Philadelphia Register of Pennnsylvania, appeal to citizens Reminiscences of Pittsburg of southern dispensary of watering committee on rail road auditor general's Major Douglass and documents on termina- of Schuylkill Navigation Company of northern and Philadelphia dispensary 69, 95 42 203 Graff and Erdmans examination of the ib of committee of H. R. on termination of ib 70 92 214, 229 212 Jno. M. Reads speech to committee of 97 112 116 191 192 200 212 Report to directors of Liverpool Manchester rail 9 15 of H. G. Sargent on Delaware division do. of Mercantile Library Company of Lehigh coal and navigation company of committee of councils respecting clock of engineers to commissioners of Pennsylva- of commissioners (1760) for improving 115 of committee of ways and means relating to 148 of Philadelphia Athenæum 153 of controllers of public schools 154 167 of directors of mint, on gold and silver coins 160 171 of Adjutant General of apprentice's library company of Mr. Strickland on Penns'a. rail road of committee of H. R. on terminaton of rail of deaf and dumb asylum Mr. Smith's, on national currency Mr. M'Duffiee's on bank U. S. of Infant school society of Magdalen society of Childrens' asylum 1 S 6 Sabbath, bar rooms to be closed on St. Joseph's, society account of Schools, public, report of controllers 28 30. Schuylkill navigation company report 106 108 of Cabinet of natural science of committee of agriculture to Congress on Pennsylvania temperance society of Chesapeake and Delaware canal 295 410 Rain at Spring mill 1810 to 1829 of committee on agriculture on petition of Lebanon 1829 48 28 Lancaster 1811 to 1829 79 Read, John M. remarks on finances of Philadelphia 17 Robinson Moncure,report on Allegheny portage 97,116 speech on termination of rail road Real Estate, sales of at upper Oxford 264 198 416 Rutledge Rev. Mr. address at orphan asylum 80 35 112 172 173 184 183 190 on divorces of Pennsylvania society for promotion of 222 of James Clarke on Juniata division of Penn- 226 of Alex. C. Twining on Juniata division of 191 192 197 206 220 221 228 243 244 302 280,289,305 318 329 345 379 384 388 394 116 79 239 154 222 28 Schuylkill navigation Co.statement of articles as- report of comm'rs for improving,1760 valley described Segar sellers to take out licenses 29 48 112 115 26 80 256 ib. report of Temperance Society ib. 397 114 208 304 208 taverns to be regulated and bar-rooms Spirituous liquors, meeting to prevent sale, 1721 petition to prevent sale of at iron works 114 ib. number of taverns to be proportional to large draught of at Sunbury 368 277 379 Silks and Nankeens exported from Canton,7 years 160 86 399 report to Congress on 384 385 414 letter of P.S. Duponceau on Taverns and inns, act regulating 379 sums paid him from 1820 to 1828 licenses, amount receiv'd for 1804 to 1829 262 59 115 in Bucks, Chester, Lancaster, York and Theatre, Arch street, statue of Apollo Thompson, Charles, Secretary to Tedyuscung Tod, Judge, dies, Tolls, rates of on different canals T Tables, statement of the banks of Penns’a. 1829 Tables statement of bank U.S. ib. 32 116 Mr. Blanchard's, for navigating the Al- built on western waters in diff. years 234 399 Strickland, Wm. on termination of the rail road 239 64 of diseases and deaths at Philadelphia 110, 126 diseases and deaths in Philadelphia 1829 summary view of expenses of Government 112 125 245 of duties on retails of foreign mdze.1821 to 29 255 262 272 308 exhibiting a comparative view of the rela- 308 of assessments, road and county taxes, and 152 152 160 of expenditures of the executive department of fees received by Inspectors of flour, bark, of silks and nankeens exported from Canton of crimes, ages, sexes &c in E. penitentiary 205 of rates of Ex.bet.bank U.S. &different places 244 Tornado in Washington county 188 Torrey, Jesse, jr. proposes to make artificial Travelling over Conemaugh bridge 123 229 Turnpike roads, comparative view, tolls&expenses 399 Union county, sketch of ib. 234 208 298 239 W West, Benjamin, biographical sketch census of York county taxables 51 304,320 111 192 237 365 336 204 382 Wheat, inspected in Philadelphia,1824 to 1829 80,112 263 79 Whiskey inspected at Pittsburgh, 1829 35 59 158 Wolf, Governor, message on raising revenue, 115 185 288 Y 115 and Maryland rail road company bill, Mr. Has 200 town meeting on York&Maryland rail road 232,245 THE REGISTER OF PENNSYLVANIA. DEVOTED TO THE PRESERVATION OF EVERY KIND OF USEFUL INFORMATION RESPECTING THE STATE. VOL. V.-NO. 1. EDITED BY SAMUEL HAZARD. PHILADELPHIA, JANUARY 2, 1830. NO. 105, Mr. Wilkins, from the committee to whom was referred the letter from the Governor of Mississippi to the Governor of Pennsylvania, enclosing a copy of certain resolutions of the general assembly of that state,relative to the tariff of the general government, of 1828, made the following report, which was read, viz. have thought it necessary to fix any restraints or limitatations evince, on their face, the intention and meaning tions to powers which had no existence. These limiof the convention, and are in themselves an express declaration, that the powers granted in the first and third clauses of the eighth section of the first article, were so supreme and unlimited, as to render it indispensable to restrain and limit their exercise on some subjects, and prohibit their application to others. These limitations and prohibitions are few, simple, and easily understood. They merely provide, that direct taxes shall be laid and apportioned according to representation; that duties, excises and imposts shall be uniform; that no duty or tax shall be imposed on exports; that no regulation of commerce or revenue, shall give a preference to the ports of one state over another, or impose a duty on a vessel bound from one state to another. That we have given to this subject, that serious and deliberate consideration, which is due to proceedings emanating from a source, which is entitled to all possible respect. We have examined, in all their bearings, the resolutions submitted, and as the result of our most serious reflection, beg leave to state to the House, that Had other restraints on these high powers delegated in our opinion, they ought not to receive its sanction. to Congress, been deemed necessary, they would have The resolutions of the legislature of Mississippi, pre-been inserted in the constitution before its adoption.sent the tariff of 1828, to our consideration, in four as- Had the states, before its ratification, been fearful of pects. their extent, they would have imposed conditions, or, at the time of adopting the amendments proposed by Congress, on the 4th of March, 1789, have added another to the ten res'rictions, on the powers delegated in the original constitution, by some declaratory or restrictive clause. None such having been inserted or added, REPORT, Of the Committee to whom was referred the Resolution of First, that it is contrary to the spirit of the constitution of the United States. In the first clause of the eighth section of the first article of the constitution of the United States, it is ordained, that Congress shall have power "1. To lay and collect taxes, duties, imposts and ex-it would seem to your committee, that all powers in recises, to pay the debts, and provide for the common de-lation to commerce, duties, imposts, taxes and excises, fence and general welfare of the United States." were finally and irrevocably delegated by the people and states to congress, with no other exceptions than such as are contained in the act of delegation, the constitution; the language of which, is as plain as man can use, and which cannot be construed so as completely to destroy its meaning, import and effect. "2. To regulate commerce with foreign nations, and among the several states, and with the Indian tribes." In the third clause of the second section of the first article, it is declared, that In comparing with the constitution, the act of congress of 1828, and the various laws of congress, imposing duties and imposts on imported articles, which compose what is called the tariff, the committee can perceive no discrepancy. No direct tax is imposed; the duties and imposts are uniform, and exports are not taxed. Viewed as a regulation of commerce, it touches no prohibited subject, nor in any of its parts does it pass over any limitation. It is but an ordinary act of legislation, under an authority expressly delegated, laying and so apportioning duties on imports, as in the opinion of the three branches of the general government, seems best to comport with their duties to its citizens, and the pros perity of the nation: invading no state or private right, violating no constitutional injunction; adopted by no construction or implied power, brought for the first time into action by a fancied or assumed necessity, or forced into the constitution by refined or metaphysical reasoning. The tariff is a mixed measure of policy, revenue and commercial regulation, indispensable in every government, and without which none can effectuate the object of its institution. How far congress may be influenced by the one or other consideration separately, or by all combined, is for them to decide under their high responsibility to the people. But the power to give These are all the provisions of the constituion of the United States to impose taxes, duties, imposts, excises, or to regulate commerce. These powers are given in terms too clear to admit of construction, too comprehensive to exclude any subject, too plenary to admit of any limitation, without actual violence to, and total per-greater or less weight to the various reasons which may version of the plain language and evident intention of be urged on them, for the adoption of any act of legisthe convention. It could have been considered by lation, is necessarily incident to every deliberative asthe convention, in no other view, else they would not sembly, and entirely incapable of any precise definition. VOL. V. 1. "3. Representatives, and direct taxes, shall be apportioned among the several states, which may be included within this union, according to their respective numbers." In the clause first referred to, in the eighth section of the first article, is another limitation. "But all duties, imposts and excises, shall be uniform throughout the United States." In the fourth clause of the ninth section of the first article, is another declaration, that "4. No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration, herein before directed to be taken." And in the fifth clause of the ninth section of the same article, it is also declared, that "5. No tax or duty shall be laid on articles exported from any state. No preference shall be given, by any regulation of commerce or revenue, to the ports of one state over those of another; nor shall vessels bound to or from one state, be obliged to enter, clear, or pay duties in another." experience and the patriotism of its framers, it is the most perfect and noble work which ever came from man. Self-explaining, self-construing, it is in all respects what it ought to be, to accomplish what were the great purposes of its adoption. Had it been so accepted and acted on, had not the mighty lever of construction been applied to force ungranted powers into, or granted powers out of the constitution, the country would have been saved the dreadful conflicts, which have, yet de, and may continue to threaten its peace and national existence. They have arisen, not from the difficulty of ascertaining, what is the declared intention or meaning of any of its provisions, but what was the object of their enactment, from not being content with finding them clearly and plainly contained in the instrument, but inquiring, why they were there, and into the reasons of their adoption, the mode in which they should be exercised, and the objects to which they should be applied. Having plenary power to lay duties and imposts, as well as to regulate commerce with foreign nations, the detail of any act which they may pass on these subjects, the name which may be given to it, or the reasons which lead to its adoption, become necessarily matter, not of power but expediency. These considerations fully satisfy your committee that the present tariff is not only, not contrary to, but in perfect accordance with the words, the meaning, as well as the declared intention of the constitution. But as the legislature of the state of Mississippi declared it to be contrary to its spirit, some further remarks are deemed necessary. When by an inspection of the constitution, there is found EXPRESS and EXPLICIT authority in Congress, to legislate on any subject, we have always believed it to be supreme; capable of no diminution, but by its own limitations, and these declared in terms equally clear with the original grant of power; and we confess our selves entirely unable to understand, what is that spirit This must necessarily lead to endless contention. The of the constitution, which can annul its plainest enact- individual or the state who is permitted to assign the ments, and abrogate the most plenary powers which it reasons, motives, uses, objects or purposes, of any conconfers: which takes from our government the right to stitutional enactment, becomes the maker of the constituregulate commerce; to lay and apportion duties and im- tion. It is no longer the work of the convention, but posts, leaving it incompetent to protect and support e- becomes subject to alteration, resulting from every ven itself, to pay its debts, to protect its citizens from change of opinion. The treaty making power, the charforeign legislation, or provide for the defence or welfare tering of banks, the sedition law, the embargo and nonof the country. Your committee can recognize no oth-intercourse laws, the measures connected with the late er "constitutional spirit" than that which pervades all war, the Missouri question, internal improvement, and the ordinances, is visible on the face, declared in the the tariff, have agitated the country for forty years,—not provisions, and consistent with all the parts of the con- because the constitutionality of every measure could not stitution, which is its best, and ought to be its only ex-be easily settled, by reference to the plain words of a positor. When we once depart from this spirit, and by written compact of confessedly binding obligation; but an ingenious & refined train of reasoning, supposititious because statesmen have devoted all the faculties of their and conjectural, endeavours to invent, or think we dis- minds, to look through the constitution, to discover the cern the use, object or purposes, for which any power secret reasons why its authors had agreed on this or that is delegated or prohibited to Congress, or referred to particular provision. If the lessons of experience and the people or states; and then contract or expand exer- the present situation of the country, do not furnish a secise or disclaim the power according to such supposed vere commentary on this subject, the committee are use, object or purpose, we are without any certain much deceived. To them, they seem a solemn warnguide. When a grant of power is reduced to writing, ing, against all attempts to bend the constitution to each party knows what is granted, prohibited or refus- the varying views, which interested party or local feeled. When it is done fairly and understandingly, each ings, may cause to predominate in the minds of individparty knowing their respective rights, know how and uals, or the deliberations of state, over the safety and to what extent to exercise them, and are bound by their permanency of our institutions. respective stipulations. Neither would be permitted to If after forty years of discussion, the great fundamenevade them, by the invention or suggestion of some un-tal principles of our government are set unsettled, if the divulged motive for their insertion in the instrument. powers of Congress, in relation to revenue, commerce It would, in all the private transactions of man with man and manufactures, navigation and internal improvement, be carried into effect according to its tenor, terms and are yet undefined, the wisest man in the nation will not declared meaning. Why more respect should be paid, dare to predict the period of political peace, or, the to the written contracts of individuals, than to the great youngest expect to witness it. Public good requires and solemn bond which unites the people of a great re-that these distracting questions should be settled, and public with each other, and to their government, which that we should, by common consent, unite in adopting, connects twenty-four free, sovereign and independent as the rule of our political faith, the great charter of our nations in a federal union; which creates a new govern fathers, which, to all times, and to all generations, speaks ment for national objects, distinctly set forth, and on the the same language; and no longer mislead ourselves or efficiency and permanency of which the rights and hap- others, in vain attempts to discover reasons, motives or piness of millions depend-the committee are utterly at purposes, about which politicians and statesmen, have a loss to conceive. never yet been, or ever can be, able to agree. No subject can more forcibly illustrate the propriety of these remarks, than the one which is now immediately under consideration. The tariff of 1828, is a regulation of commerce with foreign nations; a matter not on If public peace and private rights are at all worthy of consideration:-if there must be a concession by the people and states to a federative government, of so much of their rights as is necessary for federal purposes; it is of infinite importance, that it be done by a com-ly of express, but of exclusive delegation to Congress.pact, clear, simple and explicit in its terms, and con- By the second clause of the tenth section of the first artaining in itself a standard and test, by which collisions ticle of the constitution, the states are prohibited from of power with power, and right with right, may at all imposing any duty on tonnage, imposts or duties on im~ times be avoided or settled. Without such a standard, ports or exports, without the consent of Congress. We without some unerring regulating balance wheel, the know not by what authority, any state can say, that she complicated machinery of our governments will never has refused any control over foreign commerce, or, can move in harmony, but be soon destroyed, by the con- attempt to deny to Congress express, plenary, excluflicting interference of parts with parts and of parts sive and supreme power to so regulate it, as in their diswith the whole. The convention of 1787, gave such a cretion the public good may require. This tariff is alstandard to the country. Whoever examines, can un- so a revenue measure, imposing duties and imposts on derstand it. Free from obscurity, consistent and har-imported goods. States are prohibited from legislation monious in all its parts, the result of the wisdom, the on this subject, except so far as may "be absolutely ne 1830.] REPORT ON THE TARIFF OF 1828. 3 tion, the harmony of our public councils, the safety of our institutions, and the good feeling between the citizens of different states, and those engaged in the suppo sed rival and hostile pursuits of life, may no longer be disturbed by complaints against the oppression of 'unconstitutional tariffs.' cessary for executing its inspection laws;" and by the last recited clause, "the nett produce of all duties and imposts laid by any state on imports and exports, shall be paid into the treasury of the United States, and all such laws shall be subject to the revision and control of Congress." And are the laws of Congress on these subjects to be subject to the revision and control of the states! Can THEY prescribe the articles of foreign importation, which shall alone be subject to duty and impost, and determine on the amount which shall be apportioned to each? If such is the language, the meaning, or the spirit of the constitution, then we must apply to it a rule of construction, which contradicts and reverses the plainest and most distinct of all its declarations. It is presumed that the legislature of the state of Mississippi, in declaring the tariff of 1828, to be unconstitutional, could not have intended to exempt former tariff's from the same imputation. Such presumption would be derogatory to their patriotism, their sense of national justice, as well as their regard for the interests of other states and sections of country. This so much vilified tariff, imposed no rate of duties not contained in others; it neither embodied any new principle, nor abrogated any old one-its principal object was to equalise the duties on imports, so as to bring the products and manufactures of the middle and western states, under the operation of the same national protection which former laws had afforded to the products of the southern, and the shipping, the fisheries and the manufactures of the eastern. The tariff of 1816, imposed on cotton, wool and sugar, a duty of three cents per pound, on snuff twelve, and manufactured tobacco ten. Yet the most distinguished statesmen of the south voted for these duties. Was it for revenue alone? Had they no eye to the protection of the products of southern climates? At this time no question of power had arisen in congress.Policy and expediency alone, influenced its deliberations. Yet in the same law which fixed these duties, the duty on bar iron was reduced to nine dollars the ton, a convincing proof, that even in the estimation of southern statesmen, congress not only had the power of protecting the staple products of one state, to a greater degree than those of another; but, that considerations of sound policy authorised its exercise, both on manufac tures and raw materials. These are not views of recent development. They were declared by the fathers of our constitution, the founders of our republic, at the first session of the first congress in "An act for laying a duty on goods, wares and merchandises, imported into the United States," in these words "Whereas it is necessary for the support of government, for the discharge of the debts of the United States, and the ENCOURAGEMENT AND PROTECTION OF DOMESTIC MANU If the powers of Congress are to be thus restrained, as to the regulation of commerce, and the laying of duties & imposts, we must naturally inquire, whether there are any which remain for their exercise, on the other subjects of express delegation. Your committee are certain, that this state, and are confident that the nation, is not prepared to apply any rule of construction which shall not be uniform. The control of all our foreign relations-brown war and peace-the army, navy, and judiciary, is not more fully or expressly delegated to Congress, than our revenue and commerce. If by any refinement of construction or implication, a supposed case, object or purpose, can be discovered, which can impair, abrogate, or restrain them, as to the one, it can as to all the great powers which have been conferred by the people and states. If the great design of our confederacy, was not to enable the general government to afford protection to the interests of all parts of our republic, then, it is powerless as to all. If it is unconstitutional to encourage and protect any one great branch of national industry, then, are all at the mercy of foreign policy. If the government cannot in the same law provide for its own support, the welfare of the people and the defence of the nation, then, it is incompetent to do it by separate acts, and incapable of fulfilling any one object of its formation. The interests of agriculture and commerce, manufactures and navigation, are not separated in the con stitution; neither is its favorite or reprobate; all are alike legitimate subjects of national guardianship, or are equally excluded from national protection. If duties on imported manufactures are contrary to its spirit, so are duties on tonnage, bounties on fisheries, and all embargo, non-intercourse and navigation acts Thus, the great question which involves the validity of the tariff of 1828, involves alike, our whole code of legislation, over every item of national interest and industry, which can be affected by foreign policy. On its decision by the American people, the fate of the farmer and the fisherman, the planter and the mechanic, the manufacturer and the merchant, alike depend. Our government is competent to protect the products of our soil and seas, our shipping as well as our workshops, or it must abandon all to one common destruction. It is earnestly hoped, that in this great contest, no section or state of the union, will be governed by sectional or interested views; that none will claim for its own productions, a greater degree of protection than they are willing to afford to others; that those who have already received protection by former laws, will cheerfully consent to the reduction of all duties on all articles, which come into competition It is much regretted by your committee, that the reswith their own, to the same rate which shall remain, on olutions under consideration, do not point specifically to those embraced in the tariff of 1828, after it shall have the parts of the law of 1828, which transcend the powers been repealed. And that the tariff which is to recon- of congress: that they do not designate the articles on cile all conflicting interests, and restore peace not only which an unconstitutional duty is imposed, or afford any between contending parties, but states, and the great criterion by which the line can be drawn between those sections of the country shall, when modified with a sin- duties, imposts and regulations of foreign commerce, gle eye to revenue, IMPOSE THE SAME DUTY ON SUGAR AS which are valid and binding on the states,and those which ON IRON, ON COTTON AS ON HEMP, ON TOBACCO AS ON are void and "ought to be resisted." If your committee WOOLLENS, AND ON FISH AS ON HARDWARE. That with are left to judge from the uniform course of legislation common consent, the protecting principle shall be im- for forty years, under every administration, and midst partially applied, or expunged from our statute book, all the strifes of contending parties, congress has always wherever it can be found; so that the repose of the na-freely acted on the principle of being fully authorized to FACTURES, that duties be laid on goods, wares and merchandises imported;" be it enacted, &c. This was the first tariff under the new government.It has never been declared or even said to be unconstitutional. Yet it contains one explicit declaration, that one of the reasons which led to its adoption was the protection of manufactures; a declaration publicly asserting the power of congress, which was never questioned by any statesman in the union for more than thirty years. Congress have from time to time selected such objects, as seemed to them most deserving of encouragement and protection, varying in degree according to circumstances, and extended in amount as the public interest seemed to them to demand. Never dreaming until 1820, that the constitution had interposed any impediments to that system, which was coeval with the government, and which was proclaimed in the first revenue law which was passed after its organization. |
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