Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-02-14

In examining THE enumeration OF grants, your
committee have not been able to discover any such
express Gele cation, authorizing the protection of
American manufactures, by means OF prohbitory,
or protecting duties. They tind, however, clause
in the Constitution, empowering Congress " to
promote the progress of science and the useful
arts, by securing for limited times, to authors
and Inventors the exclusive right to their res
pccfiue writings and disc0reries." On critical
examination OF this clause il will be found to bear
with much force, on the question, whether not
Congress have the right to advance the inanrfac.
turing interest Of America by the imposition of
prohibitory, or protecting duties! The ends which
the government may attempt, are plainly ascer-
tanned by the terms OF the compact The means
which may be legitimateiy eScr:c3, fer the ac-
complishment of these ends, are rs plainly deter.
mined and described. The phrase useful art, it
will be conceded, embraces and describes the man.
ufacturing art; and it is deemed compeIen, for
Congress to promote its progress, by securing for
time, to any fortunate or scientific artihcer, the
exclusive use Of all his discoveries. The inter-
est then, Of the manufacturing art may be pro-
noted alter the manner indicated in this clause;
but the suggestion Of thspar,icular mode operates
as an exclusion OF all other NODES and seems to
follow as natural consequence, that the manu-
featuring interest may not be promoted by the i'm
position OF proibitory or protecting duties.
The proceedings which were had in the Fede-
raj Convention, confirms this construction OF this
clause. The plan OF government finally adopted,
was Submitted 10 the consideration OF the Conven-
,
her from tn. State OF South Carolina. No such
clause as the under consideration, was
contained III the original drai', nor was ANY such
engrai,ed on that draft, by the select committee,
TO whose examination the plan subjected. On
the 18th Of Aug, succeeding, i, was proposed to
consider the propriety OF comforting OH the gov
crnncnt additional powers; and among others, The
following were suggested for reflection:
"To give 10 Congress the power "to secure to lit
erary authors, their copy tights for limited
time"
ITO encourage, by proper premiums and pro-
tasiofts the advancement OF useful knowledge and
discoveries"
t.' TO gran, patents for useful inventions"
:" To establish public institutions, rewards, and
immuniiies, for the promotion Of agriculture, COM
Inercc, trades and mantyGctures."
These propositions were referred 10 a select com-
mttee, who, after mature reflection, reported on
the 9th Sept. following, the clause as il now stands
ID the body OF the Constitutions; investing Con-
gross with the power " 10 promote the progress OF
science and the useful arts, by securing tor limit.
ed times, TO authors and inventors, the exclusive
right to their respective writings aud discove ries
Ii became the duty OF That committee, in the ex.
animation of the subjects to them referred, to en-
quirc into the expedency OF investing Congress
with powers " for The pyOnlotion' of D,aniifoc-
TIRES" Ia the event that they should lind it ex-
pcdient II became their duty further to ascertain,
the "pioper premiums and provisions" over which
Congress should be invested with power; wha,
g public institutions, rewards, and iinmuni-
tablish," for the promotion OF agriculture
commerce, trades, and manufacturers" and az
ter due deliberatlon, occupying the attention oil
the committee from the 18th OF August TO the 9th
OF September, it was determined that the only
provision which shouts oe inade was contained IN
the clause which at present occupies attention
Thus, actually rejecting the proposition which
were referred, and negatively declaring their in.
tention, that Congress should have no other power
' to promote the progress of :" manufactures
than that Of" securing for limited tines " to in
yentors, the exclusive right TO their respective
g discoveries" This report was sustained by the
Convention, who thereby afforded uneauivoca
evidence of their will and design, in relation tc
the subject Of domestic manufactures Manufac
lures had become the subjec, of their thoughts
They gravely deliberated on the powers necessa.
ry to be vested in the government for the promo
ton oil the manufacturing art, and after consulta
ton OF IL days, soemnly determined, that the on
Iy power over The subject, which il wise L
confer OH the government, was, that of securing
temporarily to inventors, any exclusive advantage
winch might result from their discoveries. fuu
committee cannot but regard these occurrences
as virtual, if not actual rejection of The propo
siiion TO inv est Congress with any other powers
for the promotion OF manufactures. And they are
therefore, the more confirmed in their conviction
that manufactures canpot be legitimatey promot
ed, by the imposition OF prohibitory, protecting
duties.
Your committee would not rest assured, of
faithful discharge Of the important dulles which
comment such clauses of the Constitution, a.
have been claimed TO convey 10 Congress, ia,
right to protect domestic manufactures. The Stl
section OF LIST article, has been relied con
veyiug that right. This section provides, tina
90 Congress shall have power to lay and collecttax
e5, duties, imposts, and excises to pay the debts
and provide for the common defence and genera
welfare of the United States but all duties, i'm
posts aud excuses shall be uniform throughout thu
United States" 1t is insisted by the advocates o
protecting duties, that Congress is invested by this
clause, with unqualified power over the subject o.
duties and imposts; which may be well exerted fol
the advancement or advantage of the American
Manufacturer; but this proposition appears to YOU
committee TO be entirely unsustainab'e So fal
from conveying to the Government OF the United
States, unqualified power over the subject OF duties
and imposts, that Government is restrained i'm tn,
exercise Of its power over the subject, to the &C
complishment OF Objects enumerated in the very
clause itself. The words "to pay the debts ant
provide for the common defence & general welfar,
OF the United States, tanned by the plain
est rules oil grammatical construction, to be limi
talon on the preceding member of the sentence
restraining Congress in the exercise o. the powe
"to lay and collect taxes, duties, imposts, AMI ex
cises," to the objects Of paying the debts and pro
viding for the common defence and general wei
fare of the United States. Ii this be true, tn
section contains express enumeration OF all tn
purposes for which the power may be exerted: tn
care and attention of American manufactures, ar
not embraced within this enumeration; and
would seem to your committee necessary to follow
that the power conveyed by the section. cannot b.
exerted for the protection promotion of Ameri
can manufactures
II would be uncsndiJ in your committee 10 e
lude or evade the examination OF the question
whether or not the words "to paw the debts an