Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-02-12

~ be considered as the inadveent error Of great
and good man, and could certainly afford no sup
port to Mr.. NJ, as precedent established by the
practice Of the Government, -espe cially, as will
be seen in the sequel; the doctrines that such an
opinion would sanction met not only with the dis
appreciation, but almost with the disrespect of Con.
gross, as soon rs they were presented to il in dis
tinct form and deliberate manner-and, whenit is
found that Mr. M. himself was amongst the most
efficient, at that time, in branding them with the
marks OF unconstitutional" and % extraordina-
ry."-On tile 18th Of Jan. II 80, the House came
TO the following Order Ordered, That it be re-
ferred to.the Secretary of the Treasury, to pre-
pare and report to this House, a proper plan or
plans, coniormabie to the recomme nda;ion Of the
President Of the u. s.. in his Speech to both Hou.
SEES OF Congress, for the encouragement and pro-
motion Of such manufactures, will tend to rem
der the u S. Independent of other nations for es-
sentai, especially for military supplies" This
Order produced Mr.. Hamilton's celebrated Report
on Manufactures. in 1891, and will be noticed in
connexion therewith.-On the 25th of jan. the
House came to the following Order" Ordered,
That Committee be appointed to prepare and
bring in bill or bills, making general provision
Tor securing TO authors and inventors, the exclu-
sive right to their respective writings and discove-
ries."-Under this Order, Bill was finally brought
in, and now makes one Of the laws of the land
AT the same Session of Congress, the second re-
venue act was finally passed, and approved by the
President on the 10Th of Aug 1880. with the fol.
lowing Title & Preamble
" An act making further Provision for the Pay
ment Of the Debts Of the u. S.
whereas, by an act, entitled, an act for lay
ing duty ON goods, wares, and merchandise, i'm
ported into the U. s. divers duties were laid on
goods, wares, and handize SO imported for the
discharge Of the debts OF the u. s., and the en-
enlargement and protection of manu- facures-and
whereas the support Of government, and the dis
charge OF the said debts, render il necessary to in
crease the said duties BE it enacted" sc.
1t will here be Observed that altho' this Pream-
BILE recies that of the former Revenue Bill. yet in
stating the Objects for which it is necessary to in
crease the duties imposed by that Bill, Z" the en-
couragement and protection of manufactures" ars
omitted altogether, and the objects confined ex-
clusively to " the support of government, and the
discharge Of the debts" of the u. S.-the only
objects sanctioned by the Constitution. That This
omission was not inadvertent but designed, can
| scarcely admit of doubt. The duties imposed
by this Act, no less than those by the former one
must, incidentally, but necessarily, have afforded
encouragement and protection TO manufactures;
and had it been believed, that Congress possessed
the right TO lay duties for such purpose, il world
no doubt have been expressed one OF the OBJ
| Jects OF the Act, as it necessarily one of its
effects. The subject having been presented by
Gen. Washington in his Message, began, no doubt,
to be more deliberately canvassed and consde red,
| and the result seems to have been an immediate &
entire abandonment, by Congress, Of all preten-
sion to the exercise OF any general power over IT
Nor has such pretension everreceived the slight
| est sanction from any proceedings act of Con-
gress, until 1924, far the recollection of the
writer serves him, aided by the most dilgent re-
search into every document within his reach.-On
the contrary, the various revenue acts, which
have been passed during tina, time, appear to have
been confined most scrupulously to the objects
CURED by the Constitutions; and very generally ex-
press that they are intended 10 provide means for
| the support OF government, or payment Of the
debts Of the u. s. That they may have incident.
ally tended to afford encouragement and protection
10 manufactures, will not be denied; that they
| were enacted for such purpose, upon the assum-
ed power to encourage manufactures, is di,proved
| by the various acts themselves. Their dates are
all that can be given here; but, by reference TO
them, it will be found that they do not contain a
single expression, having the least relation to man
ufactures, or to the regulation of commerce with
foreign nations, and among the several States, and
with the Indian Tribes."-The Sd Revenue Act,
passed by Congress, is dated March I'd, 179l-the
4th is dated March Sd, 17sl-the 5th, May I'd,
| l792-the 9th, June 9Th, l794-the 7th, June 7th,
| l794-the Sh, Jan. 10th, l795-the 9th, March
3rd, l797-the 10Th, July Sth, l797-the 18th,
May It'll, lS00-the 18th, May 18th, lS0O-the
18th, March 9th, IS04-the 14,h, March 26th,
lSo4-the 18th, Aprii 2lst, lsO6-the 10th, March
;Sd, lS07-the 18th, Jan. 18th, 1SUS-the 18th,
JAM 10th, 1S09-the 10Th, Jan. nth, lSI0--the
goth, Jan. 18th, lsII-the 2lst, Jan. 3lst, 1872
| the I'D, July lst, lSl2-the 23d, Feb. 9th, 1913
| the 2ith Feb. 18th, lSI3--the 25th, July 29th.
| lSl3-the Goth, Feb. 9Th, lSl6-the 9th, April
9th, lsl6-the 2sth, APP il Goth. lSlS-the 29th,
April goth, 1918 the 30th, April Goth, ISlS-the
Slst, March Sd, 1sI9.-These, il is believed, are
all the Acts that have been passed by Congress,
laying duties upon imposts, previously to 1871
| In the mean time, the Secretary of the Treasury,
MIR. Hamilton, had made his celebrated Report on
| Manufactures, in obedience to the before men,
| toned Order of the House Of Representatives,
made on the 18th of Jan. 1890
IL is worthy Of remark, that both the Order un
der which this Report was made, and the recon-
mendation of Gen. Washington, which occasion
ed the Order relate merely 10 the promotion of GER
tain nldnuJdctories, not manufactures. The es
sentIdi distinction between them, will readily siIg-
| gestitself TO every one Nor did they relate q
ven to all manufactures; but TO such only as were
deemed essential for military supplies. The right
to establish such manufactures, has never been
denied to the government. II rests upon the war
making power, and has been at all times exercised
as means, under the Constitution, " necessary
and proper" for carrying the war-power into eff
iect as is abuudantiy shown by the actual estab-
lishment and continuation Of the manufactures for
military supplies, particularly at Spring Field and
Harper's Ferry; whilst no other manufactures
have been attempted to be estab lished by the pov
eminent for any other than military supplies; not
even Tor those OF the first necessity. Both Gen
w ashlngton's recomme ndation, and the Or
der Of the House, were no doubt intended TO apply
to such MANUFACTURERS only. Mr.. Hamilton how
ever, could not conhne himself to such narrow
Limits; but took into confederation the whole Sub
Ject OF MANUFACTURES" and thus presented il 10
Congress, for the first time, in a complete and de
liberate manner. How il was tTeated there, will
now be seen.
This Report was presented to the House on the
oth oil December, 1891, when il was ordered s'to
lie on the Table" On the 23d Jan. 1892 the House
came to the following Order" Ordered, That
the Report of the Secretary Of the Treasury, on
the suJectot manufactures, BIO COMMITTEE 10
Committee OF the whole House on NJ oDidy next"
This Committee seems to have taken such good
charge Of this celebrated Report that il has never