Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-03-13

FOR THE ENQUIRER.
~
MR.. A.aDISO.N'S LETTERS
In support Of the right Of Congress to pass the
Thrift acis ~

Turf .acfs.
The contrast between Mr.. MS old costume ana
his new
The writer would have contented himself with
the exposition already given In his review Of the
most essential parts OF Mr.. Madison's letters were
II mt that there still remain two points Of minor
consequence unnoticed; and the omission to an
swer them, might be construed by some of His to,
partial friends, into triumphant belief that thew
were unanswerabic. The FIRST point will be founi
In the following quotation:
1T IL seen, with no little surprise, that an at.
tempt has been made, in ahighly respectable quar-.
ter and at length reduced TO resolution, formalv
proposed in Congress, 10 substitute, for the power
oil Congress TO regulate trade so as to encourages
manufactures, power in the several States to do
so' with the consent Of that body; and this expo
dIen IS derived from clause i'm the teuth section
oil article first Of the Constitution, which saw.
No State shall, without the consent of Con.
gress, lay any imposts or duties on imports or en-
ports, except what may be absolutely necessary
Tor executing its inspection laws; and:ths nett pro.
duce OF all duties, and imposs, laid by any State,
on imports and exports, shall be for the use of the
Treasury % the United States; and all such laws
shall be subject to the revision and control of the
Congress-" N
Mr. M. seems to enjoy 70 much self-complacen.
cy at his triumphant retutation of the interpreta
ton Of this clause in the Constitution, which re.
serves to the State Governments the power of pro
techDg manufactures, within their own limits. by
duties and imposts, and has dwelt upon il with
such delightful destinations for nearly one column
Out OF about three, embracing his FIRST letter, that
1t seems almost cruel to deprive him of his deli.
cious delusons but sacred obligation to truth and
justice renders it necessary, that his error. in
this respect should also be exposed. The position
taken upon this point by Mr.. NJ. is chiefly derived
from the general implication, that il would be ex.
emeiy difficult il not impracticable for the State
Governments, to exercise the power reserved;
a an hence ne liners an incompa,ibty between
the desire OF the State Governments to that
power with the implied incapacity to exercise it,
In reply the writer positively denies the. imprac.
ucabliy on the part of the States TO exercise the
power, with the consent of Congress, If they
thought proper TO do so; and whilst the writer ad.
mits the conditions of exercising the power to ba
strictly, perhaps severely just, in relation to the
States wishing its exercise; yet he cannot discern
any difficulty in the exercise Of the right under
the conditions imposed, although the exercise Of
Inc right, upon such conditions might be unpro.
ductive. Indeed, the State Governments have
en- some instances, exercised part of the power,
reserved in the same clause, and might c exercise
the rest, If deemed expedient. The State of Viz
gina now has, Il always had, law, laying an ex-
port duty OH tobacco, for the purpose Of executing
its inspection lawsuit it is asked what other
meaning can be given to these words but the re.
servaon to the States Of the power to lay duties on
imports ana exports! g No State shall without tbs
consent of Congress, lay any imposts or duties on
exports" &c. and the nett produce of all duties
laid by any State on imports exports shall be for
the Treasury of the United States, and all such
laws shall be subject to the revision and controui
OF Congress-" Here, then, the power to Law du-
ties on imports and exports is expressly reserved
TO the States, in SO many words, subject to tho
controu OF Congress-; and here another instance 10
seen OF MI NJ 8 arraying his implications against a
plain matter of fact, founded on expressions which
cannot admit of any other Interpretation. i'm.
Piled mpracticabity, or difficulty, upon which
Mr. nj. POUNDS his. whole course of reasoning, is,
therefore, denied most positively. Nor can the
writer discern the least incompatbility between
hn 10 -. al.
presumed difficulty, or possible inpracticability in
its executon.-N either such impra icability nor
difficulty were rendered certain al the time They
were mere presunptions or differences & the States
might very consistently wish to take :he chances
OF future experience. But the most irresistible CON
ciusion against MIR. Ms presumption is that II /,
presumption against a matter of fact; that the
right OF the State Governments, is expressly re-
served IN the clause Of the COntituion quoted by
Dir. nj. himself. For, the words will not ADM,
OF any other meaning, and the celebrated Luther
martin pledged himself at the time, that such was
the true intention Of the clause; and that more was
demanded ON the part Of the States, but withheld
by the Convention; and the States were content to
get all 'hey could, however oppressive the condi-
tons and concessions Here then are seen all the
auenuated rehnements and ingenious suhtleties Of
MT S inventive mind, arrayed in brilliant CON-
pact columns to batter down a matter of fact Thi,
unaVahng enterprise, cannot fail to present this
reflection to the cOniempatve mind that whilst
every other argument has been compelled 10 weld
TO plain matters Of fact, this refined and delicate
operation OF the mind, in searchin e for remote a.
naiogies and invisible deductions, produces so
much sell complacent delight, as TO be nut I'm bat.
tie array against stubborn matters of fact-and
even to indulge itself with the achievement of the
most brilliant victory over them. The writer will
De content with this general reve Of this point
without entering more into detail which il done,
could only confirm this general conclusion, that
MT. M. IS utterly mistaken in the position thus
cohhdentiy assumed by him. Besides, this task
mas "a, been most efectually performed by others
ne other point left unanswered will bo found In
Mr.. MS "a letter, & consists Of two opinions OF
very general character expressed by him, which
T caused the deepest regret of the writer
This regret arises from the conviction that thew
60 to the confirmation of profe.sed change in
MIR. general political character i'm all its most
essential properties and bearings, and is nothing
snort oil protested change from an advocate OF
the Tree republican. to the absolute despotic sys.
TEN OF Government. The first expression is iI the
following words
briefly the grounds on which rested nv opnion,
maj power to impose duties and restrictions OH
imports, win view to encourage domestic pro-
auctions, was constitutioDsy lodged in Congress.
IN the Observations then made was involved the
opinion also, that the power was properly there
~ ~ hs mus idst opinion necessarily implies
ma, mere are cases IN which the power NAV be
isetuliy exercised by Congress, the only body
Vlthin our political system capable OF exercising il
'Ib erect, you may think IL incumbent on me 10
'oint out cases Of that description.
VIII premise that concur in the orinion,
nn as a general rule, individuals ought to be
'eemed the best judges of the best application Of
heIr industry and resources"
The second IN the following words
am ready TO admit, also, that there is no
ountry IN which the application may, with more
sey, oe 'ci, to the Intelligence aud enterprise oil