St. Paul daily globe., 1888-03-23
PROTECTION UNCONSTITU-
TIONAI.


TIONAL.
The protectionists claim that under
the term general welfare" in that
clause of the constitution which confers
the taxing power of the government.
congress has the right to impose tariff
for the purpose of protecting private in
dustries. There is no question but that
the constitution expressly c0nfers upon
congress the power to impose tariff du-
ties, but according to the anti-protec-
ton idea, that power is limited by the
actual necessities of the government for
revenue.
In series of papers that he is contri-
buting to the Baltimore Sun on ''Needs
of the Nation" Senator VANCE, OF
North Carolina, devotes one to dis
cuSsion of this question of the conStitu-
tional limitation of the power to lay and
collect taxes, in which he exposes the
fallacy of the protection argument with
a clearnesS and incisivenesS character
istic of the well-lznoWn Tar Heel states
man.
AS our government is one of limited
powers defined 10y written cOnStltu-
ton, and as our safety and prosperity
Oh the whole depend mainly on faith
full observance of these limitations, Sena-
tor VANCE reasons that it is the duty of
the citizen to investigate for himself
the propriety of our tariff laws, to con-
slider whether Or not they be conform
able to our constitution.
The section of the constitution which
confers the taxing power is i'll this Ian
guage: Congress shall have the
power to lay and collect taxes, duties,
imposts and eXcises to pay the debts
and provide for the common defense
and general welfare of the United
States" 1t is under the term general
welfare" the protectionists urge that
congress derives the constitutional
power TO impose tariff for the purpose
of protecting the manufactures Of this
country.
Senator VANCE exposes the fallacy of
this argument by pointing out the fact
that congress is only authorized to lay
and collect taxes in order that
with the money so derived it
may pay the debts, provide for
the common defense and general
welfare. These objects are to be
effected with the money results of taxa
ton, and not by any method of levying
taxes. "They are to provide for the
general welfare with the cash collected
and placed in the treasury" says Sena-
tor VANCE, mot by SO arranging the
law for leyying taxes as that no taxes
shall be collected, or by any other col
lateral results
The force of Mr.. VANCE's argument
is irresistible. The taxing power of
congress is to first provide for the col
lection Of the taxes, and then out OF
the treasury to apply these collected
taxes to purposes warranted by the
constitution. If the protection of GER
tain industries is essential to the gen
eral welfare, then the only way to pro-
tect them is by collecting taxes for that
purpose, and after they are collected
pay them out in the way OF
a bonus to the manufacturers.
But this cannot be done. So Senator
VANCE argues, that if you cannot de-
vote the money collected under tariff
law to the object in question you can
not lawfully make the method OF its
collection serve the purpose as a pri-
mary object.
Then again, for still stronger reason,
YOU cannot effect the OBJECT by prohibit
ing the collection of money under a
tariff law. The constitution says con-
gresS shall have the power ito lay and
collect taxes.' A protective tariff says
''iay'' the taxes so as not to collect
That is, the protectionistS propose to
use the taxing power to defeat itself.
Senator VANCE continues his argu-
ment by showing that the highest judi
cial tribunals have again and again de.
cided that taxation can only be
levied in a free country fol
public purposes. The very essence
of freedom is involved in this. 1t is, as
Mr.VANcE says,th marked and charac-
teristic distinction between liberty and
despotism that the power of the state
shall not touch the property of its citi
zens except for the support OF govern
ment, which is a public purpose. Taxes
are condemnation of the property and
effects of citizen. And so, according
to Nh VANCE's argument, if they be
not for public purposes, the eXaction Of
them is the simplest despotism. So
like wise, it is, when the government
does not need the money. But wheI
they are imposed avowedly for the ben
fit of private individuals, it ceases to be
come taxation and becomes simple rob
berry.