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Tarhorough, (Edgecomhe County, X. a) Tuesday, October 1831.
Vol VIII Xo. 10.
7Tc "Xorth'Carolhia Free Press,"
BY OKORCSB HOWARD,
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1 1 t be attended to.
TO THE PKOPLK
Of the United Slates.
A portion of your fellow citi
zens, resilient in dilferent Stales
of the Union, who arc nume
rous, respectable and intelli
gent, who like yourselves, are
attached to the principles oi l
free government, and ardently
devoted to the great cohstitu-
tional charter, which conse-
crates and upholds ihem who
nsK oinv an equal
artieipation
in the benefits, and are ready to
bear an equal share of the bur
thens of the government who
are willing, moreover, to con-
cede to others a perfect right to
the full enjoyment of whatever
they ask for themselves; such a
portion of your fellow citizens,
whose condition, character, mo
tives and views are thus faith
fully delineated, have deputed
us to represent them on an oc
casion deeply interesting to their
feelings as men, and vitally im
portant to their interests as citi
zens of this great confederate:1
Republic. They have called
upon us to unite our counsels
forthe redress of the grievances
under which they labor: and
have enjoined it upon us, as a
duty, to omit no means for the
accomplishment of this object,
which may consist with our ob
ligations as citizens, and with
their own faithful and ardent de
votion to the bond of our com
mon union. In the perform
ance of a duty like this we can
not be insensible to the propri
ty of a frank and respectful
communication with our fellow
citizens at large. We are
members of the same great po
litical family. Our interests
arc common, and so also arc
our duties; and it cannot be that
any portion of our brethren can
desire to withhold from us our
just share of the benefits, which
llow from the government under
which we live. We have equal
confidence in their justice and
intelligence; and assure our
selves that it is only necessary
to bring home to their under
standings the conviction of the!
evils under which we suffer, to
secure their cordial co-o pe r a ti on
in prompt and effectual mea
sures for their removal. We
would commune with you, then,
in the spirit of these feelings.
We must speak with frankness.
It may be that our language will
borrow strength from the con
viction of our wrongs, but we
will not forget the just respect
which is due to those who differ
from us in opinion, and cannot
be unmindful of the affection
which we bear, and which we
earnestly desire to cherish to-
wards our brethren throughout
the Union.
The representatives of por
tions of our fellow citizens, be
longing to fifteen different
States of this confederacy, have
assembled in the city of Phila
delphia to consider the grievan
ces which they sutler under the
existing tarilf of duties, and to
devise, if happily they may do
so, some constitutional and
peaceful mode of redress.
Speaking generally, they have
come together as strangers to
each other, with all the variety
of opinions on most subjects,
which springs from different
habits and pursuits, and is per
haps inevitably incident to the
imperfection of our common
nature. On one engrossing
question, that which constitutes
the subject of this address, look
ing as well to its principles as
its details, they have found a
concurrence ot ommon. which.
i '
as they believe, entitles them to
ask for that oninion. and for the
i . -
reasons on which it is founded,
the attentive and dispassionate
consideration of the American
people.
Among the evils which How
from the tariff system, us at
present established by law, the
ardent and determined opposi
tion to that system, which exists
in various parts of the Union,
the deep and settled discontent
which is felt, and has been ma
nifested by a numerous, patriot
ic and intelligent portion of our
fellow citizens, cannot fail to
awaken the liveliest solicitude
of every lover of bis country.
Let it be remembered that this
is no transient fcelinii the off-
spring of momentary excite
ment, one which may be ex
pected to pass away under the
influence of a more calm and
dispassionate reflection. No
the system ot winch we com
plain is not of recent origin, and
the feeling of discontent, which
was coeval with its institution,
tune and experience have only
served to strengthen and in
crease. Let those who sincere
ly desire to perpetuate the poli
tical blessings which we enjoy,
look to this consideration with
the attention which it demands.
This is emphatically a govern
ment of opinion. The vigor of
the laws is a moral force. The
bond which unites us is the
sense of our common interest
the conviction of our equal
rights the assurance of ourca
pacity to assert, and the feeling
that we actually enjoy them.
Take from any considerable
portion of the American people
the consciousness that they are
in the full possession of their
rights as freemen; substitute for
it the spirit of discontent which
prings from the conviction of
wrongs inflicted, not inadver
tently, but with deliberation,
which are not temporary hut
enduring; and you array against
the government a force which is
of like character with that
which sustains it you awaken
a feeling of resentment which
is goaded into activity by a sense
of oppression, and embittered
by the recollection that it is the
hand of a brother which inflicts
it. Such is the feeling which
pervades a numerous and re
spectable portion of the Ameri
can people. It cannot bo de
ified, and may not be disregard-
ed, without putting to hazard
the safety of the confederacy.
Do you doubt its existence,
its nature or degree! Look to
the character of this assembly
to tho circumstances under
which it is convened. Give
your attention to the history of
the past, and be admonished of
the novel and extraordinary
spectacle which is presented to
your view. Do not close your
eyes to the fact, that this assem
bly is altogether without paral
lel since the foundation of the
government that we are free
men and the representatives of
freemen, who speak to you of
our violated rights that we
have come from different and
distant parts of the Union to
join in demanding their restora-
tion that a consciousness oft
strength is the offspring of uni-
ted counsels and that our pur-
pose is not the less firm, be-j
cause it is announced to you j
peacefully and in the spirit
oi
conciliation.
A numerous and respectable
portion of the American people
do not merely complain that !
this system is unjust, but they
question the right to establish it.
They do not doubt they utter
ly deny ihe constitutional po
wer of Congress to enact it. in
pistice to that body, we invite ;
your candid attention to a brief j power to interfere. That por-
Tk!i:ilfi'ntirm n f tlioir 'irVsJ rin.fimi nf" nm trdlnlV Plll'PHS nf
this subject. The constitution-j whom we speak, do not therc
al validt! v or invalidity of an act ! fore hesitate to affirm, that if
of Congress does no ueeessari-jthe right to enact the tariff law
ly depend upon the question of i2W be referred to the au
u heiher the judicial department : thority to lay and collect duties,
of tin; government would affirm !&c. it is a palpable abuse of the
the one or the other of these j taxing power, which was con
propositions. It may be thatjferred forthe purpose of revc
an act will in its operation andjnue; if to the authority to rc
effect be subversive of the prin-' gulatc commerce, it is as obvi
ciples of the Constitution, and ous a perversion of that power,
yet on iis face be superior to all since it may be extended to an
j n -1 exception on that ground. utter annihilation of the objects
Literally and in terms it may be' which it was intended to pro
in execution of an exoressly tect. Waving however this dis-
granted power in iis operation
and effect it may not only tran-
scend h.t power, but may ui- 'is deprived of the protection
rertly contravene it. Under the . which the judicial department
pretence of supplying a revc- j might otherwise afford, it would
one, Congress may raise money strengthen his appeal to the A
beyond the purposes to which it inerican people to unite with
can le legitimately applied, or him in correcting the evil by
may increase the duties to an ' peaceable and constitutional
amount vh:ch will be prohihito-; means.
ry of importation, and consc-i But there ia a view of this
quently destructive of all rove-subject which tuny claim the
nue to be derived from that I concurrence of all those who are
source. Still such an act would
purport to be in the exccution;is unequal in its operation, op
of the power to lay and collect' pressive and unjust. The Con
taxes; and courtsof justice judg- 'stitution of the United States
ing of it by its terms, and by had its origin in a spirit of com
what is apparent on its face, j promise. Its object is the so
would not affirm its invalidity. curity of those rights which are
But the Constitution is equally j committed to its protection its
obligatory on every department' principle that of an equal parti
of the government on the le-jcipation in the benefits and in
gislator who enacts, as well as!
on the judge who interprets a!
aw. n me lormer snail so veil
his unlawful purpose as to de-
fend it from the scrutiny of the
bitter, is it less a violation of nYjust, not merely with reference
constitutional obligation! If it to the great and immutable
bo such a violation, can it he
constitutionally valid!
If instead of the absence of
any express grant of power to
protect manufactures, the Con
stitution had contained an ex
press clause of inhibition, an
act of Congress, imposing du
ties beyond the purposes of re
venue, and thereby operating as
a bounty to the manufacturer,
would, thev insist, be admitted
to be in violation of the Consti
tution, and yet the repugnance
would not be manifest upon its
face, and would therefore elude
the judicial power.
A numerous and intelligent
portion of the American people
believe that this view is applica
ble to the tariff of 1328. They
admit the power of Congress to
lay and collect such duties as
they may deem necessary for
the purposes of revenue, and
within these limits so to arrange
those duties as incidentally, and
to that extent, to give protec
tion to the manufacturer. They
deny the right to convert what
they denominate the incidental
into the principal power, and
transcending the limits of reve
nue to impose an additional du
ty substantively and exclusively
for the purpose of affording that
protection. They admit that
Congress may countervail the
regulations of a foreign power
which may be hostile to our
commerce, but they deny their
authority permanently to prohi-
bit all importation for the pur-
pose of securing the home inar-
ket exclusively to the douicsik
manufacturer, thereby destroy
ing the commerce they were
entru&ted to regulate, and fos
tering an interest with which
they have no constitutions
al
cussion, we concur in the opt-
nion, that if the aggrieved party
prepared to admit that the tariff
the burthens ot the government,
A system of taxation which is
i unequal in us operation, wmcn
oppresses the many for the be
j nefit of the few, is therefore un
j principles of right which are
applicable to human conduct,
but is moreover in direct colli
sion with that constitutional e
qualitT of right, which this in
strument was thus confessedly
intended to secure. A distin
guished jurist of Massachusetts,
who is advantageously known
as such to the people of the U
nion, has said of the system of
which we complnin, that it is
calculated "to destroy many of
the great objects for which the
Constitution of the United
States was originally framed
and adopted." Who will affirm
that such a system can consist
with the spirit of the Constitu
tion! Its enactments may be
so veiled as to elude the judicial
power, and may therefore be
obligatory upon the other de
partments of the government
but as between constituent and
agent, between the people and
their rulers, the charter will in
such case have been violated,
and it will belong to them to
correct the evil. Why should
we fear to enunciate this princi
ple! Is it because of the dan
ger of those interests which
have grown up under the sys
tem! A just consideration of
the subject will lead to directly
opposite result. If it be conce
ded that the system is oppres
sive, unequal and unjust, can
those who profit by it deceive
themselves with the expectation
of its permanency! Is it pru
dent to close their eyes to the
consequences, to which sooner
or later this conviction must in
evitably lead! Distinguished as
this system is by every charac
teristic which may define a ty
ranny the most odious, why
should we, who are its victims,
not stand upon our chartered
rights!
As men and brethren wc ap
peal to you then to unite your
efforts with ours in the correc
tion of this abuse. A system
whioh is unequal in its opera
tion, and therefore unjust
which is oppressive, because it
burthens the many for the bene
fit of the few grossly, fatally
unwise and impolitic, since it is
subversive of the harmony of
the Union which is in violation
of the principles of fiee govern
ment, and utterly at variance
with the spirit of justice and
mutual concession in which the
Constitution was conceived and
adopted; such a system, if per
severed in, must alienate our
affections from each other, en
gender discontents and animo sities,
and lead inevitably, and
with a force which no human
power can resist, to the most
awful of all calamities. Wc
entreat those who differ from
us, seriously to ponder this
view of the subject. We en
treat them not to misunderstand
us. We cannot be deterred
from the discharge of our du
ties to ourselves and our com
mon country by the menace of
consequences, and wc are equal
ly incapable of using its lan
guage to others. It is as men
and brothers in the spirit of an
affection which is still warm and
undiminished, that we would
call their attention to those in
evitable results, which neither
they nor we will havejlhe power
to avert. Examine the subject
for a moment in its connexion
with the principles of an enligh
tened political economy, and see
if the considerations which arc
urged to sustain this system are
not fallacious and delusive. The
view must necessarily be brief
consisting of hints and sugges
tions rather than of an extended
argument, or of minute details;
but our object will be attained if
these may serve to awaken a spi
rit of dispassionate inquiry.
(concluded in our ?i(xt.)