Newspaper Page Text
In the II. of R. Dec. II, 1«SB-Re»<l anil ordered In In- Printed.
venue lull. It is calculated to diminish the revenue. In thin, the the agricultural and mercantile Interests are oppressed. Is not the
luw is inexpedient and injudicious. But the avowed object of the tendency to restrain and diminish foreign commerce ? Does it not
law is to promote manufactures at home. Under the power there-1 abuse and pervert the power, “to raise a revenue," us well as the
fore to raise a revenue, for specific national purposes, n different oh-- power “ to regulate commerce 1”
MEMORIAL ,
Addressed In, the General Assembly of the Slate of Georgia, to the jject is pursued In this the power is perverted. If the Inw ho called
A Anti- Tariff States, on the subject of the late Tariff—-By Mr.;' 1 ' regulation of commerce, ms m like manner, inexpedient and op-
YVALKER, of Richmond. ’
A Memorial from the Senate nnd House of Representatives
General Assembly, representing the feelings and opinions ol the
people of the State of Georgia, upon the Tariff Law, passed at the
First Session of the 20th Congress ; submitting to the States opposed
to ihut obnoxious law,
of this State to it, and
sition to the law, and tile
pressivc
If the law in question, upon its face, promised a greater prosperity
to our external commerce, which the Constitution intended to pie-
serve nnd extend by wise regulations, we should deem the power to
regulate it, faithfully fulfilled mid executed. But on its very face,
the features of ruin are set forth in lull relief—And a short experience
a summary of the principles of the opposition m """ ,u ” , f , . . . 7 7
1 ... i r „ has realised tho consequences winch its provisions indicated. Is the
requesting a concurrent Const u.mna oppo- ,, , . , , cn ,J|„ t(! d in reduce its legitimate object 1 If ox-
,0 W which it is i .ten led to fos or ^ f ^ „ ot merely its inefficiency, bn. its
iise ol Representatives of the Mnte ol t.cor-i* ... ....
The Senate and House ot Kepre
gia in General Assembly mot, solicit the concurrence of their sister
States opposed to the Tariff lately passed, in resisting the law ami
its operation, upon the following reasons, and in the manner here
inafter proposed.
1st. Wo oppose the Tnriff Law. last enacted, because wo believe
it to lie both in its olijivt nod its spirit, unconstitutional.
It is unconstitutional—l«t. Because tho power "to lay and collect
duties and imposts, to pay the debts, nnd provide for the common
defence and general welfare of the United States,” is abused and
perverted to the accomplishment of objects not within the sphere nt
injurious operation, policy on the fire* ground requires ; justice, expe
dieticy nnd necessity demand it on the second. If the decline nnd
ruin of our commerce, is the consequence of an attempt to regulate
it, the consequence proves the measure to lmve been injudicious,
either in conception or execution. Either would be u sufficient
ground of repeal. If tinder the pretext of “regulating commerce,"
or of “raising a revenue," the aim is, lu effect n collateral und indirect
object ; if n legitimate power he used in disguise, to accomplish a
purpose, which, if the power and right to accomplish it, existed, cnuld
he accomplished by u direct, overt, and undisguised exercise of the
power;—then, and in the first ease, the legitimate power is abused
direct federal legislation. The power into, drd to be given by the rt „ d . nnt | in t |,e second ease, the stratagem resorted to.
Constitution, to Congress, is that uf raising n ri venue, o o ijec s | m .g Ueg t | |C co ,| gc i„u 8 fiess of using improperly, a proper power, nnd n
disregard of the restraints nnd limitations of the powers of the Con-
specified.
The late tariff destroys the revenue, and is intended and avowed,
to have for its ohjert, the encouragement nnd protection of Domestic
Manufactures. As it destroys, or nt least, diminishes the Revenue,
it is so far inexpedient.
It operates thereby, indirectly as an onerous tax upon the consu
mer* of Southern productions. So far, it is unequal nnd oppressive
—therefore, it is inexpedient and impolitic, ns a general law.
It intends to encourage and protect domestic manufactures, by re
versing the accustomed course of exchanges in trade—viz. the raw
materials for manufactured commodities. It thereby intends to ef
fect an entire alteration in 1 lie system of our commercial intercourse
with foreign nations. Hitherto, the trade of tho United Slates has
been comparatively absolutely free ; subject only to regulations, ex
pedient, w hen considered in relation to the raising i f a revenue—
The present tariff restrains its freedom, and therefore, lessens both
its extent and its profitableness.
2dlv. It is unconstitutional—Because if it ho defended under the
power to “ regulate commerce with foreign nations,” w bile the avow-
«d ohjdet is, to cucotiriigo and protect domestic manufactures, it is a
palpable abuse of the power given by the language of the Constitu
tion—For under a power of prescribing the rules of exchanging for
eign and domestic commodities, the power is so perverted ns to en
danger, not only the prosperity of our coinineice, hut almost its very
existence, in the anxiety to accomplish un object, altogether domes
tic, and even sectional. An object too, which the Constitution in
tends to effect, by means prescribed, anil altogether different from
those used. For, under the. power to promote “ the useful art*," an
ample and effectual general power, with a prescribed inode of use,
resides in Congress to encourage and protect nil useful arts. To
use another and n different power, capable, indirectly, of effecting!
stitutiou. This spirit is censurable, and calculated to impair the v i
gour of the Constitution, and vitiate the purity of federal legislation ;
it leads to the use of unconstitutional powers; it leads to illiberal
nnd sectional legislation ; and produces a disregard or oblivion of
national interests.
While complaining of u law intended solely to promote sectional
objects, wo will endeavor to avoid an opposition upon sectional in
terests and feelings. We arc aware, that if each State consulted its
own interests alone, tho consequences might be particularly disagree
able nnd injurious to others ; so ton, if one section of the Union
acted oil the same illiberal principle. It might be impracticable in
the Federal Government of these States to secure all rights of inde
pendent sovereignty to each, and all the particular interests of an in
dividual State, or section of States, to their fullest extent, anil yet
provide for thu interest and safety of all. To reconcile all to federal
legislation, partial and conciliatory compromises of sectional inter
ests, must ho made. Individuals entering into society must give up
a share of liberty to preserve the rest. This is the rational and luir-
CongrcHs has |»ower “ to promote the useful arts"—Among them,
eertamly the arts of iniiiiufacture und the art of agriculture—How ?
B)’ forcing the fruits of agricultural industry into one channel, anil
into one market 1 lly forcing them to contribute to ummifucturcs ?
And thus in effect giving bounties to manufacturers, to stimulate
their activity nnd their enterprise T No—But by securing to the in
ventors of improvements, in the useful arts, the benefits of their in
ventions nnd their discoveries. Household industry supplies the im
mediate wants of families—their food and their raiment. Advanc
ing one step further, nil individual for gain, mid the cnnvuiieuce of
n neighborhood, mav manufacture, to supply for equivalent compen
sation, the wants of u population around. Thus the progress i-
spontaneous und imturul. The progress of their increase und diffu
sion throughout n country, is alike natural, nnd proceeds upon the
common principles of necessity, convenience, profit, and ability ; ns
these are developed amidst an increasing and improving population,
daily und yearly acquiring n thousand artificial and refined wants
Manufactories, which supply the various convenieucies and elegan
cies, which refinement or luxury, either require or crave, will nntur
ally spring up by the enterprise und cupidity of individuals. Thev
will he resorted to as n profitable, or supporting species of labour, by
thousands; and will he seen to increase and prosper, according <o
the amount of the wants nnd demands of population.
The greatest stimulant to the improvement und extension of the
useful arts, exists in the power resident in the Federal Government,
to appropriate to individual genius and skill, the benefits of its in
ventions and discoveries. The Federal Convention, sagaciously
foreseeing this natural progression of improvements, wisely with
held from Congress, the power to promote them by additional pro
tecting laws. By this power the same rewards are held forth to ac
tive and inventive genius, throughout the Union. Wlnit further
power could have been accessary ? Can Congress incorporate a
company of manufacturers, in nay one of the States? It cannot-—
If a power of protection, other than that specified, “ to promote the
useful arts,” was intended to he given by the Constitution, to ('(in
gress, why was it not given in some direct, positive, indisputable
form ? Blit at. express refusal to give such n specific pnwci, is re
corded on the journals of the Convention ! Ami the power of grant
ing patent rights, for inventions nnd discoveries substituted ns more
expedient. A power highly remunerative and incapable of oppress
ing.
A tariff for raising u revenue, is constitutional nnd necessary.—
Further than this, no object was intended by the power. The legis-
monizing spirit, und doctrine of Inw. It is strongly applicable to I Intivc power of llic several States is the proper power to promote
these States, confederated for the great purposes of general defence,
general benefit, nnd general harmony. For the advantages nnd be
nefits of union, the interests of particular States, or divisions of states,
should be in some measure compromised ; that a spirit of liberal and
fraternal conciliation should regulate all measures intended to ad
vance their pecuniary prosperity. Thus, if it be the interest of the
Middle and Western divisions of the Union, to manufacture, tlieit
interests should not ho promoted by making the agricultural divis
ions of tlui Union tributary to thorn.
'The population of the first div isions, which secures to them a nti-
merical predominance in the federal councils, enables them to con
such objects, concurrently with tlmt, obviously intended to effect | nfl 11:11 , r . T . . .
.... ,. •_ trol the measures ot legislation to their particular benefit. It is true
them, is an unconatitutiounl abuse of the former power.
3Jly. Independent of its nncnnstitutionnlity, the law is inexpe
dient, and oppressive generally, particularly on the Southern division
of the United States.
It is inexpedient, because it brings into premature exi.-tenee a vast
system of industry, which should be, and which in time, would he,
the natural and spontaneous production of circumstances, uml the
that the political will of the Union, (if n majority of members on
the floor of Congress, he considered a fair representative of the will
of the Union,) was in the Congress which enacted the Tnriff, clearly
in its favor. Are we told, we must submit to the will of ihe majority?
Wo reply, that while we admit tho general propriety of submission,
to that voice, does it imply, thnt we are to observe the doctrines of
condition of the country.'' This is nothing but pure pnliftu.il rmpiri- obc \ Ucn f f ™>"'‘*istauco?” That would preclude the
i, • . . , ; , .i . ■ i .... I ‘ .. constitutional right ol remonstrance. Cut such sentiments arc not
cism. It is inexpedient, because that industry having this factitious
origin, must tic sustained by n continued and like factitious support.
Law after Inw will lie required, or demanded, to support tlmt depart
ment of labor which springs up under tile encouragement of law—
Avarice nnd cupidity are extravagant in their schemes of pecuniary
adventure—And every revulsion of thoir affairs which injudicious or
limmdless speculation may produce, will, ns the commercial policy
of England exemplifies, lie sought to lie remedied, by cumulative
impositions upon foreign commerce.
It is oppressive, because one species of industry is directly sup
ported by government, at the expense ot other branches of industry.
The productions of Southern agriculture, which hitherto have mainly
supplied the exportation of this country, and drawn its varied and
abundant importation of manufactured commodities, ire almost
fortrd into domestic markets, and confined within one c.haum I.
the native growth of freedom nnd republicanism. Besides the abili
ty to use n power, does not necessarily imply the expediency of using
it; ori tho contrary, where tho difference between a majority and a
minority is small; w here opinions and feelings on subjects, are al
most in equipoise, reason nnd prudence require that a dominant party
should use its power with delicacy and caution. This should espe
cially lie the ease with the States uf this Union. Under our Federal
arrangement, Congress is made the depository of certain powers,
yielded up by the States severally, for general objects ; objects which
in relation to the Union, limy be called national, in contradistinction
to State objects. Amity, arising from, nnd cemented by a thousand
sympathies, and bencvolencies of revolutionary endearment, presided
ut this scene of compromise nnd concession. It becomes us to recur
to this period ; to cntcli from the records und events of those times,
A liberal reciprocity of trade, between our own nnd foreign nn-
i the spirit which influenced their political agents; to carry this spirit
tions, being by this means destroyed, the vender of agricultural pro
ducts is in effect deprived of u choice of markets, either foreign or
domestic, and compelled to vend in the latter. Confined to tlmt, ho
is dependent on the manufacturing consumer, lor the price of his raw
materials. The competition of manufacturers caunot sustain their
old prica-. And the law operates unequally and oppressively in
this—that tiie agriculturalist is deprived d? the liberty of choosing
his market.
been Ins
excitin
with us into the Councils which net upon the interests of the nation.
Those who look not hack to thoir ancestors, seldom look forward to
posterity, the present fills their conceptions, and the future and the
past, are alike imliflerant to them. When the past is thus consider
ed, tho wise uml judicious will doubt and hesitate to exercise n power,
or execute n measure, ruiuous of the interests of, nnd therefore, of-
i tensive to a large minority of the Union.
But to reconcile the. Southern division of the Union, averse to
pursuits, the fruits of which have hitherto been protitn-
for the various commodities of foreign nations—to
„ | • ... . • i i r ■ rcc-unune .vun-r.iiglaiul to the diniuitilioti of her boundless carrying
or heavy impositions upon foreign ....ports, exclude forcgi.w* fiou, lra(lc .„ tI|c fornicr , | i prolllist!< ] tl ,i eager market, and a fair pricS for
market, by destrov.ng the equality ol reciprocalI advantages. 1 „ u , llCtS of U.oir soil-tho latter is promised abundant employ-
lit-ni In ° V7 ;r r C0 " U r U ' nv,r “ !t - rl,c m,VH1 ’‘"S° *' m ' Lent, In exporting .lie riel, nnd various manufactures of the United
toloro enjoyed, by tho agriculturalist, i» destroyed—lie iio longer can I „ . ’ — 1 h ■
control his prices by the power of optional disposition, nt home or
tlmt tlie agriculturalist is deprived at tlic liberty ol choosing . “ .
®rkct. This liberty, hitherto enjoyed, ntid which has hithertoJ , r™'
Ins security, for fair nnd adequate prices of Jits productions, by J, ‘ “ » " ‘
lg foreign and domestic competition, is in effeci taken away— reconcile N'evv-E
abroad, but is controlled by purchasers independent in their fortified
monopolies.
This abstraction of an indisputable right of the agriculturalist,
under the free trade intended by the Constitution, is not, and cannot
he coinpeusated by the promised, yet contingent, remote, nnd im
probable advantages resulting from manufacturing rivalry.—It is in-
expedien*, because it brings prematurely into existence, those man
ufactories whose materials are drawn from the mines of the earth,
by imposing duties on tho articles nmnii.actured abroad, with u view
to prohibit their introduction, and protecting the manufacture of the
same urticles at home. The prices of manufactured imports, are
thus regulated by law, to efl’eet nil object in its nature 1 partial ami
sectional. This too, is u restriction which operates unequally. The
consumer is deprived ot the udiunlugo of seeking a supply of Ins
wants, on equal terms, at home or abroad, nt his option. The prices
of foreign manufactures, and other commodities, are arbitrarily fixed
high, to force the consumer ta purchase, what under such restriction
can he procured cheapest ; which must he, the domestic imiiuifue-
lure. IleYe the manufacturer is the favorite of government—legis
lation directly confers upon him peculiar advantages—while the
agriculturalist pays him tribute, und is in dependence upon him.
States. These promises proceed upon the following assumptions.
1st. That by legislative protection, domestic fabrics, and manufac
tures in general, can lie. supplied nt us cheap, or cheaper rates, and of
qualities ns goon* as they can lie brought to us from abroad.
■' ' ” " ‘’ml qua
2d. Tlmt the domestic consumption will use tip nil tkulTjuantilv
of our usual exports, w .'uch our imposts may hereafter prevent for
uiguers from taking.
3d. Tlmt the nautical carrier shall experience no inconvenience
from the ruin of the usual carrying trade. That il shall be compen
sated by a new nnd equally extensive and profitable trade, in carry
ing the competing manufactures of Ana ra'a into distant markets.
These assumptions proceed upon grounds highly improbable-—nny,
almost impossible. Contingencies nre promised ill satisfaction for
certainties—benevolence is proffered in substitution tor rights.—
These are the expedients used to soothe tin indignation, urcosed by
the rigorous nnd oppressive, exercise of power ; n power distorted
and perverted. We decline a repetition of the powerful expositions!
made against the first assumption. The price of u manufactured
article is nindo up of three components—1st. The price of the raw
material—2d. Tho wages of labour—3d. The profits of capital.—
The powerful expositions which have gone forth to the world, show
to diminish our revenue. If the
ncuiiurtuist pays nun tribute, and is hi dependence upon nun. j*! 1 ® * ul, bty ol the hist.assumption. 1 he otaer assumptions are cu
lt might he assuming too broad a ground, to say tlmt the Uonsti-1 Gtled to as much credit as the first,
tutiou forbids the encouragement and protection of nnv object of in-1 '1 be. present 'l aril! is calculated
dustry—that it forbids the protection of any manufacture'whatever, i course of policy, pursued in raising tho imposts on all imports, be
It is both advisable nnd patriotic, that nil the necessaries and implc- Holly effectuated ; and the domestic manufactures supeuvdc those
menu of military use, in protecting mid defending our rights, and j hitherto imported—in which process, our external commerce will he
our honor as a nation, should he the product of national industry— dwindling away, nnd with it, our revenue, the question arises, what
“To provide for tho common defence and general welfare.” is n j "'ill he the resort, to raise a revenue ? Direct taxation. Wedopr,-
power clearly given to the Congress. The power given is vague, i cate the time when this w ill take place ; when the citizens o! the
uml it taken separately, indefinite; but when taken in connexion different “lutes wall he called on to support, by direct taxes, lint only
with tho cautions, and even jealous limitations of feder il powers, 1 1 heir particular Slate, hut also tho 1 ederal (internment, Patriotism
and considered in reference to the specified general objects of out j will chocrltdly submit to onerous exactions, to sustain t.u* goveru-
conl'ederation, it cannot be deemed to be a power, limitahlo only by I meut in exigency mul peril—bn* it will fid with indignation the
the discretion of n majority of Congress. Docs not Congress pro’- j weight of any imposition, which sectional power, influenced by the
vide for the “common defence and general welfare,” in erecting for-! dliberality ol sectional interests, may impose. It will led with re-
tifioutions? Is the “ general welfare” something distinct from, niu!|!pd< mingled with n pioud contempt, a faithless departure from the
separable Iroin, the “ common defence ?” And if so, what class of|b'iter mid spirit ol a compact, termed with the fimde.st hope ot its
objects ami measures can he enumerated under it ? The power to perpetuity : and luthcrio, until recently, ^cherished nnd adhered to
“provide” tor the “general welfare” ccrtninly confers mu u disere-1 with nn exulted and patriot reverence. I axation is a power, which
tiouary power over every object of human legislation. It refers tojto avoid offence, requires .: delicate use and execution. An indirect,
appropriations of money, for proposed objects, un laded within the
manufactures, by incorporating companies. Such is the common
mode of concentrating the wealth of individuals, and rendering it
when thus united, competent to do, what individuals could not effect.
.Such too, nre voluntary associations, formed with the hope, or the
certuiniy of particular advantages ; and ns such, their efforts may
he considered as private enterprises. Thus, there exist two proper
depositories of powers, eapublo of producing the same effects, by
two different modes. The Federal Power, specified in the Constitu
tion, (Art. 1st Sec. S) “ to promote the useful nrts”—And the State
power of incorporating companies, or giving exclusive privileges for
nny specific objects, promotive of its internal prosperity for
ample, manufacturing companies, when circiinistii’ ces hold forth to
a combination of individuals, ihe prospect of profitable exertions.
These powers, arc too, in strict concurrence. A judicious ami ne
cessary tariff'may, collaterally, stimulate domestic industry—arou-e
activity—and inspirit speculation. Such results may often succeed
upon u truly revenue regulation ; and the fact of their following,
proves the regulation to be judicious. But wlint nre we to sny of n
tariff' which prostrates commerce ? Which operntes so oppressively
oil the fair and honorable enterprise of merchants, as to produce the
smite effects, as a law, to promote smuggling ? We must condemn
it us injudicious—And when we consider the Inw to have been en
noted to cncournge domestic ninmifnetures, we must condemn it ns
unconstitutional. Further—If such n power was intended to reside
in Congress, other than thnt expressly given, why did the Constitu
tion expressly forbid the imposition of duties on exports ? Does not
tins exemption intend, and in fact, promote an absolute freedom of
trade ? Yet, the present tariff'policy, intends by a reverse operation,
to defeat the effect of that exemption.
Euglniid promoted her Woollen Manufactures by inhibiting the ex
portation of wool. To promote manufactures, bIic pursued a course
the opposite of the “American System.” Yet tin Euelish plan is
that, which would directly promote the objects of the “ American
System.” This plan cannot he pursued— it is forbid by the Consti-
lution. Yet such, if the Constitution hnd intended it, would have
been the power, given, u> legislate the country into manufacturing
towns—-Prohibiting the exportation of our raw materials, would have
induced the necessity of manufacturing. Thus the country might
have become nil iuexhnustnblc supply far the wants of the commer
cial world.
One section uf the Union may lie destined by its physical circum
stances, mainly to pursue manufacturing. If so, the rapid progres
sion of every thing, amidst lively nnd unlettered enterprise, will early
dcvelopc that destiny. It will he sustained by circumstances more
powerful mid permanent than legislation. Amid the rival industry
of sister States, absolutely free in their social nnd commercial inter
course, what is mutually advantageous will he developed with insen
sible rnpidity—when thus made known interest will lead to their en
joyment. Proceeding thus, a Federal nnd Domestic Legislation,
I able to the natural bias of sectional interest, and therefore to abuse
und partial oppression, being abandoned, the gcogrnpical delineation
and fosterage of particular interests, will produce no heart burnings
among the several divisions of our Union.
Wc, therefore, recommend to our sister States opposed to the re
cent Tariff'Inw, solemnly to protest to the Senate oPthe United States
against thnt obnoxious Inw—to deprecate the abuse of limited powers, to
accomplish ends, capable of accomplishment by legitimate and pre
scribed means.
We recommend n remonstrance to the States in favor of the tariff,
advising of its injurious tendency nnd operation to their sister States
opposed to it, mid insisting on the necessity of compromising sec
tional interests for the general good.
We recommend n policy for self-preservation ; exhorting each
State opposed to the tariff' policy, to ward off its effects, by living ns
far ns possible, within itself.
W c recommend a continued and strenuous exertion to defeat tlmt
general pernicious, mid unconstitutional policy, contemplated and
pursued by the advocates of the tariff.
Such menus, may restore Federal Legislation to the standard of
Constitutional correctness. Times, occasions, and provocations,
tench their proper lessens nnd expedients. Future measures will be
dictated by expediency; the nature nnd tendency of injury will sug
gest t he mode and measure of future resistance.
In the Constitution 17sT, the powers delegated are clearly defined
and particularly enumerated. The amendment to the Constitution
is more explicit. It declares that the powers not delegnted to the
United Stales by the Constitution, arc reserved to the States respec
tively, or to the people.
The States were granting powers to the General Government, nnd
as they enumerated the powers granted, it was useless mul would
have been superfluous to have made special reservations. The af
firmative grunt of powers enumerated, operntes an exclusion of all
powers not enumerated. ,
The States in forming the Constitution, treated with each other
ns govt reign and independent governments, expressly acknowledg
ing their rights of sovereignty, and inasmuch ns they divested them
selves of those rights only which were expressly delegated, it follows
as a legitimate consequence, tlmt they are still sovereign und inde
pendent ns to all the powers not granted. ,
The States respectively, therefore, hove in the opinion of your
Committee, the unquestionable right ut case of any infraction of the
general compact, nr want of good faith in the performance of its
ibligatinus, to complain, remonstrate, and even to refuse obedience
to any measure of the General Government manifestly ngainst, nnd
in violation of the Constitution ; and in short to seek redress of their
wrongs by all the means rightfully exercised by a sovereign nnd in-
depc ndent government. Otherwise, the Constitution might be vio
lated with impunity und without redress, ns often us the majority
might think proper to transcend their powers and the party injured,
bound to yield a submissive obedience to tlie measure however un
constitutional. This would tend to annihilate all the sovereignty
and independence of the States, nnd to consolidate all power in the
General (loveriunent, which never was designed nor intended by the
framers of the Constitution.
Your committee are also of opinion, that the acts of the General
Government in providing for the general welfare, must he general in
their operation and promotive of the general good ; not the ad
vancement of the interest of any particular section or local interest,
to the injury of another.
The term general welfare, implies clearly, that the means used to
obtain this end, must he general m their nature and tendency. Any
measures therefore having for their object sectional advantages or
local interests, to the prejudice of nnother portion of the community,
cannot he general, and therefore contrary to the letter nnd spirit of
the Constitution.
It is believed by your Committee therefore, thnt the tnriff' laws of
the United States, so tar ns they have for their object the protection
of n particular branch ot labor to the injury of the commercial in
terest ot the country, anti of the agricultural interest of the Southern
States, are unconstitutional.
I'or the same reason, ( otigress have not the right to appropriate
monies of the United States for the improvement or benefit of
the
n particular section of the country, in which till the States would
not have n common interest and equal benefit.
If Congress is invested with the right at all, she is invested to nn
unlimited and indefinite extent, nnd tuny exhaust the whole wraith
ami treasure of the Government in the promotion of the improve
ment and interest of particular sections of the country to the inju
ry of another. In fine, that she may make one portion ofthe coun
try tributary to another—that she may tax the community to enrich
or aggrandize a particular section, and make the general welfare
yield to a particular interest.
But if it he true ns your Committee maintain, that the Congress
ol the United States are restricted to the powers expressly enume
rated ; it is equally true thnt they have nn power or right to pass nnv
laws but such as limy be necessary and proper to earrv into effect
the powers enumerated, and which promote the general welfare of
tin' United States.
In relation to the right of Congress to interfere either directly or
indirectly with the subject of Slavery, ns recognized by the laws of
this State, your committee deem it improper and unnecessary to en
ter into a discussion.
Ibis State never can nnd never will so fur compromit her inter
ests on a subject ot *11011 deep and vital concern to her self preserva
tion, as to suffer this question to be brought into discussion. Non
interference on this subject was the sine qun non on the part of the
slave holding states, in forming the Union, and entering into the
Federal ( (impact. As the southern states would then, so they must
now or hereafter consider any attempt to interfere with this delicate
subject, nn aggression as having a tendency to produce revolt ami in
surrection of the most hideous character.
These States must view with jealousy nnd distrust, nil associations
having for their object the abolition of Slavery. The principles
propagated by the enthusiastic devotees of this project, are calculat
ed to have the most pernicious effects—exciting false hopes of liber
ty ; producingdiscoutcnt and dissatisfaction in the mind of the oth
erwise happy ami contented slave, and n restlessness for emancipa
tion when the nctunl state of things forbids the possibility of it at
nt present.
The Uolinization Society is considered by your Committee ns one
of dangerous character in this respect. Its schemes of colonization
are vain nml vision,'irv. Its professed objects never can lie accom
plished—they nre wholly impracticable. This institution therefore,
should not in the opinion of your Committee, receive the support,
countenance, or patronage of Congress, and not being n matter of
national interest, the Government has iio right to take it under its
protection, or make appropriations for its support. Your Committee
therefore recommend the adoption of the following resolutions:
Resolved, That this legislature concur with the Legislature of the
Slate of South-Car.dina, in the Resolutions adopted nt their De
cember session in 1827, in relation to the powers of the General
Government nnd State righls.
lirsolorel. That Ins Excellency the Governor he requested to
transmit copies of this preamble nnd resolutions to the Governors of
the several states, with a request that the same lie laid before the Le
gislatures ot their respective states ; and also to our Senators and
Representatives in Congress, to be by them laid before Congress for
consideration.
In (Ur .11. of R. Drc. 1 j, 13.’8—Hr.'.il, i
creU to Le printed.
• II.of R. IKhv 10, 1323— Read,agreed to,nnd oidercdtobc printed.
REPORT
enumerated federal powers. Whether viv proposed measure, or Re
gulation, will promote the general welfare, i * one question entirely
speculative-—betber legislative action upon such measure, is w il hin
ihe limit of constitutional competency, or whether il? object be con
stitutionally pursued, is another question. Measures of at; experi
mental character, nnd of problematical operation, upon the general
good, transcend the prudent restraints, and lioiuto the spirit of the
Constitution. To guard it from violation, is the proper object of
State vigilance : to restore its purity, n proper und legitimate ohjeot
of their several or ttuiicd endeavors.
1 be spiiil and objects of the Federal Compact, place a virtual
constraint upon latitudinarv construction nml implication. The
insinuating, and therefore, moppressive mode, is preferable to am
direct taxation. When the tax of uu article, >r item of property is
disguised und concealed liv its price—which in relation to the article
itself is considered its fair equivalent—the tax is paid, and is not
fell. Il falls almost insensibly upon the consumer. And mankind in
this way, will pay witli no repugnance, n sum of taxation, which il
demanded of 1 brill ns n tax, rv nonthii, nnd in cash, they would re
luctantly hand forth. The payment of two specific taxes, for two
specific objects, would lie throughout tho States disagreeable, nnd
would seem and feel oppressive; however .constitutional nnd proper
it would be amidst national necessity. But the prosecution of n
course of policy by the Federal Government, which would render
this resort, always necessary for its support, is a course which we feel
resort, always necessary for its support, is n coiir
power is clearly limited l.v its objects. We ohjccq ’therefore, to the ] opposed to, and will perseveringly nnd decisively resist. To this re-
expansion of federal powers by cimslrnetion—We deny the right nf.si.lt the tariff policy, with i'.s avowed object, tends—to tlmt ns the
Congress to restrain the freedom of our commerce, to protect, as it instrument of effecting it, we w ill yield n full nod steady tribute of
is said, (limit ntic industry ;■—and we affirm, thnt n power wisely given ! opposition. The i xports of Southern production, have, and still
to Congress, is carried to an extent, at once unutci: sarv, incxpi -1 constitute, tin chief mean of exchange for nil articles brought from
l uicut, and even abusive. j the abounding stores «if British industry. The tariff', intending to
^ 4thiy. The late Tariff’“altering the duties on imports,” if the promote, domestic uiaiiufnetures by almost prohibiting this exchange,
'
r.ij ihe Committee on the Judiciary,on the Resolutions of South (Ar-
rolina and Ohio— Rv Mr. GORDON, of Putnam.
The Committee to whom was referred the resolutions from the
States of South-Curolina and Ohio, have had the same under their
consideration.
The subjects referred involve questions of the deepest interest,
touching the fundamental principles of the Federal Government, the
sovereignty of the States, causes of complaint for infractions of the I thelcss the duty
REPORT
From the Committee on Agriculture and Internal Improvement-—Bv
Mr. ROGERS, of Bibb.
Tub Committee on Agriculture and Internal Improvement, to
whom was referred a resolution of the House of Representatives,
instructing them to “ inquire into the expediency of not appropria
ting any more funds for the improvement of the navigation of riv
ers, tXcc. in this State, until some better system of Internal Improve
ment be adopted, and that said committee lie instructed, if they
should deem it expedient, to propose such change in the present
system of Internal Improvement, as shnll operate more efficiently,
nnd with greater regard to economy and accountability, than the
preset'- one,” have had the same under consideration, and ask per
mission to report the result of their deliberations.
The easy transportation of the gross products of a State, the pur
suits of whose inhabitants are almost solely of an ngriculturnl na
ture, is one which nexi to agriculture itself, demands attention.—
The magnitude of the subject, has with your Committee, precluded
any thing like a partial investigation of it, and while it views a va
riegated soil teeming with corresponding fruits, nnd rivers in every
section of the State (communicating with both the Atlantic Ocean
and tIio Gulf of Mexico,) whose channels tire sufficiently deep if
cleared ol obstructions, which have accumulated with time, for the
navigation of boats of sufficient capacity to transport all the surplus
produce nt the State, to the most advantageous markets, it is never-
f your Committee, to which it reluctantly yields
('otistitution, and encroachments by the General Government upon j to advise an abolition for the present, of the office of Civil Engineer,
State lights ns well as the rights of the States to redress their and a cessation of operations by the State, so far as relates to the
wrongs. Y our Committee have devoted their serious attention and j improvement of its rivers, until some method shall be found which
grave cqnsideratipn to the subject which the magnitude and impor- may promise a better prospect of success.
lance oi the questions involved require. And from the view which itliin the last thirteen years, the sum of $321,500 has been np-
yonr Committee hare given the subject, they concur in the Heniimcuts preprinted by the Stpte for purposes of Internal Improvement—
and resolutions oi the Stated! Sonili ( arolina upon most oi the j With the exception of 8/j000 conditionally appropriated for Broad
subjects involved in the discussion. river, which has never been drawn, 8 lt)3(i 4<i cents returned to the
They entertain no doubt hut that the Constitution of the United Treasury Ivy the Savannah River Navigation Company, between Au-
Slatcs is a federal compact formed and adopted by the States as crusta and 1’rterslmrg, nnd 812■ 1.7 returned by* the Commissioners of
sovereign and independent communities. Briar Cm k in Striven county, with about eighty negroes and some
The convention which formed and adopted the Constitution, was implements for labor, vonr committee is unable to account for the
composed of members elected and delegated by, and deriving ini- expenditure of the appropriations. Those who have been nppoint-
mediate power and authority front the Legislatures of their rcspec- 0 d to direct the plan nnd course of operations,
live States. Its ratification dependi d upon the Legislatures of the thing in count xion with them, have in many ins
, nnd supervise every
istnnccs made no re
states, each reserving the right of assent or dissent without regard ( port,’while others have rendered very unsatisfactory statements of
to population. I the discharge of their duties, nil reports as well as the omission to
By‘the Articles of Confederation of 1778, winch was a compact i m „ke them goto slow, tlmt the Commissioners mid those entrusted
between the Stales, there was u speci il reservation of nil rights of with this business, have not manifested that fidelity, industry and
sovereignty mid independence, not thereby expressly delegated, skill, which the State had a rMit to expect tliev would do. It is
which proves conclusively, that prior to entering into that compact, true, that the attention of the State has been but recently awakened
nil the rights of sovereignty nnd independence belonged to the ’ to the subject of Internal Improvement, nnd success in that business
Stales, nnd were complete in them, nnd tlmt they did not intend to j , n „s t depend in a great nn nsiirc, upon the experience of those who
divest themselves of nnv of those rights, except such ns were express- control it; and to tins nmv lie attributed in part, the little profit
1\ delegnted.
j which the State has reaped, and after having e
xpended ro much of