ABSTRACT

The first reference to "incidental protection", was by General Jackson, in his message of 1832. Before that time the constitutional power of Congress to protect manufactures had been considered, by himself and all his predecessors, as substantive and independent - not as incident to the revenue power, but to the power to regulate commerce. It is fair and just to the memory of General Jackson, therefore, to say that his views, with reference to "incidental protection", were expressed with the hope that they would remove the prejudices of those who had threatened the peace of the Union, because, as they insisted, the friends of protection demanded the exercise of the power, for its own sake, and without any regard to the amount of revenue to be raised. There is no allusion here to the question of revenue, or to the constitutional power of Congress to lay and collect duties.