Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-02-12


ity to which 1t was addressed mot Satisfied.
it would seem, with the silent disregard with
which it hath been treated. This, Indeed, is tho
only manner in which Congress could express its
course Of legislation. Negative legislation is
scarcely ever resorted to by any Legislative body,
and the refusal to sanction il is the invarable test
and best evidence of its disapprobation. If Mr..
iam''on's Report was not positively rejected by
Congress, the Journals sufficiently prove that it
never received the sanction Of the government.--
Indeed, so mortified was Mr.. II. al the manifest
silent disrespect paid to his scheme that accord.
ing to the best recollection of The writer he sug-
gested 1t 10 the legislature of New-Jersev which
actually established town called Pate incor-
porated company for the purpose OF carrying on
certain manufactures at that place. und er the pa-
tronage Of the State; upon plan, it il believ.
ed, drafted by Mr.. Fl. himself The State, how.
ever, eventually gave up the scheme, and Con-
gress was memorialzed upon the subject, with.
out elect. These facts stated solely pom the
recollection OF the writer; and addressed the re-
coe cuon oil others, and there fore. not relied up
ON further than mere suggestions; they are sub.
United to any corrections from the documents.
which shall be consulted soon as they can be
obtained, or from the recoilections of any others
particularly Of MIR. NJ, who, it is expected,
must remember something of these proceedings.
III this statement should prove true, il will shew
not only that the right 10 protect and foster manu-
features was abandoned, at this time. by the ge-
neral government; but also, that il had been &C
tuaiiy exercised in consequence thereof, by an
individual State Government This is the last
time, it is believed, that this question was ever
presented to Congress, in any deliberate form I'M
I'll 1923. Although we have hitherto occasion
ally seen the right to protect manufactures claim.
ed Tor the general government but invariably dis
disowned by 1t, 1t has no where been seen that
such claim was ever founded upon the power
70 regulate commerce." or even sstrade," as Mr..
Nj. has it-who seems TO think that this notion is
as Old as the government itself II certainly d d
In .at-- u
sagaeity and skill joined with his great abilities.
Tor, in his Report upon this subject, he rests the
right OF the government solely upon the " autho-
rity" Of the "Natonal Legislature, to Law and coll
iect taxes duties, inposts and excuses, TO pay the
debts and provide for the common defence and ge-
neral weltare."-The first time the writer reco.-
iects ever to have seen heard it suggested, that
the general government had right to protect and
,oster manufactures under the power, in the con-
slitution, TO CIRCULATE commerce with foreign ma
tons and among the several states and with tie
Indian tribes, was, in Mr.. Clay's Speech upon
the Tariff. delivered in Congress in 1924, where
he introduces it in the following words Sc The
gentleman from Virginia" CMr BARBOUR I" has.
however, entirely mistaken the clause of the con-
stitution on which we rely. til that which gives
TO congress the power to regulate commerce with
foreign nations" This idea, appears, indeed, to be
new 10 MIR Clay himself, and was, no doubt, SO
to Mr.. Barbour. This will account for Mr.. Bar
bours mistake, if mistake il really had been which
would have been wholly inexcusabie, had this
been the uniform doctrine for nearly forty yeas.
But IT was now, however, for the first time sug-
sested; and it was now too, under the selfish iu-
huence OF interest joined with the mis- guiding ~
bition for splendor and grandeur, that a meagre
majority OF the Congress of the United States dar-
ed to usurp power which has converted our &c
vernment into despotism, and half our population
into slaves.
Upon review of this detail, let the reader asl,
himselt-if there can be found single instance,
In which the right to protect and foster manufac-
lures, has ever received any deliberate sanction
whatever, from the practice Of the government
And II there is single instance, in which claim
mas been set up wherein the idea is even suggest
ed, that the claim rested upon the power to regu.
late commerce If there are no such instances.
then Mr.. MS unqualified assertions, quoted at
the commencement OF this No. are entirely
Incorrect; and his arguments, which chiefly
resrupon these assertions, must be abandoned-
But, does 1t not appear further that, whenever
claim 10 any power over manufactures has been
aehoerately brought before Congress, it has been
invariably disregarded, and that thus the practice
Oh the government previously to 1924 has given
the best sanction TO the opinion that it possesses n
such power! II this be so, then the question il
surely lrrevocably settled against the exercise OF
any such power by the general government, at
least as far as relates TO Mr.. NJ. The decision il.
respectfully submitted to the candid iudpment or
every impartial reader.
In the next No. the writer will exhibit Mr. M
IN his own appropriate constitutional costume of
.
rectiy contrasted colors, with those of the livery
assumed in his letters. He thinks too. IL will an
appear, that in l799-1500, Mr.. NJ himself din
not entertain the opinion. that Congress possessed
inc power 10 protect manufactures, counte-
nance the doctrine that such power was dsriyable
from The power TO CIRCULATE trade"
NO. 5-.Kr. .Madison's Letters. &c.
liz. III ore from the msnu'ept han the Press Co,
insert, beeame Il il were mere iae;Jsn1srd nos
tive power 10 ITSELF could not be separated from il, prinr
to the British Parliament, en mus, follow H. and both
consequently must belong TO the British psrliameu and not
mics. These powers must necessarily be implicitly distinct
20 iom distinct jurisdictions lis separate govsrnmen se
Pa.as portions oi sbs same government.
read, Subtle deductions.
few lines lower down. between the word, a,xte,nsp n,
few lines lower between the word, e1.rnsi commerce,
s, insert o. course having no application to suy iu
few lines lower down, between the words ",eeon,n and
eoo'titution. - 'Ae
Cad Gel 81 line. from the top between the word, "eb,r.e-
ment,. e''''sr
,i col 5Gh line, rs.d necessary that the minor uters
q COZ as, line, read, feud.i, instead Of federal
I'd col 77th line, read not by my maussem.ut
"a col iloth line read, then all except demo
instead Of Virgin. s"
The Governor and Senate Of Kentucky do not
seem likely to agree in the choice of Chief JUS
tce OF the Stae.-The Governor nominated Rich
ara ~ buckner (now member of Congressl and
the Senate rejected him by 10 TO 10 Notes.-The
Governor then nominated John J. Marshall; the
senate rejected him by vote Of 81 to 16.-T hr
Senate seem determined to crafty him no longer
IN his exclusive appointment of political associates
OF his own party.
II