er of that year, to protest against the proposed tariff, and he
spoke strongly in favor of the free trade resolutions which were then
adopted. He began by saying that he was a friend to manufactures, but not
to the tariff, which he considered as most injurious to the country.
"He certainly thought it might be doubted whether Congress would
not be acting somewhat against the spirit and intention of the
Constitution in exercising a power to control essentially the
pursuits and occupations of individuals in their private
concerns--a power to force great and sudden changes both of
occupation and property upon individuals, _not as incidental to the
exercise of any other power, but as a substantial and direct
power_."
It will be observed that he objects to the constitutionality of protection
as a "direct power," and in the speech of 1814, in the portion quoted in
italics, he declared against any general power still more forcibly and
broadly. It is an impossible piece of subtlety and refining, therefore, to
argue that Mr. Webster always held consistently to his views as to the
limitations of the revenue power as a source of protection, and that he put
protection in 1828, and subsequently sustained it after his change of
position, on new and general constitutional grounds. In the speeches of
1814 and 1820 he declared expressly against the doctrine of a general power
of protection, saying, in the latter instance:--
"It would hardly be contended that Congress possessed that sort of
general power by which it might declare that particular occupations
should be pursued in society and that others should not. _If such
power belonged to any government in this country, it certainly did
not belong to the general government._"
Mr. Webster took the New England position that there was no general power,
and having so declared in this speech of 1820, he then went on to show that
protection could only come as incidental to revenue, and that, even in this
way, it became unconstitutional when the incident was turned into the
principle and when protection and not revenue was the object of the duties.
After arguing this point, he proceeded to discuss the general expediency
of protection, holding it up as a thoroughly mistaken policy, a failure in
England which that country would gladly be rid of, and defending commerce
as the truest and best support of the government and of gen
|