The Kansas herald of freedom. [volume] (Wakarusa, Kan. Territory) 1854-1860, 1855-10-27


1t would be in the teeth of the southern
argument against protective duties, that
Congress has no right to impose duties
for protection under pretence of impos-
ing duties for revenue. Such tax would
be founded in deception the real object
being to regulate commerce, while the
avowed object would be to raise reye-
nue.. We hold that in morals, in Con-
stitutional law, and in municipal law,
men have no right to do indirectly what
they are rightfully prohibited from do
ing directly. 1t is admitted that stat
ute avowedly regulating commerce be-
tween Massachusetts, and Virginia, would
be unconstitutional and void it IS only
adding fraud to ayow any other object
if the regulation of commerce be the
real design.
Shall we of the South, and especially
of Virginia, forget our accustomed fidel-
ity to the Constitution, and seek to evade
its obligations Is not strict obsdi-
enee to its behests our only source
of power? With what face can we call
upon others to respect an instruments
which We ourselves violate Does it
change the case for us to allege, that we
were not the first to disregard our Con-
stitutional obligations. While it is our
Constitution, are we not bound by it ?
This is no case of a violated treaty,
where one violence may be met by
another similar in character, but ques-
ton under a Constitution which can only
De thrown off by revolution, or amended
in conformity with its own provisions
Fidelity to the Constitution is the only
shield of the South. Fling that away,
and We are at the mercy of an unprinci-
pied, lawless majority. When we do
throw it away, we must throw off the
northern rule. The latter without the
former will be intolerable, and when we
permanently fail in recalling the Con-
gressional majority to a sense of Con-
stitutional obligation that majority must
cease to rule us.
A proper appreciation of Constitu.
tional restrictions is evidence of the
highest civilization and of the creates
progress in the science of government
The want Of it indicates either savage
Ignorance or corrupt intelligence stiE
more fatal. We possess this apprecia-
ton in an eminent degree, and let US
IpreserVe it as our most cherished sen
timent.
We are entirely at loss to know how
the Constitutional difficulties of this pro-
posed retaliation can be surmounted.
How can we retaliste on the commerce
of Massachusetts, without regulating it
How can we prohibit it, or interfere with
the consumption of her products bysoul
people without imposing ga charge OF
their introduction and incorporation into
the mass of our property" and thu:
coming in direct conflict with the Su
preme Court, or without an attempt tc
sneak round the difficulty equally inef
fectual and less honorable.
But admit that these difficulties may
be avoided, is it practicable to exclude
the products of Massachusetts, or any
single State So far as we can see it j;
not, for nothing would be easier than tc
interpose third party and to bring them
/, in as. the property Of the citizens of New
York or Philadelphia. A merchant il
Richmond wishing to buy a lot of eottor
cloths manufactured at Lowell would re,
quest his New York correspondent t.
make the purchase for him.
If it be intended to exclude all -tht
products of Massachusetts,, without ref
erenee to ownership, then the exclusion
will apply to citizens of other States
who may have purchased them, and thu;
one object of the measure, the infiictior
of punishment only on the most flagran
delinquent, will fail. 1t will be more
over exceedingly difficult if not entirely
impracticable to discover or to pursue
the products of Massachusetts after they
shall have mingled with the mass of oul
property, and yet not before can we
touch Them or impede their consunp
ton.
The exclusion, if effected, would
serve only to irritate, unless concurreo
in by considerable portion of the
South. The whole world furnish market;
to Massachusetts,, and can it be supposed
that she would seriously feel the loss o
one sixth of the Southern population a:
/, customers? Such warfare will be mere
scratching, utterly unworthy Of tht
cause and of our manhood 1t, will bt
like the wretchedly abortive attemp
made fifteen years ago to subject New
| York vessels to an unusually rigorous
inspection. A statute was passed ane
Afterwards silently dropped as a thing
to be ashamed OF. 1t served no othel
purpose than to show impotent spite.
By the census of 1850 the aunua
product of the manufactures, mining
and mechanic arts in Massachusetts,, wa:
SI51 900, 600. The whole import o
Virginia, domestic and foreign, does no
at the highest estimate, exceed $4,000,
600, or about one tenth of the annua
product of Massachusetts, /; but of thi:
import probably not one third consists o
! the products of the latter State -conse
quently the proposition is for us to starvt
her into a sense of duty by attempting
toexclude from our Territory the thirtiett
part of her annual product. An attempt
which will probably be unsuccessful.
We are compelled to say. therefore
that all propositions for Virginia, single
handed, to coerce Massachusetts, or any
other State into compliance with hel
constitutional obligations, seem to u
tehimerical and Ill considered. Having
criticised the opinions of others witt
fairness and good feeling. we feel it due
to them to offer ourselves for simila1
ordeal. This we shall do hereafter
Richmond, "a, Eaquirer.