New-York tribune., 1886-07-06
THE POWER TO PROTECT.
ACLEAR DEMONS rRATION OF IT'S EXIST
ENCE IN THE CONSTITUTION~MR.
MkDlSON,S DECLARATION

sTNTrs FROM THE EARLIEST TO THE PRES
ENr TINE Part l.. i7s3 to I79s, with prelimin-
airy view. BY DAVID H. MASON, Chicago Aoo west
Rsndolph-st st l2mo pp. 1877
TIL, first part of tins work is in itself OF great
faluc. There are few persons now living IN the
United States who have so acquainted themselves
with the early history of tariff legislation. or with
the real causes of controversy between the Co-
ONES and Great Britain, that this book VIII not
convey to them interesting and useful iniormation
Nr Mason has searched the documentary history
of the Colonies with much industry andwith credit
able success. He makes it exceedingly clear that
IN the minds of the colonial leaders and III the
minds of British rulers a broad distinction was
always observed between the regulation oil trane
by prohbitOry or tariff enactments, ana 'he
"taxation of the Colonies for the purpose OF secur
ing revenue to the British Crown. Ths dstihcticn'
running through all the controversies prioE 10 INC
Revolution is of the greatest importance inasmuch
rs it determines the meaning to oe attachen W
phrases used in the Constitution OF the tnIteo
ST .tes The Colonies never questioned the absolute
right of the Government of Great Britain TO reg
ulate the trade" Of the Colonies; to prohinlt 'ne
importation or eXportation oi such Mtic'es ~ Z"
pleased, or TO encourage or discourage lhuns'' III
the colonies by duties designed to promote orto
prevent the development of such industry. Abuse
of this rovc itis true, the Colonies dId denounce
Rut the right TINS 10 regulate their trade, and to
Britain was never denied by the Colonies or by the
patr,ots of the Revelation. Taxation was to them
An entirey different matter. Tie attempt to obtain
rave,ue for the Government of Great Britain
without representation in that Government. they
resisted by all manner of protests aud finally by
revelation.
Mr. Mason illustrates and forces this distinction
by very full quotations from colonial documents,
and from the writings of founders OF the ker ubllc
He goes on to show that the same broad dStinc-
tion was recognized in the formation OF the Gov
ernment: that the confederation was condemned
by intelligent patriots a disastrous failure, III
great measure because it hal not the power to
regulate trade of the States with each other. or
between tue States and other countries, when
power Great Britain, as they ackno Ned-ed, had
formerly possessed. primary object OF the
establishment of a more perfect unon.' as MI.
Mason shows vas to bring into existence Gov
erument which should have that power to /" resn-
late trade" between the States AMI other countries
for the common interest of the States themselves.
Accordingly, when the Constitution wa forieed.the
mower to regulate trade" was therein distinctly
conferred upon the General Government. III pre-
ciscly the terms in which the same power had
thousand times been recognized aud It's abuse as
enssed IN the long controversy between the Colonies
and the mother country. Mr.. Mas IN tncn quotes
with freedom and with great power from the writ
lDgS of Mr. Madison and Otnef lountletS ol INC
Republic, aud from the works Of Webster Choate
and other expounders of the Constitution, proving
that this Interpretation of the ancient phrases
employcd in the Constitution. as in the previous
controversies was universally recognized in the
early history of the country by the men who had
the hest opportunity to know what the Constitu-
ton meant. and what powers it was INTENDED TO
coufer upon the more perfect union thus formed
Among the many quotations given By Mr. Mason
which enforce with remarkable power tie position
lie has taken. perhaps none is OF greater weight
than one from the letter of President Madison 70
Joseph c. Cabcll, written in lS2S. Mr. Madison
WAS one of the commissioners vino net AT Annapo
lis in 1856; to take the prel lminary steps TO- The
organization of the Union he was member OF
the convrn ion of 1857 and OF the Virginia CohVen
tion in l7ss aud was thus as active ana influential
as any other man IN the country IN the formation
of the Government. from its first step to the final
adoption of the Constitution. As Mr. webster
strongly said: :" If ever man had the means OF un
dcrstandIng written instrument. Ms Madison has
the mcans of understanding the Constitution. If
fl be possible TO know what was designed by it. ne
can tell u.s." a few sentences from Mr. Madison
letter suffice to show how c.eArly Le set forth,
nearly slAty years ago. the distinction between the
power to tax aud the power to " regulate trade:
The Constitution vests in Congress, rxaressiy,
the power to lay and collect taxes. duties.
inposts and eXcises,' aud " the power 10 regulate
trade
Nor can it bc Inferred that a power to regulate
trade does not involve power to tax IT. IRON the
distinction made IN the original controversy with
Great Britain between "A power to regulate trade
with the Colonies ana bower 20 tax them. A
power 10 regulate trade between different parts OF
the Empire confessedly necessary and was
admitted To lie. rs far rs that was the c'Sf III tue
British Parliament. the tdNlhg part oeilS at iho
ine time denied to the Parliament.
smP. Question HnreI hue rovcr ~ re
late trade with foreign nat ons. as a distinct and
sub,tantlve item in the enumerated powers en-
braces ths object of encouraging iy duties Testrc
tions and prohibitions the manufactures and pro-
ducts of the country: And the affirmative muat be
inferred fTo.. the following considerations:
l. The meaning of tue phrase " TO regulate
trade must sought in the general use of it IN
other cords in the objects to which the power was
generally understood TO he applicable when the
phrase was ricd in the Coustltutl tlCn.
.. The power has been understood and used by
all commercial and manufacturing nations as el-
braciug the object of encouraging manufa lures.
il is believed tnat not a single exception can be
B This has been particularly the case with Great
EiitaIn. whose commercial vocabulary IS the
parent of ours primary object oi her CONNER
cial regulations is well known to have been the
protection and announcement OF her manufactures.
Mr. Madison then urges that this was under
stood to he proper use of the power that its use
accords with the intention and expectation of the
States in transferring the power over trade from
Themselves to the United States that if Congress
have not the power. 1T is annihilated tor the
nation; "A policy without example in any other
nation y; that in this event no moDOpolizng and
unequal regulations with foreign nations could be
Counteract ed y; and
g. That the encouragement of manufactures was
an obiect of the power 10 regulate trade proved
by the use made of the power for that object IN the
first OF the first Congress under the Consti
tuition whep among the members present were so
many who had been memDers OF the federal con
vcntion which framed the Constitution. and of the
state Conventions which ratified il each of these
classes consisting also of members who bad opposed
aud who esponsed the Constitution in its actual
form 1t does not appear from the printed proceed
ings of Congress that occasion that the power
was denied by any of them.
Mr. Madison goes on to show that members from