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Lodge, Henry Cabot, 1850-1924

"Daniel Webster"

"
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.


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