The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-10-10
THE SORE WAY OF RESTORING PROS
PERITY.
A Diherentiai Duty for shipping and
Export Duty our Cotton.
New YORK. Oct. Q. 1878.


/
ton. and that she had signay failed in the at
tempt to do 40. Consequently. she would not
avcngc herself in that direction, for the dcstruc-
| ton Of her shipping interests, and the cstab-
| lishm.nt OF our supremacy on the ocean through
the effects Of the dii1ercntial tariff developed in
| my first letter.
Our permanent advantage in cotton growing
| being settled, tho question arises, How can that
| advantage be utilized in legislation for the en-
richng Of our country and tho prosperity OF
our abor2 answer. by an export duty levied
| on cotton
| am aware that this ls novel and startling
measure, nothing Of tho kind having been at
tempted. or even suggested. sncc tho adoption
Of our Constitution. Yet this measure neccs-
sarily grows out VI the difercntial tariff and 1t
will soon appear to be an essential part Of 1t.
| l propose to provo in this letter that tho
| power 20 impose such n duty exists, where 1t is
| lodged. by whom and under what conditions it
! Is TO be exercised. the methods necessary. it's
feasibility. and its ultimate triumph.
| II is to be presumed that the delegates In the
| Convention that framed our Fundamental law
knew best what powers they intended to grant
| to the Federal Government. and what powers
they did in fact grant. Also. that they knew
best what powers they intended to withhold and
reserve. and what powers they did absolutely
/
States or tho people thereof
deom it necessary. therefore, 10 refer 10 tho
debates in the Convention upon tho subject OF
an export tax in order to clearly arrive at tho
rEhtful conclusion. Besides. my method in
| these letters requires. AS advance that leave
| no doubts in tho rear
Tho Convention earnestly considered tho
question Of granting to Congress the power to
impose an export tax with. believe. but one
delegate favorng II. and even he doubtingly.
Gen. Charl9 G. Pinckney OF South Carolina
contcndcd Tor clause In the Constitution re-
straining Congress from taxing exports when
the Committee WIS appointed 10 report Consti-
tuition. he reminded the Committee that If thoy
failed to insert some security against taxes on
exports. he should be bound by his duty to
his state to vote against the report" Col
George Mason Of Virginia contendcd that
no tax should be laid ON EXPORTS" He pro-
posed to insert tho following as qualification
To the power to levy taxes. and impose duties
and imposis; Provided that no tax duty. or
imposition shall bc laid 10y the Legislature Of
tho United states on articles from any State"
Oliver Ellsworth Of Connecticut contcndcd
that the taxing Of exports 10y Congress-
would cngcndcr incurabe icalousics." Pierce
Batter Of South Carolina declared that " he
never would agree 10 the power OF taxing
the States never would surrender that power
They never did. but reserved the power to be-
exercised 10y the States themselves. The Con
vcntion. however. subjected this reserved pow.
er ul the States Co the condition that tho consent
OF Congress should be obtained before any cx-
port duty laid by any state could be enforced
while the net revenues arising thorcfrom should
be for the uso Of the United States Treasury.
The NTH clause in section D. article /. Of the
Constitution torbids Congress TO impose an ex-
port tax IN these words:
No tax or duty shall be land any aruce exported
frOn any STATE. Ne preference shah b. given by
an, regulation q commerce revenue to the ports
one state over those of another shall Vessels bound
to or from one state be Obliged enter ,oAr Or pay
duties in another
Hence II IL certain iha this reserved ROVER Of
the States is Limited TO the imposition of export
taxes On articles shipped 10 foreign ports only
The recognition of this reserved power II the
states Is found in the second clause Of section
10. article Of the Constitution. in these words.
Ne State shall. without the consent OF Con.ross lav
any nposs or duties ou imports Npors except what
may be absolutely necessary for the execution VI It, n
sp"ouon aws, AMI the net proceeds all duties aud I'M
posts Laid by any state imports cNpors shall bee for
the Use OF the Treasury Of the rned states anu AL such
avs shal! be sutoct to tie and contro. Of Con-
srcss.'
Thus il Is clear that the States can impose an
export duty for the purpose Of executing their
inspection lave without tho consent If Con-
gross; but 10 exercise their reserved rights
beyond this requires the consent Of Congress
Roger sherman of Connecticut Is the author
Of tho words in the Constitution making the
revenues derived from export duties laid by the
States rebound to the benefit Of tho United
States Treasury. John lanEdon delegate from
Nm Ilss... La. Al.
ton. in referring to this fifth clause In
section 9. article Of tho Constitution. said:
By this section the States arc left at
liberty 10 tax exports" And such is tho fact.
Thomas Fitzsimons # PENNSYLVANIA was. per
haps, the only member # the Convention who
was in favor 4 giving tho power 10 lay an OK
port tax 20 Congress ITO use his own wordsl
when tho proper time may call for it, lie
further said This will certainly be when
America shall become manufacturing coun-
try.
That time has now arrived Believing that
tn" hour forcseen 10y the PENNSYLVANIA delegate
has struck, now propose that tho States shall
exercise, for the first time, this their reserved
right aud impose an export duty on cotton
discriminating in the amount OF tax between
short stapls and Sea Island
Twin in my next lcttor examine the coinpre-
hen-iyeness. and the present and future impor-
tauco Of this measure as well as lis availability
and unobJe'tionable character our cotton has
such peculiar relations 10 the commerce If the
world that il can be subject 20 an export duty
without the taN IN the slightest degree acting
as a restraint upon our trade.
70 eXpoditc the adoption Of tbs measure Con-
gross should without delay invite the States TO
exercise their power in this direction. at the
Same time plodging the requisite consent of
Congress 10 their cnnctmcnts. There should
hc an mm,dlatcrouycntion 81 the cotton states
wherein 10 agree upon uniform rate OF tax:
or perhaps II commits ion appointed by the
Governors 81 those States to convene at Wash
ingtun. agree upon the rate Of tax to he imposed
and report the sane TO their respective Lcgs-
laturcs for adoption.
With view to avoid confusion and expense
adequate legislation should be- provided by
these states, enabling the Government to col
lect this tax not only ia the ports of tho cotton
States. but in tho ports OF those States not pro-
dncing cotton, hut from which il may be ex-
ported. This may involve u feature in the