The San Francisco call., 1896-10-18

| CONSTITUTIONAL HISTORY OF THE
| Vol. II. Edited by Joseph Cubertson Clayton.
| New York: Harper d Brothers, publishers FOR
| sale by A. M. Robertson; price S3
| We are pleased to acknowledge the receipt OF
| the second volume of Mr.. Curtis monumental
work. 1t is greatly to be regretted that Death
should have removed this distinguis he'd histo-
rian of the constitution while still this closing
| volume remained unfinished The first vol
ume of the work, which was duly reviewed in
| THE CALL, contains the whole of Mr. Curtis
| History of the Origin, Formation and Adop-
| ton of the Constitution OF the United States
| With Notices of Its Principal Framers," as
carefully revised by the author. The second
volume takes up the history of opinion con-
cerning the nature of the constitution, and
about one-quarter of the entire text proper is
devoted to this subject. The author then dis
cusses the events which preceded the Inaugural
ton of the constitution, and cites the vindica-
ton of lis trainers against the charge of lncon-
sistency. OF particular interest just at present
is the chapter on the first revenue law OF the
United States and the discussion of the tariff
question, which was such living issue at the
time of the birth OF the Republic.
We find, for instance, that in the first
revenue legislation after the constitution was
adopted it was deemed proper to make the en-
couragement and protection of our own manu-
factures one of the principal objects to be
effected by the legislation. "This was but the
continuation of pollcy previously acted upon
by the separate States. but Intellectual because
the States could only lay duties on foreign
products brought into their own dominions.
The situation of the country was virtually the
same in 1889 as it has been since in its rela-
tions with other nations, the difference be-
tween that and any subsequent period being
in respect to the quantity OF importations and
the quantity and kind of our own products.
There were the same questions then as now in
regard to the encouragement and protection
of manufactures existing among US, aud those
which might be introduced and established
later"
Among the conclusions drawn from the first
revenue law and the debate which preceded lis
enactment are these:
"First-The entire freedom of trade, how
ever theoretically right, is inexpedient and
impracticable for country OF diversified pur-
suits in which capital and industry are en-
ployed in agriculture, in navigation, in manu-
factures. in fisheries and in mining. The situ-
alton of the country at any given time, rela-
lively TO other countries, however that situa-
ton may have been produced, whether by its
own legislation or bf the action of other coun-
tries, must determine what foreign commodi-
| ties she'll be free and what shall be subjected
to imposts and duties. This situation will
vary at different times and the legislation
must, therefore, vary from time to time; but
| when, for a long course of years, the capital
| ana industry of the country or of considerable
parts of it have been employed in particular
products and pursuits sudden changes for
whatever reasons cannot be made without
causing great disturbance and loss of national
wealth.
''second-That the power conferred on Con-
! gress by the constitution to lay and collect
| taxes, duties, imposts and excises, subject
| only to the condition that they shall be uni
| form throughout the United States, taken in
connection with the circumst tances existing
| at the time of its establishment, warrants the
deduction that when the National Govern
ment needs, as it must at all times need,
revenue it may resort to direct or indirect
taxation or as it is now called to an internal
or external revenue or to both; that the latter
| is always to be preferred to the former be-
| cause it is more easily collected and more
easily paid, the burden falling upon those who
| consume the articles, the price OF which is en-
HANGED by the duty, thus enabling the legis-
/ lative power to distinguish between the lux
| uries and the necessaries of life, and that
when the revenue is raised By indirect taxa
ton or by imposts on foreign commodities
| Congress is empowered and is under an obli-
CATION to so regulate the duties as to encour-
! age and protect domestic capital and domestic
| industry"
Thus was the solid groundwork laid for the
cause that to-day is being SO ably championed
| by William Mckinley and Republican leaders
| throughout the Nation. 1t is further shown
| that, at the very birth of the Republic when
| ever comparisons were instituted between the
interests of labor as distinguished from the
| interests of the capitalists who employ the
| labor, it was considered that the American
! Iaborer would enjoy higher rate of pay than
the same labor enjoyed In other countries, as
| an incident to the encouragement and protec-
| tion of the capitalist who employed him. In
| other words, 1t was considered that the inter-
ests of capital and labor, so far as they are
capable of distinct appreciation, would both
be promoted by legislation which tended to
exclude foreign competition in our own market
| becauset that legislation would enable the en-
ployerfo pay the employed higher wages tn an
| were paid IN other countries.
| In this second volume, also of great interest,
is the history of the Territorial clause" of the
| constitution and an explanation of its purpose.
| The Missouri compromise is treated ably and
| clearly, and much of the general misunder-
standing on many points is cleared away. The
! bred Scott case receives its share of attention
/ in connection with the discussion of the anti
slavery agi alton, and Is followed by treatise
! on Lincoln's constitutional policy and an
| analysis of the reconstruction period.
| Mr. Curtis proposed to write chapters for this
volume under the following titles, but died