Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-01-03

| the purposes of revenue, but avowedly "a bount;e
on manufsctures-when, in the language of one
Oh The leaders OF the Harrisburgh Convention Pa.
| lion must be heaped on Ossa, and as many manu-
fdcturing IL erests as possible combined os tber
| TO bear down all opposition in Congress, we mus,
appeal to the char,eI of our Government. AMI de
fnahd by what authority this power is claimed, un-
der what provision of that charter il can cousfJ,,
ftondUy, be exercised.
we mean not now to consider this as a question
y. Po""cai economy. There may be other oppor-
unies 20 discuss 1t on that ground, and to show
W. i"Poiicy I'D relation 10 our foreign commerce,
us ineAPed'ence, even with regard TO those States
that nave most warmly espoused the system and
Its injustice 10 all of the consuming States Al
present, we shall coniine ourselves TO the Cons,
,utionai discussions; and on this point the question
as no. on'y oeen profoundly examined in the mum
bers oil the g Crisis" but has been treated with
much original and appears almost TO he ex-
hausted. We can only make few extracts:-
We DO not find in the proceedings of the Con.
Neh.ioh the word - manufactures" or any motion
relative TO the encouragement of them until the
18th OF August. The Convention havinw AT III AZ
tme disposed of most Of the clauses in the report
ell constitution, as far as the end of the enunera
TED powers many additional powers were, on that
day, proposed 10 be vested in Congress Amonyst
them' was power "to establish public institutions.
rewards and inmuniies Tor the promotion OF apri.
culture, commerce, trade g, and manufacture,
another ptopos ton was made OH the Goth Au-
gust Tor Counciii Of Slate. The duty of the Sc
the state OF agriculture and manufactures -anJ
10 recommend such measures and establishments
as might tend to promote such object" Both of
Inc above propositions having failed we might rea
sonaoiy conclude that the Convention refused to
give to Congress the power to promote domestic
manufactures as well as internal improvements.
but II is not from the mere failure TO have these
causes inserted in the Constitution that we would
inier clear and unequivocal intention, that 10 the
States alone was to be lef the regulation of the diff
ierent branches of internal industry
''Ihe above propositions were referred TO the
committee ofdetail, together with suntrv others.
ALTER many partial reports which did net allie {
this subject, the 9Th September the committee
!" reported further and finally" recomncndinw al
terations and additions in FIVE instances The last
Is 10 insert this clause. To, promote the mo-
S'ess Oh science and the USEFUL ARTS, by Sc
curing Tor limited times, TO authors and inve ntors,
tne exclusive right TO their respective writings and
discoveries. THE above clause to promote the
progress oil science and the useful srts was. as
conceive, report of the grand committee against
manufactures
81 am not conscious that in any exposition of
the Constitution this clause has been relied on as
restraining the power OF Congress on the subject
oil manufactures. In my view. it is very impor
tant IL is important il considered in the abstract
oue when taken In connexion with the above pro-
ceedngs oil the Convention, do regard it as con-
elusive.
And hrst, let us consider the clause as il stands
In the Constitution. What does il aunount In, r,
Is power TO promote science and the useful arts
what are the useful arts? They are those arts
or occupations which are carried on with a v;ayy
to profit in contradisncton to such as are pursued
Tor pleasure, which are called the liberal or no.
HE arts Are manufactures to be classed AMONGST
the useful arts? Throughout the civilized world
agriculture and manufactures stand at the head Of
the useful arts. All men must assent 10 this Here
tneh Is clear power vested i'm Congress by the
Constitution, TO promote agriculture and manuiac-
lures. but, Is It general or limited power. 1t
INntu - L.,
lied inasinuch as the mode by which these arts
are to be enco4. aged, is not left to construction
but Is expressed in words which have clear and
definite meaning. They shall promote the useful
arts, by securing TO ingenious men, patents for
their inventions" Now, if power to promote a
sPecihc ohJect, by prescribed mode, does not ex-
crude the power to promote it by different or o.
ther NODE, there is no truth in the law maxim
"eXpresslo unius est excluso alterius"
~ he grant OF power in question is, what law
yers would term an affirmative pregnant that is
an afirmance Of one ,iiLg, and denial of another:
an afirinance OF the power OF Congress TO promote
me progress OF science and the arts by patents and
copy rights, and negation of their authorize 10
encourage them in any other way
lnree clear propositions result from what has
oeen said LIST. That there an attempt made
III the convention TO give Congress power TO pro-
mote science, agriculture and manufacturer Div
That Committee reported specific mower for that
purpose, TO be added to those already enumerated
~"hch report was not agreed to. And, Bly,
mat an express provision was made, to protect
these objects, but only TO a limited extent''
There is still another view of this question
which the same writer presents with great DOW err
1T appears by the acts OF the Convention, that
though it was deemed unadvisable to entrust
congress win power 10 promote any great local
interest," oil particular States, yet, that il was con-
sldcred, that there would be manifest irnpronric
~ III depFiving any one State which might choose
to encourage its own manufactures of the means
OF aoils So The usual mode by which domestic
manufactures are encouraged, we all know, is by
premiums, Pecuniary boun;es, and prohibitory
duties; but all other modes are inexpedent and
lnefhcient when compared with prohibition IL
Congress could not lay prohibitory duties except
LOT the general purposes OF the Government and
the States could not impose them 10 protect mann
features, one great motive to the Union yyouId hav.
been defeated, which was, that the States sbouId
not, as regarded their internal relations or their
power to regulate their own industry, be in A
worse situation than before. Hence il became
necessary that the States should not be deprived
OF the power OF laying prohibitory duties for the
convenience OF their imports exports or for the
purpose OF protecting their own manufactures
When, therefore, that clause IN the Constitution
came to be considered, which restricts the States
from laying duties imports or exports, the sub
Ject oil manufactures directly came into discussion
"After many propositions and efforts to amend &
alter, on the 10Th Sept, the clause was finally a.
greed 10, as follows:
'sNo State shall, without the conse nj Of Conoress
lay any imposts or duties on imports or exports
except what may be absolutely necessary for exc
cutting its inspection laws and the net produce of
all duties and iinposts laid by any State OH imports
or exports, shall be for the use of the Treasury
Of the United States, and all such laws shall be
subject 10 the revision and control of tile Con-
gress."
"Were an hundred men Continues our author)
TO read this clause in the Constitution, would ven
ure TO say, that ninety and nine for a while would
be ignorant OF the true design Of its introduction
--Abtractedly considered, it mex plicable, and