The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1888-11-03
Protection is Unconstitutional.

Our esteemed contemporary, the Sentinel
last week undertook to prove that 'sProtecl
ton" the power to tax the masses for THO
benefit of the few, is constitutional. 1t saysl
i'Many of the Democratic statesmen of thu
present time are denouncing the protectioi
of American industries by the imposition Of
tariff duties as unconstitutional.
The arguments are based upon the assunp-
ton that neither by the use of specific Language
nor by implication does the constitution ed
power Congress to pass laws for the DEVELOP.
ment, fostering and protection of manafae.
| lures or other industries; hence, as the au-
thority of the general government is limited
within the powers distinctly delegated, there
is no constitutional warrant for the imposition
Of tariff duties for the purpose of protection
The Sentinel proceeds then to combat the
Democratic position, quoting isolated passages
from eminent statesmen, and citing the tariffs
of 1924, 1928, 1912 and other periods. The
meaning of the constitution is best gathered
from the proceedings of the convention that
formulated it, not from views and opinions
promulgated many years after, nor from the
policies of parties that have held to a liberal
construction of our charter.
The unconstitutionality of the protective sys-
TEN was so ably and conclusivey discussed
by the Hon. Frank T. Shaw, in his speech on
the tariff in the House of Representatives on
| April 25th last, that we will quote short
portion of that part of as full and COM
plete refutation of the position of the Sentinel:
The proposition to confer on Congress the
power s'to promote manufactures" was
! brought before the Federal convention on the
18th of May, 1887, in a series of resolutions
proposing to consider the propriety of confer
ring on the Government additional powers,
and among others, the following were referred
to a select committee:
To give to Congress the power to secure to literary
authors their copyrights for a limited time.
To encourage by proper premiums and provisions
the advancement Of useful knowledge aud dkcov-
cries.
To grant patents for useful inventions
To establish public institutions. rewards, and i'm
munities for the promotion Horticulture commerce
trades, and manufactures.
1t became the duty of that select committed,
in its investigation of the subjects referred to
it, to inquire into the expediency of investing
Congress with powers ''tor the promotion of
manufactures, and in the event that the COM
mittee should find it expedient, it then became
its duty further to ascertain the proper pre-
miums and provisions over which Congress
should be invested with power; what public
institutions, rewards, and immunities'' Con
gress should be authorized to establish for the
promotion of agriculture, commerce, trade,
and manufactures. After due elaboration,
from the 18th of August to the 5th of Septem-
Der, the committee determined that the only
power which should be conferred was that
contained in the clause of the Constitution,
,,,b,ob n,ox,,dae that 81 Ill
power q
by securing for limited times TO authors and iuyen-
tors the exclusive right TO their respective writings
and discoveries.
Thus the committee virtually rejected the
proposition to empower Congress to Ipro-
mote manufactures by any other means than
those just mentioned. That the phrase 'tuse-
full arts'' embraces and describes the manu-
featuring art no orc w.. DENY, and that the
manufar, ing art may be promoted afftcr the
manner prescribed by that clause of the Con-
stitution heretofore recited all will readily
admit, but the limitation which that clause
imposes upon the means to be employed for
its promotion effectively excludes all other
means; hence it follows as logical sequence
that all efforts to promote the manufacturing
art by the imposition of prohibtory or restric-
tive duties are not based upon any power to
be found in the Constitution.
The report of the select committee, which
was sustained by the convention, clearly in
dicates the purpose of the trainers of the
Constitution in relation to manufactures.
The rejected propositions must have made
manufactures the subject of the thought and
deliberation of the convention, which, after
discussing it for seventeen days, solemnly de-
termined that the only power over manufac-
lures which it would confer on Congress was
that Of securing temporarily to inventors the
exclusive advantages which might result from
their discoveries. This action of the select
committee and the convention can not be 9th.
erwse construed than as a virtual rejection
of the proposition to invest congress with any
other power relating to manufactures. When.
therefore, find the Federal convention re
fusing to incorporate in the constitution a
specific power can not believe it to have in
tended that the power refused should be de
rived by implication from any clause of the
instrument. Therefore l can not assent t
that construction of the taxing clause which
contends for the power to lay and collect taxes
for any other purpose than that of revenue.