The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1864-01-24
D Whnt Anrhorlttl

prece0enis tc-nloTroW, 70 pronounce eve
rything right which is done in the name
of the Government hawever it may in
fringe upon personal rights. Even the
more discriminating will suffer long be-
fore they will complain. It was upon
false allegations Of oppression, inflicted
or intended, the4 ccnspiraiOrs built up
the rebsllion; and these who have ad-
hered steadfastiy TO the Government,
through evil and good report hesitate to
Lift their voices against real oppression,
lest the enemy should quote them in
proof of malignant prophecies uttered
when there was neither tyranny nor the
danger of it. But if such 8 frame of
mind is virtuous, perhaps the virtue
whence il originated may be nurtured
till it's rank growth becomes 3 vice.
Those vices which most afIlict the human
family, indeed, are bat abuses of good
things. Lett, therefore, be submitted,
whether we may not inquire, on what
sdthority Mr.. Chase rests some Of bis
trade regulations. And public attention
is invited especially to that part of the
regulations which pertains to tribute.
As if Tennesseo and other States of
the Union were not integral parts Of the
Government, but-simply conquered APP
pendsges, Mr.. Chase, Of his own good |
will and pleasure, levies upon all their
citizens double tribute, Of five per cen
tum on ell supplies brought from other
States, and such duty as he may think |
proper on produce shipped hence for sale
in States north Of as. When we ask
such as favor the exercise of this power
for lite authority, we are referred to those
acts of Congress giving the Secretary Of
the Treasury control over trade, with the I
obvious intention to preyent supplies
from reaching armed rebels. Those laws
were approved by the President, on the
18th Of ] ally, 1861, the 20ta of May, 1862
aud the 18th of March, 1868, respective
"; and we search them in vain for any
thing which can be construed into gran,
of power 10 impose a duty either upon
the exports or imports of insurrectiOnary
States. In the fifth section of the act Of
July 18Th 1861, it is provided that the
President may, under circumstances nam
ed in the act, suspend commercial inter
course between parts insurrectiOEary
and other parts of the United States,
and also that the President may license
and permit commercial intercourse at his
discretion, between any such insurreo-
tionary district and the States not under
Instruction and the trade so licensed
shall be in such articles, and for such
time, and by such persons as he, in bis
discretion, may think most conducive to
the public interest; and such intercourse,
so far as by him licensed, shall be con-
Quoted and carried on only in pursuance
Of rules and regulations prescribed by
the Secretary Of the Treasury" And
The law gives the Secretary authority,
under the President to appoint officers
To carry out such regulations as may be
needful to secure its objects. No author
ity is anywhere given, to levy taxes or
impose duties. Nor is there any such
provision in the supplementary act of
May 10th, 1862; nor yet in. tho act of
March 18th, 1868.
1twas the theory Of members Of Con-
gress at the time the first act was pass
ed, except perhaps such IS openly sym
pathized with the rebels in arms, that no
State could separate itself from the Uni
ted States; aud therefore it is not like
" they intended to treat the South
srn States as foreign countries. But
if they had even regarded them
as foreign TO the government they
would scarcely have vested the power
Of imposing duties in the Secretary Of
the Treasury, whose Legitimate business
il is to collect such duties, when imposed
b, Congress- The stupendous idea, that
Government may safely authorize one
man TO say, st his discretion, how much
. foreign import or export may be taxed,
and 1t the same time intFust to him the /
collection Of the tax Impose by himself,
had hardly entered the head Of any, 50
early IS 1861. Some are indeed so bold,
a. the present day, as 70 claim that Con-
gress has in itself power to impose such
duties as those collected by the order Of
Mr.. Chase and they build their assump- |
tion on that clause Of tie eighth section,
fret article of the Constitution, which /
provides that Congress shall have power
s"to regulate commerce with foreign ma
tions, and among the several States, and /
with the Indian Territories" But if
that body had so interpreted the COnsti-
tuition, and had intended to provide for
such duties between the States, its mem
bers would no doubt have provided 3
tariff Of duties, entrustiBg the Secretary
only with their collection.
we must tuFPeeti Al N--t-N- ~ N
who think they find in the general Ian.
guAge Of the clause just quoted from the
Constitution, grant Of power to Congress
TO impose partial duties upon States and
parts Of States, that they have never read
the whole of that sacred charter of eur
liberties; Otherwise, they could not 50
oonstrue il As to sweep away this specific
prohibition: "but al duties, impos's. and
excuses shall be uniform throughout She
United Ststes;" and this: "nO tax or duty
shall be laid on articles exported from
any state;" and this: mo preference shall
begivon by any regulation Of eommerce or
rsvenus to the ports Of ose State over those
Of another" From these special provis-
ions Of the Constitution, it seems clear,
that while the President himself may, 81
war measures, order the closing Of ports,
- -. .,,.ff-. -, n,,rsrefou III frada with