Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-02-07

they can be received as declaratory of the inton-
ton OF the States.
"2. The power has been understood and used
by all commercial and manufacturing nations, as
embracing the object OF encouraging manu!ac-
lures. 1t is believed that not single exception
can be named.
4 as. Ihis-ha been particularly the case with
Great Britain, whose commercial vocabulary is
the parent oil ours. a primary object of her COM
mercal regulations is we'll known 10 have heen
;actUrcS'
Itwill be readily seeu that these two sentences,
though introduced by Mr. Madison in support OF
his construction, distinct and substantive afgu.
inents, in fact but the simple reflection OF each
other; and are both but the mere application Of
particular examples under the general rule con-
tanned IL the FIRST propcs,on--thus wearing the
appearance of independent reasons, though really
only the rei,eration Of identical principles. MIR.
Madison here declares that the power has been
used by all nations, e. q. by the legislatures Of
Great Britain, France. Prussia SCI TO encourage
their manufactures; and he aiirms their cons,itu-
uonel competency 10 DO So This can indeed no
more he questioned than their power 10 protect
their citizens against the assaults Of the assassin
But whence do they derive the right Certainly
from their CHARACTER as the uncontrolled represen-
tati"es Of iudepepdent sovereigntes, which inn
plies the authority TO make regulations affecting
not only commerce, but even the lives aud lber-
ties OF those whom they represent. For having
no written constitution TO define their rights and
crcumscribe their powers even the fundamental
principles OF their government subject to their
modification and control, has been frequently
I experienced in their history. There is then, no
special grant o. power" TO regulate commerce."
by the construction OF which they claim the pow
or to protect their manufactures, as Mr. NJ sdison
would insinuate; aud even IL there had been, no
one who understands the domestic poty OF these
governments would pretend either that it convey
ed an additional right, imposed additional
disability. For in Gseat Britain, confesscily the
most republican in its structure and principles, not
only the laws but the constitution ESQ far as gene
IA, usage can be supposed TO form constitution
/ may be altered or amended by Parliament Now,
sir, admitting that all nations possess the power 10
encourage their manufactures, (and who can deny
it) clearly perceive that ii is not by virtue OF
such construction Of the particular power to
gulate commerce, but because OF the possession of
general powers, unlimited and underlined, apper-
tanning 10 oil soveregn,ies, and authorizing the
execution OF every thing, not physically mpossi-
bic.
I" A. Such was understood 10 be proper use
Of the power by the states most prepared for man
utacturing Industry, whilst retaining the power
yer their foreign trade"
Mr. Madison here refers 10 the powers of the
several States before the adoption OF the present
constitution, and during the continuance of the
old confederation. The power Of taxation was
then confined 10 The States-the custom houses
were under their conro-and the expenses of the
Consideration were betrayed by quotas contribut-
ell by them, upon the acquisitions of Congress-
OF course, them as sovereign nations, each State
mad right to protect her own manufactures, tho
II should operate 10 the humiliation of those Of
her sister. States. Yet Mr.. Madison continues to
speak vaguely of 90 the use of the power" as if
this power 10 regulate commerce had been dele
gated 10 the States by superior authori-
ty, and that il was only by its construction they
possessed the right TO encourage their manufac-
lures.
Mr. Madison's fifth proposition is more impor
tant, and:i generally founded in tact, would GER
tany be uuanswerable.
50 Such of the power by Congress ac-
cords with the intention and expectation of the
states IN transferring the power over trade from
themselves TO the Government Of the u. States.
The meinbers of the different State Conven-
tions, having been invested with almost unlimited
discretion, might unques;iouhbly have transferred
this rotecting power to the government of the u
States, had II been their wish or intention to do
so. But tits TO he remarked, that Mr.. Madison,
IN confederation OF his opinions, refers only to the
sentiments expressed in that portion of the Union,
particularly interested in the delegation Of this
aoiOer, viz: g in the Eastern, the manufac-
turing members of the COniederacy." IL, as Mr..
Madison intnIa:es in his fourth proposition, the
protecting power had been actually exercised by
these states, previously to The adoption of the Fed
eral Constitution, for purposes OF individual ad-
vantage, it ought not to surprise US, that when
bout to deprive themselves OF the means of pros
ecuiins this advantage, they socitous TO in
cucate the notion, that 1t transferred to Con-
gress Particularly, as in the common cause of
events, they could not be subjected TO its oppres-
siye operation But L beg leave to dissent from
MIR. Madison's opinion that -" no adverse inferen-
ces can be drawn from the debates in Virginia"
Had the members of our Convention been wholly
silent on this subject, conceive that that circum-
stance alone would furnish very strong inference
against the delegation Of this protecting power
For, when every argument which the extent Of
human ingenuity ldinveut, was vigorously urged
against the ratification OF the Constitutions il is not
TO be supposed that so important aud material an OBJ
lection would have been omitted, had it been con-
sidered as reasonably applicable.
But the cypress declarations Of members in the
Virginia Convention, sufficiently ascertain their
views in relation TO these powers of the General
GoyeTnment-It is known TO all who have atten-
lively perused the debates in that body, that We
hement opposition was raised 10 the grant in the
federal constitution OF the power of ta-,ation.-
Patrick Henry, especially, opposed it with viru-
lence OF zeal, that could only have been induced
by preseniment Of the evs,to which il has sub
seqCenily given birth. His was the wisdom OF a
mind enlarged by general Acquaintance with
mankind and their passions. Unsophsticated by
the subtitle refineInents of political charIatsns he
drew eternal principles Of justice from the ex-
hausiless stores Of native intellect. Open and
direct himself he found the resisiess impulses of
ambition, not from internal perception Of congeni-
al emotions, but from a close observation of the
obliquties OF the human heart, when its possessor
Is invested wt'h authority. lie had experienced
the ills Of oppression, and was anxious TO secure
the blessings of liberty. He had witnessed the
abuse Of power, aud was cautious 70 limit its eH-
ercse.
lie opposed the grant Of the power 10 lay i'm
posts and Wished that, whatever sun might be ne
cossaTy for Tie purposes Of government, should be
separately raised by the States sc To these COL
IectoFs he said, " are 10 be added oppressive ex-
else men, and custom house oircers-Sir, the
people have an hereditary hatred 10 custom hou Sc
oifcers-Ihe experience Of the mother country