and not within The reason
of the solitary one in our own. The example
alluded to is The prohibition of tax on exports
which resulted from the apparent impossbii'y
OF raising, in that mode. revenue from The
States proporloned TO the ability 10 pay 1.-THE
ability OF some being derived, in great meas
ure, not from their exports, but from their fish
cries. from their Greights, and from their COM
merce al large, in some Of its branches alto
gether external to the United States; The profits
from all of which, being invisible and intangible,
would escape tax on exports. A tax on I'M
ports, on the other hand, being a Tax On con-
sumption, which is in proportion 10 the ability
of the consumers, whencesoever derived, was
free from that inequality.
"7. IF revenue be the sole object of a legi,-
imale impos', and the encouragement of domes-
tic articles be rot within The power to regulate
trade, it would follow that no monopolizing or
unequal regulations of foreign nations could be
counieracied; that neither the staples of subsis-
tence nor The essential implements for the pub
llc safety, could, under any circumstances be
Injured or loslered a, home by regulations of
commerce. The usual and most convenient mode
OF providing for beth; and that the American
navigation, though the source of naval defence,
OF rhespenlng competition in carrying our
vaiusble and bulky articles TO marker, and of an
independent carriage Of them during foreign
wars, when foreign navigation mg gbt be with. |
drawn, must be al once abandoned or speedily |
destroyed; 1t being evident that a tonnage daty
in foreign poris against our vessels, and an ex- |
emp,ion Of such coly in our ports in favor oil