The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-07-23
THE FRRE-TRADE CONVENTION OF ls,I

TIE rnEfrl hhDE COANf ENllON Of 1851.
We give up considerable portion Of our columns
to-day to the celebrated address to the people Of
the uoitsd States" adopted and ISSUED by the ma
tional freetrade convention held at Philadephis, in
the month of October, 1881, In this body the
western, the middle and the southern States were
represented by some Of the most distinguished men
of the country, Among these were Mr.. Gaatin,
of New York, MIR, Cheyes, of South Carolina, Mr..
Berrien, (the present senator,) Of Georgia, Mr..
Poindexter, Of Mississippi, and other gentlemen
OF almost equal experience and renown in the ma
tlonal councils. The address was read TO the con-
vention by MIR. Berren, who was understood to be
Its author Il has generally been regarded one Of
the most comprehensive and conclusive Arguments
against the high tariff system, and in favor Of lib.
eral commercial policy, which has been forth to
the country. IL was the deliberate protest Of those
who felt themselves to be aggrieyed by the tariff Of
1925, against that unjust and oppressive law. Il
presents the constitutional argument with great
force. Ii examines the economical principles and
aspects of the tariff question with equal yigor.
We regret that we have not space to publish
the document in full but we trust that the copious
extracts which we give, will be found to embody
the main scope and power Of the argument As the
day is rapidly approaching when the Senate of the
United States will decide the question whether the
tariff Of 1912 shall continue longer 10 press upon
the energy and the resources Of the country and as
the author of this address will doubtless record his
vote upon that question, We deem the reproduction
Of this document, at this moment especially season
able.
That the tariff OF lSi2 Is in any respect less OBJ
ectonable than the tariff Of 1923, is not pretended
Indeed the fact, so far we know, is undisputed,
that in every point Of vew-as a Constitutional
queslion-as question Of principle, and as ques-
ton Of details, the continuance Of the present tariff
is open to more and weghtier objection than could
at any time be fairly urged against any former high
tariff which the country has endured. We know
Of no single ground on which the opponents Of the
tariff Of 1928 sustain the tariff as il stands at
present. bill OF relief from that tariff is now be-
fore the Senate. Pending the question Of its sdop-
ton it is worth while to look back the principle.
and the arguments which controlled the action of
the friends of liberal and Just commercial policy, as
sembled in national convention, after three years
experience Of the tariff Of 1923. We commend,
therefore, the following extracts 10 the consideration
4 Of those whom they may concern:
among the evils which flow from the tariff sys-
ten, at present established by law the ardent
and determined opposition to that system which
exists in various parts Of the Unon-the deep and
| settled discomfort which is felt and has been mani
Tested by numerous, patriotic, and intelligent por-
/ uon OF our OBSERVATION-DISCLOSURES fail TO awaken
the yelies: soictude OF every lover Of his country
Let be remembered that this is no transient feel
ing-the offspring Of momentary excitement--one
| which may be expected 10 pass away under the in
oil mOre I'm md
No; the system Of which we complain is not of re-
cent origin, and the feeling Of discomfort which
was coeval with It's institution time and experience
| have only served TO strengthen and increase Let
those who sincerely desire to perpetuate the poliu
ical blessings which enjoy, hook to this consider
alton with the attention which il demands This is
| emphaucaly govern ment OF opinion. The yixor
Of the laws IS a moral force The bond which unites
US is the sense Of our common ineres;-the conyic-
ton Of our equal rights-the assurance of our ca
pacity to assert and the feeling that actually en-
10y them. Take from any considerable portion of
Il the American people the consciousness that thew
are IN the full possession Of their nights as freemen
substitute for II the spirit Of discomfort, which
springs from the convection Of wrongs inflicted not
inadvertently, but with elaboration, which are not
temporary, but enduring, and you array against
the government a force which Is Of like character
with That which sustsins II; you awaken a feeling
OF resentment which is goaded into activity by q
sense Of oppression and embittercd by the recollee
ton that it is the hand OF brother which nicts IL
Such Is the feeling which pervades numerous and
respectable portion Of the American people Il can
not be dehed, and may not be dsregarded without
putting to hazard the safety of the confedsracy.
| "A numerous and respectable portion Of the
| American people do not merely complain that this
system Is unjust but they question the right TO es-
tablish it. They do not doubt-,hey utterly denv-
the constitutional power of Congress to enact it, In
justice to that body, we invite your candid attention
to brief consideration of the views on this sub;ect
The constitutional validity or invadity of an act Of
Congress does not necessarily depend upon the cues
ton whether the judicial department OF the goyern.
| ment would affirm the one or the other of these
propositions: Ii may be that act will in its ope-
ration and effect be subversive of the prncipes of
the constitution and yet on its face be sIneror 10 all
just exception on that ground. Literally and in
terms II may be In execution Of an expressly grant
ed Power-in its operation and effect il may not only
transcend that power, but may directly conrrayene
II. Under the pretence Of supplying a revenue
Congress may raise money beyond the purposes TO
which IT can be egitinately applied or NAV increase
| the duties TO an amount which will be prehibitory
OF imPorations, and consequently destructive of all
revenue to be derived from that source Sill such
an act would purport to be in the execution of the
power TO lay and collect taxes; and courts of Justice,
Judging OF 1t by Its terms and by what is apparent
on its face, would not affirm its inyalidi,v But the
constitution is equally obligatory on every depart
ment OF the government-on the legislator who en-
acts, as well the Judge who interprets a law
II the former shall veil his unlawful p,rnose az
TO defend from the security of the latter is il less
violation of his constitutional obligationi Fit be
such violation, can It be constitutionally valid
III, instead Of the absence of any express grant of
power to protect manufactures the constitution had
contained an express clause of inhibition an act Of
Congress, imposing duties beyond the purposes of
revenue, and thereby operating as a bounty on the
manufacturer would they insist, be admitted TO be
IN violation OF the constitution and yet the repug-
| nance would not be manifest upon its face, and
would therefore elude the Judicial power.
"A numerous and intelligent portion of the Ameri-
can people believe that this view is applicable to the
tarih OF 1928. They admit the power of Congress
| to lay and collect such duties as thew NAV deem
necessary for the purposes Of revenue, and within
these limits so to arrange these duties as incidentally
and to that extent TO give protection TO the manu-
| iaciurer. They deny the right to convert what
eney uenominate the incidental into the principal
power, and, transcendirg the limits of revenue. TO