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REMONSTRANCE,

TO THE STATES IN FAVOUR OF A TARIFF; ADOPTED BY THE LEGISLATURE OF THE STATE OF GEORGIA, Dec. 19, 1828.

ORDERED TO BE PRINTED AMONG THE PAMPHLET LAWS, REPORTS AND RESOLUTIONS OF SOUTH CAROLINA, AT DEC. SESSION, 1829.

(See Pamphlet Laws, Reports and Resolutions of 1829, p. 87.)

House of Representatives, Friday, December 19, 1828.

To the People of the States in favour of prohibiting importations, as a policy for the encouragement of domestic Manufactures.

To preserve the Union of these States, and the full enjoyment of that happiness which is secured to us all by a holy regard to the Constitution, is deemed an object of sufficient magnitude to justify an Address, friendly in its character, and brotherly in its objects, from one part of the political family to the other.

The people of Georgia believe the crisis to have arrived, when it becomes necessary, through their representatives, to express to you, in language of sincerity and truth, their views and feelings upon the great question which seriously affects the interest of a large portion of the confederacy, and agitates the feelings of the whole. It is not for the purpose of making captious objections to the exercise by Congress of legitimate powers, that we claim your attention: But with an ardent hope, founded upon the intelligence, virtue, and love of common country, which reigns among the people, of bringing the public servants back to that republican simplicity, in the administration of our affairs, which marks, sustains, and adorns our political institutions, and is the only safeguard to liberty. The nature and extent of our political associations cannot be misunderstood by any one who will discard sectional interest and dispel from his mind the mists and prejudices produced by its deceptive influence.

That the relation in which we stand towards each other, may be distinctly understood and acknowledged, it is only necessary to review our several situations previous to any political alliance with each other. From our earliest colonization we were of kindred blood, and kindred in principle and close connections in pure love of liberty. Our primary political connexion had its origin in the oppressions of the mother country. We resisted aggressions upon our unalienable rights, and with a fervour that thrilled through every heart, joined our fortunes, our lives, and our sacred honor, in the declaration of our independence and the achieve

ment of our liberties. Providence hallowed the undertaking, and victory sealed our trumph; and each of us was acknowledged a free, independent and sovereign State.

To secure the blessings of liberty to ourselves and our posterity, we formed that Constitution, against the provisions of which no Georgian was ever heard to utter a murmur of complaint. It was by that Constitution we expected to be governed in our relations with foreign governments, and with each other as States, or Independent Communities. The people of Georgia wish neither to deny nor withdraw any power which they have granted. They love and venerate the Constitution, as they believe a tenacious adherence to it is the only security to the prosperity, the liberties, the glory and the happiness of all the States; and that upon its perpetuation, in its native purity, the principle and progress of free government in the whole world depend. In the legal exercise of the powers conferred in that instrument there is not a dissenting voice in Georgia. But it is the misconstruction and abuse of those powers that is sought to be redressed. The sovereignty of the State Govern ments was never intended to be given up or impaired, in any other man ner than that expressed in the Constitution, and was retained and cau tiously guarded, both by the limited and special grants of power in the Constitution, and by the insertion in that instrument of the following ar ticles: "The enumeration in the Constitution of certain rights, shall not be construed to disparage others retained by the people." And "the powers not delegated to the United States by the Constitution, nor prchibited by it to the States, are reserved to the States respectively, or to the people." These articles were intended as express limitations to the General Government; and explicit reservations to the State Governments of every power not granted. The language is too plain to fail in expressing the object of the Convention. It cannot then be believed, not withstanding the warmth and earnestness with which it has been con tended, that the States assented to any powers being given to the Nation al Government, but those which were expressed and those which wer strictly necessary and proper to carry such expressed powers ind effect.

A system of measures not contemplated by the Constitution, has bee adopted and pertinaciously pursued by Congress, having for its object tle improvement of particular parts of the country, and the advancement of sectional interests. These measures, of whatever kind or character, re justly objectionable-as they can only be supported by forced constrictions of the Constitution, and are partial and oppressive in their opeation and among them may be included that system, which has beenin progress for years, of levying heavy duties, to exclude from our pats many articles of general commerce, for the purpose of encouraging and protecting the manufacturing interest, in exclusion to the other grat branches of industry.

If it were inexpedient only, oppressive and ruinous as it is to our interests, we would not use this method of opposing it. The repea of the measure would be sought in a different way; but when it is an open and violent infraction of our Compact, we have a right which we will never surrender, to demand its repeal. It is not presumed that you will continue to confide in those who persevere in the exercise of a power which has never been granted them. If it has been granted, it is open to public view; there are no secrets in the Constitution-but for the authority which it confers, the National Government would not exist. Its power is based upon the Constitution alone, and has no auxiliary. Where,

GEORGIA REMON STRANCE.

1828.

GEORGIA

REMONSTRANCE.

1828.

then, we may confidently ask you, is the power granted, either expressed or implied, either in letter or spirit, to pass laws to create, extend, and to protect a particular branch of industry, to the prejudice of other interests of equal importance to the people, and of equal advantage to the Nation? It cannot be denied that this is the effect of protecting duies, and that it was intended to be the effect, as prices of all articles upon which duties are paid are obviously enhanced to the extent of the duty imposed. Is the right claimed by Congress fairly deriveable from the power granted to levy taxes, lay imposts, &c? The object to be obtained by this power is very clear. It was to enable the government to raise a revenue to defray expenses, indirect taxes being considered a better mode of raising funds than direct, because they bear most heavily upon those who have most ability to pay them. That power was likewise given to Congress to prevent the injustice which would have resulted to the non-importing States, by paying their indirect taxes into the coffers of importing States, and at the same time through direct taxation upon their people to furnish their quota of the disbursements of the government. It was not in contemplation of the framers of the Constitution, that a power to raise revenue should be exercised to destroy it. The Convention of Harrisburgh, who met to goad Congress to the late desperate expedient for the establishment of the monopoly of the manufacturers, knew full well, while recommending an increase of duties, that a decrease of revenue would be the immediate, and the annihilation of it, the final result, if their wishes were accomplished; and gave occasion to the subterfuge used in Congress to evade the question of Constitutional power, by rendering it impracticable for the judges of the Supreme Court to ascertain the true object of the act passed, without looking to the motives of its advocates, which unhappily, as it regards this act, they do not consider themselves authorized to examine.

The Constitution declares that the imposts shall be uniform throughout he United States. That declaration was intended to protect the States rom any partiality and advantage which might otherwise have been exended to one quarter of the country, by making the imposts greater at ae port than another. What is the difference in effect, if you insist, through tlat power, to levy such excessive duties as will give the interest of one prt of the community, an advantage over that of another? though that eid is not accomplished by imposing greater duties at some ports than at oners, yet you desire to attain the same object by their excessive impositim and increase.

Is the right to protect manufactures, claimed under the power to rețulate commerce? It is true, Congress has the power to regulate conmerce with foreign nations, and among the several States, and wihin the Indian tribes. This power was given to enable Congress to carry into effect the commercial treaties with foreign nations, and rerder them uniform throughout all the States, to save the perplexity whch would have arisen by each State retaining the power of making its own commercial regulations with foreign nations, and with the States, which, without such a grant of power, would not have been effected. That clause was never intended to vest the right, nor can it be legitimately inferred from it, that Congress had the power of legislating upon the internal concerns and interest of the people of the several states. It was only intended to regulate our relations between the whole of the States as one body, and foreign governments, and our commerce with each other as states, or independent communities. If under that grant of power, the right of passing laws for the protection of manufactures

can be justified, a continuance of the principle, and an extension of the practice, will lead to the entire exterpation of the very commerce which that clause was inserted to regulate. If it be your interest to lay such interdicting duties as to exclude one article, by the same rule you may exclude another, and go on excluding, until you completely inhibit the importation of every species of foreign manufacture. Should you continue to claim the right of excluding all articles which it is your interest to manufacture, you will not, nor cannot deny the same right to other sections of the Union. We might upon our part, insist upon such a duty on sugar, rum and molasses, as to prohibit the importation of those articles; and though we might not be able at once to furnish a sufficient supply for the consumption of the whole Union, it would be no decisive argument against us, since it is always in our power to retort upon you the favorite answer of the manufacturers-" It is true we cannot at present furnish what is required for the consumption of the nation, and the people will pay higher for these articles of necessity; but give us our own prices long enough, and we shall furnish them much cheaper than they are now afforded, to the great benefit of the country, and the encouragement of American industry."

Other sections of the country having the same right, would require prohibitory duties upon their favored products or manufactures; and if protection be granted to all, as justice requires it should be, if granted to any, the inferrence is irresistable that the commerce with foreign nations, so far as regards importations, would be at an end; it follows as a necessary consequence, that all foreign commerce will be entirely cut off. Money is the only medium of exchange, and no nation will find it to be to her interest to buy our exports, unless we receive theirs in

return.

If the system cannot be justified in the general, upon the principles of our government, it cannot be in part-It is not reasoning upon extreme cases, and if it were, it is not an illegitimate test of constitutional principle.

Whenever a power is exercised by Congress, which is not granted, it is an assumption of authority by that body, dangerous to the liberties of the people, since every assumption of power is an act of despotism.

The intention and letter of the Constitution, were to prescribe within certain defined limits, the power of the General government, and not to consolidate the power of the state sovereignties. If the latter was the real government, no matter how arbitrary and partial might be its measures, they would nevertheless be the law, as the majority would rule. But while the Constitution is to regulate the power of Congress, any act which is in contravention of that instrument is illegal, and not binding, even though it may have been passed unanimously, and twenty-three out of twenty-four States should assent to it. "To provide for the general welfare," is an expression in the Constitution by virtue of which it has been contended, that any law would be constitutional which, in the opinion of Congress, would redound to the general interest. From an inspection of the instrument, this, so far from being a grant of power, is the designation of one object to be effected by powers specially and distinctly granted in the Constitution. The Constitution never intended to grant power by this clause; if it had, there would have been no need of any other article in the Constitution-If it were standing alone, and received the construction given to it by those who claim unlimited controul for the national councils, it would of itself render every article in that instrument nugatory-Indefinite in its extent, it would give, if it gave VOL. I.-37.

GEORGIA

REMONSTRANCE. 1828.

GEORGIA
REMON-
STRANCE.

1828.

any thing, unlimited authority. Establish its claim as an authoritative article, and it will justify any thing and every thing which Congress might pretend to believe would promote the general welfare.

The interest of one State was never intended to be sacrificed to that of the others-Climate, soil, and custom, have prescribed different occupations and pursuits suitable to the situation and condition of each. If it be the interest of any part of the confederacy, to manufacture, let them pursue those vocations in peace to which their genius and circumstances direct them; it is not, though, expected that they will by legislative enactments, continue to require the agriculturalist to make sacrifices to enhance the products of their labor. Such pretensions are foreign from the spirit of the compact. We have as much right to lay probibitory duty upon the hogs, horses and mules of Kentucky and Ohio, to promote the encouragement of raising those animals, as the General Government has to prohibit foreign goods, to promote the manufacture of them in a peculiar section; or that Kentucky should vote for a duty on bagging to compel us to pay a greater price for the article. The whole prohibitory system is founded in error, and humanity weeps over the fading patriotism of those who sordidly pursue their own interest at the expense and utter sacrifice of the holy principles of liberty and the

constitution.

The people of Georgia are fully sensible of the impositions which are heaped upon them by the extravagant constructions and perversions of the power delegated to the United States, and regret that they have causes of complaint too well founded to be removed by argument, or to be softened by explanation. Let us recur to the inducements which were held out, the great objects to be attained, by our political connexion. The Constitution was adopted to form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defence, promote the general welfare, and to secure the blessings of liberty to ourselves and posterity. Can it be said that the anticipations of our forefathers, who looked to effect these objects by the instrumentality of the Constitution, are realised, when our interests are made subservient to a growing monopoly? Is justice established, when we are required not only to buy the products of your labor at your own price, but to suffer by the same compulsory arrangement the loss of a great market, and a depreciation of price for our own? Is it reasonable to expect a more perfect Union, when the interest of a portion of that Union is wholly disregarded, and made the subject of depredation by the other part? Can tranquility be ensured among a people who are reminded of their injuries and oppressions by repeated infractions of their compacts and solemn engagements? Is the general welfare promoted by a studious and systematic course of legislation, which has for its object the promotion and encouragement of a particular branch of industry at the expense of all others? And will the blessings of liberty to ourselves and posterity be secured, if the violence of irritated feelings, and a sense of that misery and degradation which, if the limitations of the Constitution are not more strictly observed, must be our portion, should produce such convulsions as to rend in twain the Temple of Liberty?

When we entered the confederacy, it was for the protection of our rights, and we were particularly cautious to grant no power by which they might be either disregarded or abused; and if instead of that protection, they are abandoned, and made the sport of the self-interest of our nearest and dearest friends, we must, as we did under British

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