Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-03-07

" nat, nc "Outo ask, was the difference between
perversion OF power and an unconstitutional ex-
ercise of il!
Mr.. Cabeil maintained that Congress had the
unques'ionable right to protect domestic manuiac-
lures within the limits prescribed by the amend
ment. II never had been before denied, although
asserted by all the Presidents But now new
reading was to be put on the constitution. In en-
deavoring to arrest the course of the general gov
ernmeHt, oy disavowing its acts, he for one, wish
ed ms course to be distinctly understood. lie
thoush' there was some reason TO fear that our
ieeungs were 80 much enlisted by an oppressive
,afh; anu that ere long we should be arrayed in
bitterness against the government. Under the adj
mnistrations OF Jefferson and Madison we had good
feelings towards the government aud it was then
'hought That discriminating duties would add to
our independence, and they were made, without
the least murmur on our parts And are we now,
that our Presidents have retired from the helm OF
affairs to turn around and proclaim doctrines!
lhese was nothing in the new lights of the age or
In the practice OF the old governments Of Europe
to justify our doing so.
MIR. Dade was conpetely at issue with Mr..
Cabeli. He admitted the right of discriminating
the duties; bu, he denied the power to do so with
the riec to encourage any particular manufacture.
lie denied that he was resisting any of the great
doctrines OF Jefferson and Madison. In all their
messages they maintained the ground that nothing
was to be done but within the legitimate powers
of the government.
| Mr.. Ciopton said he meant 10 affirm that the
power OF Congress did not extend to prohibition,
Tor the purpose of protecting domestic mapufac-
lures IN any form or manner. The power had been
given to Congress for the single purpose of
and no other. The moment the government say
they can seek other purposes, he disaffrmed the
| power. III by increasing the tariff the revenue
should be diminished, he thought il would be the
constitutional duty OF Congress to relrace their
steps. WHAT he asked did gentlemen mean by
| protection! Did il mean that manufactures were
TO be aided, assisted, given preference over
! any other interest In the country The consiitu-
ton prohibited this idea Are manufactures more
important than the useful arts and sciences? As
to the mode OF encouraging the latter, the power
was expressly limited, and in such mannsr as 10
present an undue advantage being given TO them
over other great interests. With this clear lma-
ton as to this subject, was it proper TO assume by
implication, the power to encourage manufactures;
not more important to the country than the useful
arts and sciences? He hoped that no violence of
feeling existed towards Mr.. Adams, and that on
all occasions, we would act with GOODNESS tiiscre-
ton. Individually, he had no hostility to the pres
ident. Mr. Cabell, he thought could derive no
advantage from his reference the new lights of
the age, or 30 the practices of the old government
OF Europe. Those very governments had origina-
ted The systems OF tariff and prohibition, and was
| admitted that under the war-power, prohibitions
OF certain traics might be made but there were no
power to make any difference in the or duties
on particular articles for the purpose OF protecting
| manufactures. Congress had power in exercis-
| ing Legitimate power, to seek incidental effects
| and to make those effects the Involvement to the
exercise OF the power. Such an exercise of wer
he contended had never been adv oca,ed either by
Jefferson or Madison. The friends OF the resolution
had denied no power which existed; their denial
grew out of the constructions of others. The
| friends OF the amendment, 1t il rejected, would
vote agains, the resolutions; this he thought prov
| ed that the one was not consequence oflhe other
| Mr.. Johnson said that he would vote for the
resolution with the modification proposed in the
amendment. "A law passed beyond the limitation
IN the amendment he repealed would be unconsiiiu-
tonal. In reply TO the remark Of Mr. Clopton, as
to the encouragement of the useful and Sciences
| he said that Congress, in exercising the powers
clearly given 10 shut their eyes to the
effects oithelr measures. They had the power to
regulate the subject OF post roads and postage
| Would 1t contended thai under this power, it was
unconstitutional 10 impose light lax on newspa-
pers those necessary and useful vehicles OF inior-
nation! The public interest required thai dis
elimination should be made between newspaper and
letter postage. Determinations had been made in
the duties on books; and all books imported for the
! Universities OF the country were permitted free OF
duty The Congress was bound on all occasions 10
! exercise their powers in such way as the public
interest most required.
| Mr.. Clopton observed that the discrimination in
the postage in favor OF newspapers, resulted from
the necessity of the case, and was made entreIy
wIths view to revenue. Congress had power IN
decide how much duty or tax each article would
bear. ii the postage OF newspapers were increased
persons at distance would not take them and
the revenue derived from that source would be di-
minished. Ii had been therefore with view IN
revenue that the discrimination had been made The
same view was taken as TO books imported. which
were considered as merchandise
! The question taken on the amendment, and
decided ayes noes lI--ayes; Messrs. Hol,
| (Speaker) Oh. Johnson, Allen, Brown McCartv
Page, Fry, Thom Morgan Sharpe, and Csbe,E
noes, Messrs. w. X. johnson, Goodwin, Clooton
Ruiiin, Wyatt, Dade, Armisiead, Martin, Saun-
ders, Carter and Jones. The Senate being divided
I the motion 10 amend failed.
! Mr.. CdbeH moved TO divide the question nm tho
preamble. He hoped the question would NOT he
so taken as TO compel him to dissent from the
doctrines OF Madison's Report. He would vote
for so much OF the preamble as re-asserted ;hern
and against the balance of the preamble. because
he did not think they applied to the present ques
tons.
| The question was then taken on the first clause
1 in the preamble; and all the members voted in the
affirmative, except Mr.. McCsrty;
| The second clause of the preamble was then a.
greed 10, ayes 10 noes 9. .dyes; Messrs Holt
| (Speake[ w. II. Johnson, Goodwin, Clop,on
Alien, Brown. RufIin, Wyatt, Dade, Armstead
Martin, Saunders, Garter and JONES' Noes. .
Messrs G. Johnson, McCarty Page, Fry, Nor
gan, Sharpe, Cabeli and Thorn. The question on
the adoption OF the preamble and resolutions taken
together as amended, was decided in the affirmative
l3 to o. -ayes; Messrs Holt, (Spesker) w. II
Johnson, Goodwin. Clopton. Allen RnfIln w.