w might be unconstitutional now, and another law, in exactly the
same words, perfectly constitutional next year. Besides, articles may
not only be taxed for the purpose of protecting home products, but other
articles may be left free, for the same purpose and with the same
motive. A law, therefore, would become unconstitutional from what it
omitted, as well as from what it contained. Mr. President, it is a
settled principle, acknowledged in all legislative halls, recognized
before all tribunals, sanctioned by the general sense and understanding
of mankind, that there can be no inquiry into the motives of those who
pass laws, for the purpose of determining on their validity. If the law
be within the fair meaning of the words in the grant of the power, its
authority must be admitted until it is repealed. This rule, everywhere
acknowledged, everywhere admitted, is so universal and so completely
without exception, that even an allegation of fraud, in the majority of
a legislature, is not allowed as a ground to set aside a law.
But, Sir, is it true that the motive for these laws is such as is
stated? I think not. The great object of all these laws is,
unquestionably, revenue. If there were no occasion for revenue, the laws
would not have been passed; and it is notorious that almost the entire
revenue of the country is derived from them. And as yet we have
collected none too much revenue. The treasury has not been more reduced
for many years than it is at the present moment. All that South Carolina
can say is, that, in passing the laws which she now undertakes to
nullify, _particular imported articles were taxed, from a regard to the
protection of certain articles of domestic manufacture, higher than they
would have been had no such regard been entertained_. And she insists,
that, according to the Constitution, no such discrimination can be
allowed; that duties should be laid for revenue, and revenue only; and
that it is unlawful to have reference, in any case, to protection. In
other words, she denies the power of DISCRIMINATION. She does not, and
cannot, complain of excessive taxation; on the contrary, she professes
to be willing to pay any amount for revenue, merely as revenue; and up
to the present moment there is no surplus of revenue. Her grievance,
then, that plain and palpable violation of the Constitution which she
insists has taken place, is simply the exercise of the power of
DISCRIMINATION. Now, Sir, is the exerci
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