The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-05-29

The House then proceeded, after repeated efforts
BY Mr. Daniel, to the consideration Of private bills;
but this order Of business was suddenly put aside,
and the House went into Committee Of the Whole
On the state of the Union. A long debate, en-
bncing great many incidental matters, took place
| on the bill making certain additions to the pay de-
panment Of the amy. No action vas taken; but a
resolution by Mr.. HARRISON to close the debate in
half an hour is pending.
THE TARIFF AND THE CONSTITUTION
We claimed yesterday that the present ha I'll iirn'
10 sbrogate a bad tariff system and to establish a
rood one. We add now that the moment has com.
when the democratic party of the country should in
acts assume its true constitutional position in respect
10 the tariff. There is some danger that amid the
sIcitements Of the hour-under the pressure Of
war and before the multitude of pretexts trumped
10 succession by the protectonists this cardinal
point may be forgotten. To forget it is to abandon
one Of the chief strongholds Of the advocates of
Just and wise tariff. And we do not hesitate al this
moment therefore, to urge upon the consideration OF
Congress- the unconstitutionality Of the tariff OF
1912
Two parts Of the constitution are relied on by the
fiends Of protective tariff, in its justification. LIST,
the power to lay duties on imports; and I'd, the
clause empowering Congress, to regulate foreign and
domestic commerce A few words as to each. Now,
nOpower was more severely assailed by the oppo,
nsn,s Of the federal constitution, both before the
people, and in their conventions, than that over i'm
ports, which was charged a. one OF unlimited and
most dangerous character. Before the State con-
v,nions assembled it drew from Mr.. Madison and
General Hamilton, able and labored defence in
the essays Of the Federalist, and especially this
clause Of taxation, which they admitted to be un-
limited its face matter Of necessity, but which
they undertook to prove was, in fact, limited, and
Intended to be so, by the object for which it was
glven--namely repsnue The language of General
Hamilton, in enc ofthe numbers Of the Fcderast,
was this: $50 far these observations tend TO incuL
cate danger Of The import duties being extended to
injurious extreme, may be obssrped contormaby to
remark ;Ide in another part of those papers, that the
interests of the revenue ITSELF ,ciH bea sufficient guard
against any such ertreme-in other words, that the
power of taxing imports being alone given for pur-
be the limitation against any abuse Of the power by
Congress-. Again: Hamilton, in arguing against
heprepriety Of combining the general government
alone to the taxing Of imports, said:
Suppose the federal po,cer Of taxation icsre to be
confined to duties imports, is il not evident that h
gOrsrnmen for oant Of being able TO command other
resources, pould frequently be tempted 10 ertend those
duties TO an injurious ercess? There persons pho
imagine that this never be The case, since The higher
duties are, the il is alleged they piH tend TO dis
courage an ertrapagant consumption; TO produce ia
able balance Of trade, and to promote domestic manu-
lectures" And again. The encouragement Of agri
culture and manufactures is appendage Of The dones-
ed articles to begst spirit Of smuggling, ,chich is
alpays prejudcial TO the fair trader, and eventually to
Tie rerenue itself they tend 10 render other classes
@he community tributary, in an improper degree,
THE MANUFACTURING CLASSES, 10 Dhom they give
premature monopoly Of The markets; they sometimes
force industry Out Of lis natural channels into others,
in Wtieh il Ors oih less Advantage; and in the last
place. they oppres the merchant, oho is often obliged 10
pay them himself ,oiihout any retribuiion from The
consumer"
So in the convention Of Virginia, which adopted
The constitution, this power was assaied by Mr.
Henry and others, as unlimited and dangerous,
and the answer given by the friends Of the const
tuition that asserted by the Federast, viz: "Tha,
II you'd be limited by the objects for ,ohica il ,oas
given, REVENUE" And this is the ground upon
which all strict constructionists must stand With
out such construction, what would become Of all
those important restrictions in the constitution Of
what value would the prohibition to impose a tax
or duty on exports lie, il Congress can impair or
destroy the free right ofexportation for the sake Of
enriching any particular branch Of industry or class
Of citizens
Or what value is the prohibition to bestow
preferences by any regulation Of commerce, or by
modes Of revenue; il Congress can establish pref
erences, which will make States tributary TO each
other--classes to classes, and individuals 10 ind
vdUsls Now, no one can doubt that per-
mdnent tar for the encouragement Of manufac-
lures would be unwise and unjust; and yet whar
would be the difference between such tax and a
tariff, beyond the objects and demands Of revenue,
What diherenceIs there, in truth, between a per.
manent and temporary tax imposed on the same
principles
Moreover, the trainers Of our government knew