Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1846-11-17

I The following essay dSdihSs ny
System is long, but lucid and conclusive. IL was
"GiIes Of Amelia" who so fully vindicaled inc
presideu, aeans. the Wing charge Of having
wanlorly hurried US into war, by demonstrating
our title up 10 the Rio Grande:
For The Enquirer.
THE RESTRICTIVE SYSTEM.
COMMA mala exempa bonis principals esta sunt;
Gan bad preccdents have originated in good principles
Whenever il is denied that Congress mas 'he
authority 10 shackle and teller commerce ny ie'
strclive duties Tor The purpose oil rearing up anu
fostering particular and favored branch ol IN
dusry, 10 The injury o other great Interests II IS
Invariably the case that reference is made by Inc
advocates of monopoly and restriction 10 Inc a.
riff of l7s9-lhc first Tariff eracted by Congress
as rsp,ele With precedent and example to sus-
tain them in their one-sded policy. Now, when
The acl of 1859 is referred TO- merely for The pnf-
pose of showing that it provided lurlhe protection
nj mr. infant manufactures there is no difference
NJ ociniur. what is commended for IS conceded as
Leyond controversy. But when il is asserted, on
The pa,t Of The Taifi,es, that The act OF l1o9 en-
bodies their principles in regard 10 protection,
and furnishes constitutional pIeceden, tor The en-
aclmenl OF such a Tariff as that OF 1912, with
all cue Difference, must say, they err most csfe-
giously.
In The first place, shall consider 10 what ex-
tent The Constitution authorizes protection 10 nome
industry, and then contrast The Tariff Of 'e9 with
The Mig Tariff of ~ with The view OF testing
their constilulionalily. There are only two
clauses in The Constitution 10 which The power Of
Congress 10 project domestic manufactures has
been referred viz: The clause authorizing the lay
ing and collecting Of dulles, &C., and The clause
which conieIs The power 10 Regulate commerce.
Ii is evident that The object OF The former clause
is revenue. IL provides that Congress shall LAY
and collect taxes duties imposes aud excuses, u
pay The debts and p,oride tor The COMMON defence
ant general acsijarc." The object, then, 81 The
power is, TO pay The debs and provide for The
common defence and genera welfare" But this
object cannot be accomplished without revenue.
H. therefore, follows that The direct object OF the
clause is The col ecliun OF revenue, and 10 pay the
debts and Provide for the common defence and
general welfare" the purpose ioI which revenue
is 10 be collected.
But il has been commended that as the power 10
lay and collect lakes, &c. is given 10 Congress
for The purpose OF paying the debts and providing
for The coInmon defence and general welfare, re-
>rictive duties can be levied, il, in the opinion OF
Congress, the general welfare will be thereby pro-
moled This lalitndinous construction Of the
clause has been long ago exploded. Mr.. Madi-
son, in his report 10 The Virginia Legislature in
l795, thus explains il:
"Phe true and tair construction o. this ex-
preston, both in The original and existing Fee
deral compacts, appears 10 The commillee too OBJ
viuus Ia be- mistaken. In both, The Congress is
authorized 10 provide money Tor The common
defence and general welfare. In both is sub
joined to this authority an enumeration Of The
cases 10 which their power shall extend Money
cannot bc applied tu The general welfare, other
wise than by an application OF ii 10 some paTtl-
cular measure conducive 10 The general welfare.
Whenever, therefore, money has been applied 10
particular measure, question arises whether
The particular measure is within The enumerated
authorities vested IN Congress. II il BE-, The mo.
ncy requisite ior j! may be applied 10 ii. II il be
MT, no such application can be made. This falr
! and obvious Interpretation comedies with and IS
enforced by the clause in the Constitution, viii h
declares that mo money shall be drawn from The
Treasury, but in consequence OF appropriations
by law An appropriation OF money 10 the gene
raj welfare would be deemed rather mockery
tnan an observance OF this constitutional iDjunc-
lion."
The object, therefore, of The clause is, doubt
less, The collection Of revenue for the purpose Of
appropria,ing j, consti!utionally. Such being the
object Of the power the question is 10 what ex-
tent does il authorize Congress 10 protect home
manufactures 7 The answer is plain only with
IN the revenue limit. What mean by The Ieve-
nue. limit is this: If upon given article duty
ot 10 per cent t. laid there will be a certain
amount Of revenue. Now, il The duIy be Ell.
creased 10 20 si uci.i ami the revenue is proper
iona, |. iHo;rssc.., iie Gaiy : within ihe rcve.
uuc ni; 3rj >nrpo.c ID. dui. liz IoiscG high.
| H.. 4 H. A
II heiag Increased, is love r.rly Diminished; il is
clear tina, twenty per cent is TIC highest in that
will produce Inc greatest amount 81 revenue.
Every duty, then, belua twenty per cent is with
| in, auA every aniv aborc twenty per cent is be-
yond the cv-nne ii ut II therefore fail"ws, iha,
all pFo'ec'i~i. - he constitutional, (exc"p, in such
cas'- shall ~ presently n",ic.d) 'nnr b. Incl
denlai iuau,i-s within The revenue iin,i; Tor, as
rercbur is ihr piirci al o. Ct, aud protection in
cidenta 10 il, whenever Tor The sake II protection
The duv is "a >ed higher than the revenue limit,
protection becomes The prncip pal object and reve-
nue. incidental toi il. This i making mere Incl
denial power Of more importance than great
substantive pow T. II is putting the cart before
The horse il is making pfoec,i n draw along
with il revenue instead OF revenue projection.
But it is also commended, that Congress, in exer.
cising The general and unqualified power Of re-
sulaling commerce, can impose restrictive du-
nuiac.ures. As il is essential 10 proper exer-
else, so il is always essential 10 Il proper con.
stfuclion Of those great and important powers 81
Congress- which may be considered The original
purposes Of The Union, TO reColleci that ours is
not consolidated Government, but confrderacy
Of independent Commonweallis, united for Ger
tain specified objects. 1.-THE powers delegated,
, says The Federalist, "by the proposed Conslu
lion TO The Federal Government are fec aud de-
| NJ .ob -, O.,
Governments, are numerous and indefinite. The
former will be exercised principally on external
objects, as war, peace, negotiation and foreign
, commerce, with which last the power Of taxation
will be, Tor the most pat, connected. The power:
reserved to The several States, will extend 10 a.
the obJects which, in The ordinoTy course of AZ
fairs, concern the hires, li6nt es and pyopertte
If The people, and the internal order, Improve
: nent and prosperity Of The STATE" Again
The jurisdiction OF the General Government
, is Limited TO cerain enumerated objects, whicl
concern all the members OF line Republic
but which are not To be alta med by The Sc
parale provisions Of any."-Fed No. A.
/, is evident, then, why The power TO regulate
commerce was conferred on Congress; il concern
ed all the members Of The Republic, and could no
be accomplished hy the separate provisions o
; any For no single Stale could regulate com
lnerce for the whole As the power then, 10 re
guae commerce was conferred on Congress be-
Cause il concerned each and every mcmh-r Of The
Union, how should il be exercised2 Most un
que>tionabIy in that way best calculated 10 pro
mole The interests Of each and every Stale in tn,
Union. Is tariff Tor protection such an exer
Else of The power 10 regulate commerce. lie
South Carolina Modification, the Force Bill anc
The Proclamation OF Gen. Jackson answer the
question. But, argue the reslricionsts ,ht
| United States as a nation are greatly benefited
by restrictive duties Suppose lha, to be true, i
is no constitutional sanction whatever for the
enactment oil protective tariff. II ours were ont
| grand consolidated Government, there would b.
I some FEASIBILITY in The doctrine that the neres
OF The greater part is the interest OF the whole
tub est major pars iii est fota." VIM II. Craw
lord, in his letter 10 Mahlon Dickinson OF New
Jersey, says: II admit that il The United State.
were governed by consolidated Government