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The population of the first divisions, which secures to them a numeri- ^georgia cal predominance in the federal councils, enables them to controul the 'E]82s'a1" measures of legislation to their particular benefit. It is true that the ^ ^^r**s political will of the Union, (if a majority of members on the floor of Congress, be considered a fair representative of the will of the Union) was in the Congress which enacted the Tariff, clearly in its favor. Are we told that we must submit to the will of the majority? We reply, that while we admit the general propriety of submission to that voice, does it imply, that we are to observe the doctrines of "passive obedience and non resistance V That would preclude the constitutional right of remon- l strance. But such sentiments are not the native growth of freedom and republicanism. Besides, the ability to use a power, does not necessarily imply the expediency of using it; on the contrary, where the difference between a majority and a minority is so small; where opinions and feelings on subjects are almost in equipoise ; reason and prudence require, that a dominant party should use its powers with delicacy and caution. This should especially be the case with the States of 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, may be called national, in contradistinction to State objects. Amity, arising from, and cemented by a thousand sympathies and benevolences of revolutionary endearment, presided at thi,s scene of compromise and concession. It becomes us to recur to this period, to catch from the records and events of those times, the spirit which influenced their political agents ; to carry this spirit with us into the councils which act upon the interests of the nation. Those who look not back to their ancestors, seldom look forward to posterity; the present fills their conceptions, and the future and the past are alike indifferent to them. When the past is thus considered, the wise and judicious will doubt and hesitate to exercise a power, or execute a measure, ruinous to the interests of, and therefore offensive to a large minority of the Union.

But to reconcile the southern divisions of the Union, averse to changing its pursuits, the fruits of which have hitherto been profitably exchanged for the various commodities of foreign nations—to reconcile New England to the diminution of her boundless carrying trader—the former is promised an eager market and a fair price for the products of their soil—the latter is promised abundant employment, in exporting the rich and various manufactures of the United States. These promises proceed upon the following assumptions.

1st. That by legislative protection, domestic fabrics, and manufactures in general, can be supplied at as cheap or cheaper rates, and of qualities as good, as they can be brought to us from abroad.

2d. That the domestic consumption will use up all that quantity of our usual exports, which our imposts may hereafter prevent foreigners from taking.

3d. That the nautical carrier shall experience no inconvenience from the ruin of the usual carrying trade. That it shall be compensated by a new and equally extensive and profitable trade, in carrying the competing manufactures of America into distant markets.

These assumptions proceed upon grounds highly improbable—nay, almost impossible. Contingencies are promised in satisfaction for certainties—benevolence is proffered in substitution for rights—These are the VOL. I.—36.

Iievohml exPed'ents used to soothe an indignation, aroused by the rigorous and 1828. oppressive exercise of power; a power distorted and perverted. We

^p-v^fc^ decline a repetition of the powerful expositions made against the first assumption. The price of a manufactured article is made up of three components—1st. The price of the raw material—2d. the wages of labor— 3d. the profits of capital. The powerful expositions which have gone forth to the world, show the futility of the first assumption. The other assumptions are entitled to as much credit as the first.

The present Tariff is calculated to diminish our revenue. If the course of policy, pursued in raising the imposts on all imports, be fully effectuated, and the domestic manufactures supercede those hitherto imported— in which process our external commerce will be dwindling away, and with it, our revenue, the question arises, what will be the resort, to raise a revenue 1 Direct taxation. We deprecate the time when this will take place; when the citizens of the different States will be called on to support, by direct taxes, not only their particular State, but also the Federal Government. Patriotism will cheerfully submit to onerous exactions, to sustain the government in exigency and peril—but it will feel with indignation the weight of any imposition, which sectional power influenced by the illiberality of sectional interests, may impose. It will feel with regret, mingled with a proud contempt, a faithless departure from the letter and spirit of a compact, formed with the fondest hope of its purity, and hitherto, until recently, cherished and adhered to with an exalted and patriotic reverence. Taxation is a power, which to avoid offence requires a delicate use and execution. An indirect, insinuating, and therefore inopprcssivc mode, is preferable to any direct taxation. When the tax of an article or item of property is disguised and concealed by its price— which, in relation to the article itself, is considered its fair equivalent— the tax is paid and is not felt. It falls almost insensibly upon the consumer. And mankind in this way, will pay with no repugnance, a sum of taxation, which if demanded of them as a tax eo nomine, and in cash, they would reluctantly hand forth. The payment of two specific taxes, for two specific objects, would be throughout the States disagreeable, and would seem and feel oppressive; however constitutional and proper it would be amidst national necessity. But the prosecution of a course of policy by the Federal Government, which would render this resort always necessary for its support, is a course which we feel opposed to, and will perseveringly and decisively resist. To this result the tariff policy, with its avowed object, tends—to that, as the instrument of effecting it, we will yield a full and steady tribute of opposition. The exports of Southern production have, and still constitute, the chief mean of exchange for all articles brought from the abounding stores of British industry. The tariff intending to promote domestic manufactures by almost prohibiting this exchange, intends to force Southern products into Northern markets. By this, the agricultural and mercantile interests are oppressed. Is not the tendency to restrain and diminish foreign commerce? Does it not abuse and pervert the power, '• to raise a revenue," as well as the power "to regulate commerce V

Congress has power "to promote the useful arts"—Among them, certainly, the arts of manufacture and the art of agriculture—How 1 By forcing the fruits of agricultural industry into one channel, and into one market 1 By forcing them to contribute to manufactures? And thus, in effect, giving bounties to manufactures, to stimulate their activity and their enterprise'! No—But by securing to the inventors of improvements in the useful arts, the benefits of their inventions and their discoveries. Household industry supplies the immediate wants of families, their food and their raiment. Advancing one step further, an individual, for gain, and the convenience of a neighborhood, may manufacture to supply for equivalent compensation, the wants of a population around. Thus the rogrcss is spontaneous and natural. The progress of their increase and iffusion throughout a country, is alike natural, and proceeds upon the common principles of necessity, convenience, profit and ability; as these are developed amidst an increasing and improving population, daily and yearly acquiring a thousand artificial and refined wants. Manufactories, which supply the various conveniences and elegancies, which refinement or luxury either require or crave, will naturally spring up by the enterprise and cupidity of individuals. They will be resorted to as a profitable or supporting species of labour, by thousands; and will be seen to increase and prosper, according to the amount of the wants and demands of population.

The greatest stimulant to the improvement and 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 inventions and discoveries. The Federal Convention, sagaciously foreseeing this natural progression of improvements, wisely withheld from CongresS the power to promote them by additional protecting laws. By this power the same rewards are held forth to active and inventive genius throughout the Union. What further power could have been necessary? Can Congress incorporate a company of manufacturers in any one of the States? It cannot. If a power of protection any other than that specified, "to promote the useful arts," was intended to be given by the Constitution to Congress, why was it not given in some direct, positive, indisputable form 1 But an express refusal to give such a specific power, is recorded on the journals of the Convention! And the power of granting patent rights, for inventions and discoveries, substituted as more expedient. A power highly remunerative and incapable of oppressing.

A tariff for raising a revenue, is constitutional and necessary. Further than this, no object was intended by the power. The legislative power of the several States is the proper power to promote manufac tures, 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, are voluntary associations, formed with the hope or the certainty of particular advantages; and as such, their efforts may be considered as private enterprises. Thus, there exist two proper depositories of powers, capable of producing the same effects, by two different modes. The federal power, specified in the Constitution, (Art. 1st, Sec. 8) "to promote the useful arts,"—And the State power of incorporating companies, or giving exclusive privileges for any specific objects, promotive of its internal prosperitj : for example, manufacturing companies, when circumstances hold forth to a combination of individuals, the prospect of profitable exertions. These powers are, too, in strict concurrence. A judicious and necessary tariff may, collaterally, stimulate domestic industry—arouse activity—and inspirit speculation. Such results may often succeed upon a truly revenue regulation; and the fact of their following proves the regulation to be judicious. But what are we to say of a tariff which prostrates commerce? Which operates so oppressively on the fair and honorable enterprize of merchants, as to produce the same effects as a Gkorgia law io promote smuggling ] We must condemn it as injudicious—And KT°28.aI when we consider the law to have been enacted to encourage domestic _^-v->w manufactures, we must condemn it as unconstitutional. Further—If such a power was intended to reside in Congress, other than that expressly given, why did the Constitution expressly forbid the imposition of duties on exports? Does not this 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.

England promoted her Woollen Manufactures by inhibiting the exportation of wool. To promote manufactures she pursued a course the opposite of the "American system." Yet the English plan is that, which would directly promote the objects of the "American system." This plan cannot be pursued, it is forbid by the constitution. Yet such, if the Constitution had intended it, would have been the power, given to 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 an inexhaustible supply for the wants of the commercial world.

One section of the Union may be destined by its physical circumstances mainly to pursue manufacturing. If so, the rapid progression of every thing, amidst lively and unfettered enterprise, will early developc that destiny. It will be sustained by circumstances more powerful and permanent than legislation. Amid the rival industry of sister States, absolutely free in their social and commercial intercourse, what is mutually advantageous will be developed with insensible rapidity—when thus made known, interest will lead to their enjoyment. Proceeding thus, a Federal and Domestic Legislation, liable to the natural bias of sectional interest, and therefore to abuse and partial oppression, being abandoned, the geographical delineation and fosterage of particular interests, will produce no heart burnings among the several divisions of our Union.

We, therefore, recommend to our sister states, opposed to the recent Tariff law, solemnly to protest to the Senate of the United States against that obnoxious law—to deprecate the abuse of limited powers, to accomplish ends capable of accomplishment by legitimate and prescribed means.

We recommend a remonstrance to the States in favor of the Tariff, advising of its injurious tendency and operation to their sister States opposed to it, and insisting on the necessity of compromising sectional interests for the general good.

We recommend a policy for self-preservation, exhorting each State opposed to the Tariff policy, to ward off its effects, by living as far as possible within itself.

We recommend a continued and strenuous exertion to defeat that general, pernicious, and unconstitutional policy, contemplated and pursued by the advocates of the tariff.

Such means, may restore Federal Legislation to the standard of Constitutional correctness. Times, occasions and provocations, teach their proper lessons and expedients. Future measures will bo dictated by expediency; the nature and tendency of injury will suggest the mode and measure of future resistance.

There/ore Resolved, That copies of this Memorial be signed by the President of the Senate, the Speaker of the House of Representatives, and by his Excellency the Governor; and that one be transmitted by his Georgia Excellency to each State of the Union opposed to the Tariff act of First ME"g<^Ial' Session of the Twentieth Congress. v^-v-«w

IRBY HUDSON,
Speaker of the Home. of Representatives.

Attest—WM. C. DAWSON, Clerk.

THOMAS STOCKS,
President of the Senate.

Attest—WM. Y. HANSELL, Secretary.
Approved, Dec. 20, 1828.

JOHN FORSYTH, Governor.

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