Year: 1860

as any in the Commonwealth Why, sir, the public re-
cords show that in the county of Gloucester where they
are most numerous, there not returned for many
years single delinquent. Every paid promptly
his dues into the public treasury Will the records OF
Rockbridge show such n fact? Sir, / take pleasure
here upon the floor of the Senate OF Vrsini in bear
ing testimony to the worth aud the honesty, the nteg
rty and the loyalty of these oystermen They are as
hardy and brave aud loyal aud true men AZ tread the
soil of Virginia Poor they are, but loyal to Virginia
and the South, and true to the instincts of patriotism
as any set OF men that the Of Heaven shiIes upon
And, sir, if the day shall when The sons of
Virginia shall be called upon to protect and defend her
honor and her sovereignty, no men will be found rush.
ing into the conflict with more aacry and courage
to repe the invader from her SOIL than these poor
and humble oystermen. Sir it is because they are poor
aud humble men that stand here to plead their cause,
aud if no other voice is raised in their defence upon the
floors of this General Assembly will stand here single
handed and alone and fight this abominabe measure
which seeks to enrich the treasury by taxing the labor
of the poor to the utmost extremity and TO the bitter
end.


But sir leaving this part of the subject at this point


or shall return TO it again presently, to show that the
tax proposed must fall upon the producer the aborer
and not upon the consumer is cOntended by the pa
irons of the bi) proceed with other objections TO this
measure. submit the Senate and particularly to the
lawyers in this body, that this bill contains provisions
which are in UiOiafion Of tie Federal Constitution. Sir
the bill proposes in terms tar poH to3dge which, in
my humble opinion is clearly unconstitutional. BY the
lOh section of the st article Of the Constitution of the
United States enumCrating the limitation OF the powers
Of the individual States it ordained, THAT State
shall without the consent of Congress lay any duty OF
! tonnage" Now, sir the duty tax imposed by this
BILL IS in fact and substantial effect q tonnage duty.
The och section of this bill provides that The applicant
shall pay to the officer, to whom he applies for license
ninety per ton, according TO the capacity Of his
vessel boat or other craft for every cargo which
he proposes or intends to take or receive find Mr..
President by careful and laborious investigation in
your State Library that there but one Instance in the
history of the country where the power to clay duty
of tonnage attempted to be exercised, except by
the Congress of the United States find that the
I'd day September lS40 the City Council of Charles
ton by an ordinance passed that day. crowded that


All vessels Except national armed yeSscs) which shall
from and after the passing OF this ordinance arrive in the
port Of Charleston and come to anchor in any part 0 the
harbor within mile of the city haul ID any wharf
dock shall pay the harbor master every voyage,
cent and hafper ton according the tonnage iu the
vessels register papers, This tax was rcsisedby the
Wilmington steam packets suit instituted and the
case was taken up the Court of Appeals of South Car
oina Il is reported in Stobhart, p. 59i. Judge
ONeal in delivering the opinion of the court, says -
The question made is this tonnage dlty under the
act of Cong esq On referring to Bouyers Law DictiOn
ary find that after giving the general definition OF ton
mage the capacity OF 4 ship or vessel he adds the dq
ties paid on tic tonnage of shpOr vessel are also called
t,unage lie defines duties by saying it is nearly equiv
aant 10 taxes, embracing all lmpOsltiOus or charges
levied persons or things Consrung The ordinance
by these d uOus IL would seem to be pam, that the
CITY Council Of Charleston has underakcp without the
consent of Congress- TO impose duty of tonnage upon
the steam packets Of the defendants" Aud the court de-
rared the ordinance TO he unconstitutional and void
Now sir the provision OF this bill Is almost IN hoc Cer
ba the language used in the ordnance of tie City Coun
ell of Charleston. But, sir it may be sail that in this
bin the tax duty is not imposed directly on tie TO
maze but that the tonnage Is adopted cony6nie t
mode of ascCrtainng the capacity oi the vessel or
quantity she will carry. answer, that it Is attempting
do that ndirectly which would be clearly uncoas tiol
tiona if done directly It effort to get around tie
Constitution to enact uncouSuuOnallawl II s at Ia t.
u t0pHaJs iug and nothing more nor less can be made o
it, Again by tie Sth section OF the Is article OF the
Con tution OF the nited States the DO Ye to regulate
! commerce with foreign nations aud among the sererdl
Siltes is exclusively vested ia Congress, and any legisa
ton which imposes restrictions upon commerce is void
This bill imposes restrictions upon commerce. Every
vessel engaged in the cuasng trade is urEAhed by the
| United States Government with license Under this
license she may trade in all the waters Of the United
States and tu,spor, any all the subjects OF commerce
Suppose a ship, owned in the city OF Baltimore, should
come to the port Of Richmond for load OF wheat to-
bacco vur aud you required her to pay 81 per ton
for every trip She made when wheat tobacco Hour
was her cargo this would be- piiny unconstitutional
Woull it help the matter any say that you intend to
each bushc OF wheat or pound o tobacco or barrel
ot our carried from the State and you tax" ihc tonnage
of the vessel convenient mode OF ascciauiug the
|
viii carry / cIn 80 distinction in th" tvo eases -
The bushc of oysters kcn from the bottom of the nv
cr IS much the property Of the tongcr ~ the buscl
Of wheat barrel OF Hour il property. The law rccos-
uilrs property il would hr trrspass 10 destroy Jr
riurc IT, aud larceny steal IT, lt has all the chirac-
icri.cs OF property, aud /, a. much subject ol com
nrrcc AS .uur, wheat tobacco. Aud IN both cases
YOU would tax the Instruments OF commerce or the ton
mage of the vessels employed It to ME the agu-
mrut is conclusive and IT there otier reasons


81. TaItHt ItfE al La.
sufficient


Bu, Mr. President. It has been said by ihe Senator
from Rockbridge that this would be paid 10y the con
uner aud that therefore, my constituents would not
sul.t from it, Nov have demonstrated, J. think, be-
voUj ll uneson that this bill il il becomes the law o!
the laud uust aunihiate the oyster trade, and have
pOincl ont the effect which must thereby be produced
upon ms constituents think, sir can a. clearly dem
on,ate that the producer aud not the consumer will IN
this instance pay the tax. do not intend to enter upon
the discussion OF abstract theories Of potcl economy
but to present few plain practical Illustrations which
must strike the minds OF every Senator on this ioor. Sup
pose that this General Assembly should or the purpose
of revenue for any other purpose, undertake TO lay
duty of cents per bushe upon the coal OF Chesterfield
as, nv friend the Senator from Che5eiHeld IT, when
that coal goes into the markets of the world in cOmpe


ton with other coal upon which there such tax
whether the consumer would pay the tax Or III other
words would you get cents per bushe moro for your Goa
because the Government undertook levy and collect th





friends the Senators from Augusta and Frederick and JEFF
ferson suppose duty of three cents per bushe
was laid upon your wheat fifty cents per barrel upon
every barrel of -four YOU send from the great Valley o
Virginia when that wheat and flour into the mar
kets of the world and came in competition with the
wheat and the -four from the other great grain growing
sections Of the Union do you suppose thatt would bring
three cents per bushel fifty cents per barrel more be
cause the Government had made YOU paY this duty be
fore you sent market And, sir hsk the yenera
rabc Senator from Greenbrer, and my friends here OF
nv right (Messrs Richmond and Cheeve9) suppose thai


tax or duty of 81 per head laid upon all the catl
YOU drive to market from your great gozng country
when these cattle come into competition with the cattle
driven into market from Kentucky AMI Western Ne~
York and the other great grazing sections OF the Union
upon which there was no such duy laid would your
| tie bring in market one dollar per head more ii
consequence of the imposition Of the duty laid upor
them Would not this duty or tax come ont of thC
pockets of the producer Of all these articles and
the consumer? There be but ono answer TO these
, questions So it would be, sir with The producer Oh
rather the taker of the oyster. He and not the
mer would nay this tax Particularly loes this appear
when il is remembered that in Maryland, where the Oys
ters are more numerous than in Nrgni, there is sucl
tax prcscrbed-and when it Is further 5parent that from
the very OF the case those Oysemen can form
, combinations against the buyers. Yankee schooner
comes into our waters buy load Of oysters the cap
tain will say to the ongers 81 have been giving you
cents per bushe for oysters but have TO pay three
cents per bushe to the Government agents therefore,


can ONLY give YOU cents These:poOr men canno
saw hen We will not take up any for YOU" because it
n matter Of bread, of life and death with them-thel
must sell at some price it is the only they hav
of making dollar buy the necessaries Of life for thei
wives and little ones and If the cannot make seyenyhv
cents per day they make fifty ccn'sand thus the
iuust pay the t will therefore, he tar HpOn M
irb0r of the poorest classes of society.


But. sir am reminded that am consuming NOR
a., tbr,,T bnI nNi IN he nrO