Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-02-26
FOR THE ENQUIRER.
No. V1lI-(coNcLUDED).

Ss4SAI N4 ~ n ~, = &A0, 40.
FOR THE INQUIRER.
No. VIiI-(coNcLuDED).
MR.. .MaDfSO.N'S LETTERS
1" support o. the rrshi Of Congress to pass "a.
sc. If Congress have not the power, il i. an.
initiated for the nation; policy wit. out exam.
pie In any other nation, and not with n the rea.
- son oil the solitary in our own
Mr. NJ must, at length. have Invested himself
sight entirely, Of the peculiar character of our e.
Vernment, when he assumes a right in il, to exer
else power over Manufactures, upon the ex,raor.
dinary ground contained in the above quotation =
nding no secure foundation for this right, nei
tner In the constitution, in the practice of Inc
Government, we here see Mr.. nj. resortinp TO The
policy OF Foreign Nations, and to a method of hi.
own Tor deriving power to Congress, equally new
ana comprehensive; and. as the writer think.
equally iaiiacious and destructive. The only cur
rect cardinal rules, hitherto known to the writer
Tor interpreting the Constitution, in regs to th
powers belonging TO The General Government orr
that such powers should either be expressly gran,'
ed n the Constitution, or be necessary and proper
.or Carrying INTO effect some power, SO expressly
granted therein These are the rules of internrc.
tatlon, so t'iumphantly sustained by Mr.. Nj. in
I'sS-ISOO. They have received the sanction Of
constant, and almost universal usage, since tba,
time; and are recognized, indeed, by the Cons,i.
tuition itself. Yet, Mr. NJ would now susta;n Or
claim Of the General Government, to,a power ovss
manufactures, by an inference, i'm open defiance
Oh, and IN direct conflict with these rues-Re.
cause, every other Nation exercises power 70
protect Manufactures, and because such power
could only be exercised in the u. S., by the Gen.
eral Government, Mr.. nj. would, therefore. inf,
right to its exercise, by that Government. Jf|
'hs inference be correct, in regard to the power in
question, it must equally apply TO every other
power similarly circumstanced.
MIR. NJ. intimates, that there is but one er,rn,,
known, 10 our Institutions, Of power. Which, =
ahnihiiated for the alton, and is exercised by ev
cry other Government but our own; and this ons
Is the power to lay taxes upon exports But. tbs
writer thinks, that many such might he found, nm
iiihiteu IN their character nddespotc in their f.
iects. Not to multiply examples one opIv vii, h..
gwen, which will suffice the better h. rar.a :,
alone includes all others The Government, Of er.
cry other Nation, but our own, Claims unlimited
coh.rouI over the entire proceeds Of the abour Of
their respective Communities; and an indsnnt..
bic right to dispose those proceeds at their own
caPric'ous will and pleasure Nor could such q
power be exercised in the u. s.. by any other an.
thority than the General Government: because
no other is co,exfensive with the Union. It would
therefore, follow, upon Mr.. Ms new method ri
deriving power 10 Congress- tina; il had the righ,
TO the exercis" Of this one also; a power. whist
reaches to the utmost verge of ultra d-spoism
The exercise Of it, would convert our Goyernmen.
mo despotlsm oil the most unrelenting charac.
ter; because, as has been often peated il wnulf
with us, be unrestrained by those long established
usages and customs, which alone mitigate its ef
fects, aud render its exercise endurable with 9TH
er ATOMS 1t should never be forgoten that our
Government is organized under Federative Com
pact, OF limited grants, to which the Psople in
their individual characters, and the PeonIe in
tneir corporate characters, States are the par.
ties From them, therefore, all power is necessa.
ry derived; and to them either as individu als or
as states, is necessarily retained all that has no,
been granted away. No chartered Goyernmen,
has any inherent rights. Its powers are Deces.
sariy limited, by the instrument which creates Il
A reference to the policy and practice of Foreign
Nations, to determine the extent Of the powers
belonging to our Government, must pre- sunpose.
in opposition to these political axoms tba, her.
are powers inherent in the Government and jnJp
pendent OF its Charter. If this dc c,ii be admit
ted' and the policy AMI practice of Foreign Ma.
lions, are alone to iimi III powers Of the General
uovernmeh' II VIII be no difficult matter to rem.
DER as absolute az the most despoiic monarchy of
Europe Mr. Ms method of de. living power 10
ne Zen Government, has as little rcga,d. there.
tore, to the settled maxms of our political Institu.
lions, a. u has TO the rules hitherto established for
determining their respective powers II is eonal.
iy opposed TO the theory as il is subyersive ar the
fundamental principles, oil our political institutions;
ana can never be admitted rule for ascertain.
ing toe rowers properly belonging TO the General
Mr. M. meant only to state it as
nct' .iaI ms power over Manufactures, whie h
Is exercised by every other Nation would be lost
TO ours, unless exercised by the Gen. Government
and TO infer therefrom, tie policy of granting the
power,-thrD his argument is foreign TO the sub.
Ject IN question which relates not 10 the expedi-
ency, but to the Constutionality, of the claim Of
the Government, to such a power.
"7. Ii revenue be the sole object of a leo;,i.
mate impost, and the encouragement of domestic
articles, be not within the power of resulatinp
trade. IL would follow, that no monopozn, or nm,
equal regulations Of foreign nations could be cour.
'eIdc'eo; that neither the staple articles of sub.
sstence, The essential impleme nts for tho nub
lie safety, under any circumstan co d be ins
ed or ostered at home, by regulations Of commerce.
the usual Il most convenient mode ofproyidinp fol-
both; and that the American navigation, tho tho
source OF naval defence, of chespening compe-
uion IN carrying our valuable and bulky articles
70 market, ard OF an independent carriage Of
them during foreign wars, when foreign naviga-
ton might be Withdrawn, must be at once abandon
ed, or speedily destroyed: ii being evident that
tonnage duty in foreign ports against our vessels,
and an exemption from such duty in our ports, in
favor oil foreign vessels, must have the inevitable
effect OF banIshng ours from the ocean," /
The inference resulting from this position also,
could only be used to show the expediepcy Of re,
strictive impositions on commerce. II has no re,
ference whatever to the constitutional question OF
the power to protect manufactures, II, indeed, IL
mad any reference az all 10 that subject II might,
therefore, be granted without affecting the subject
Of discussion in the least II is one Of the modes
the General Governmental and as such il il wor.
thy OF remark, that, like the preceding method, il
has no regard whatever for the constitution, nor
to the fundamental principles of our government I
But even as relates TO The policy of restrictions on
commerce, the writer humbly conceives that the
argument is entirely falIacious. II is based upon
q suppositous statement, which the writer think,
IS directly opposed TO matter Of fact IL will bs
admitted, that whether CONGRESS possessed the
power OF protecting manufactures or not, il was