Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-02-21
MIR. MADISON AND THE TARIFF.
TO the Editor IF the Norfolk Herald.


ed the letters of Mr.. Madison, it will be matter
OF extreme surprise, that in examining his Eve
hrst propositions, ,cich hardly contain t,ciee so
many sentences, have considered every argu-
ment employed to establish the conttutionality OF
tariff to encourage domestic manufactures
Those which follow, even il founded upon reason
able principles, could yet only have the tendency
to induce the conviction, that from considerations
oil expectancy, this protecting power ought to be
granted, and not that il is actually vested. But
will examine each in its order.
SO. Ii Congress have not the power, it Is ami
hiiafed for the nation; policy without example In
any other nalion and not within the reason of the
| solitary one IN our own" l would not be ac-
cused OF unnecessary refinement, but as this OBJ
Election assumes an imposing aspect from the sup.
position OF the humiliation of a power, by some
| deemed very essential to a nation, 1 would sug-
gest the enquiry, whether il be not rather DOR
| mant, than annibilated-whether its exercise is
not rather prevented, than its existence destroy
ed IL it cannot be exercised by the States, il is
only because they have granted away the means,
by which they could use il. And if the General
Government are likewise restrained, it is because
the power itself, has not been given, though the
means are transferred TO them. But had forgot
that this was the controverted point. However,
not to press further a distinction, which though
just, would be unmportant were il not so, let us
recur to the proposition of Mr. Madison, and con-
slider 1t upon his own assumption.-That a power
may be annihilated, II the people direct, Mr..
M adison cannot be understood to dcny-as he ex-
IL.
Solitary instance. The assertion then, that elf
Congress possess not the power il is annihiated,"
can no more prove its existence, than like asser-
ton with regard to the tax on exports, Ia power
confessedly annihilated) would establish the
power OF Congress to lay such a tax. But he de-
cIares that this is solitary example, and that The
other would not be within the reason of this!-
That the some reasons do not apply to both, j
readily concede. They have their distinct and
peculiar support-and as NJ. Addison has express
ed the reasons OF the one, beg leave refer 20
those OF the other, in the liberal principles of un-
restricted commerce, demonstrated i'm the alb
stract, benefcent in their operation, applicable To
all nations, and with multiplied vgour to a con.
federacy like ours.
know not whether il be material, but Mr..
Madison is, conceive, mistaken in asserting that
the example alluded to above, is the solitary one
| in our governmental reference to the Constitu-
ton would have furnished him with many others
One only shall mention. Ii is maxim general
ly received, not only in republics but amongst all
who are acquainted with the principles Of the go
ciai contract, that the people have right to a.
| dept any form OF government which il may please
| them to select. But in the u. States, no State
can establish any other than a republican system
! And the widest latitudinarian will not pretend
1 that Congress can erect a monarchy. Here is
clearly the annihilation Of power OF very exalted
dignity; thing unquestionably "withasit exam
pie in any other nation, and certainly not within
the reason of that which MIR. Madison mentions as
the solitary one in our own.
| l.
mate impost, and the encouragement OF domestic
| articles be not within the power Of regulating
trade il would follow, that no monoposing or une-
quail regulations Of foreign nations could be coun-
teracted."
| Here again il isperceived, that the argument
If it were even connected with the subject unt..r
discussion, could yet only establish the utility of
the protecting power and not its actual existence
| Butl apprehend, that from its entiye irreeva ncy
| to that point which it was Mr. Madison's primary
| object to establish, l might safely admit the
proposition in its widest scope, without injury TO
| my argument, or abandonment Of my opinions
For might very consistently oppose the expe
diency of power in Congress 10 protect domestic
manufactures, while 1 freely acquiesced i'm the
propriety Of power 10 counterfeit oppressive
| foreign regulation.-Because these two powers
being distinct and substantive in their nature the
| existence of he former is not more implied by
the existence OF the last than by that of the power
TO raise revenue, the object specially conteinplat.
| ed by the rower to lay taxes and imposts. And
admitting flor would not unnecessarily widen
the grounds OF controversy that Congress may by
the impo-ition OF taxes coDstituonaily counteract
oppressive foreign regulations the conclusion tina,
they by consequence possess the power to encour-
age manufactures, would not be more logical
than that they may lawfs'y exercise il, because
| they have the power to raise revenue.
SO. That the encouragement of manufactures
was an object to regulate trade is proved by the
use made Of the power for that object, in the
first session of the first Congress under the Con.
| stitution."
| ] find it difficult to persuade myself that Mr.
Nj adlson was serious in u, gng this reason. For
to require 10 believe the consttuiionaIty, o.
the prot citing system, because certain member:
OF Congress believed so more than forty years a.
go, when, in the infancy Of our existence il wa.
impossible 10 foresee the mischiefs that il would
create, and probably when the constitutional
| question was but little regarded, h. spe.
cies Of argument, not novel indeed, or singular
but antiquated as thought until recent expert.
ence convinced me to the contrary. IL we can
| not be waited on the stream Of legitimate reason
| ing, let us not be borne away by the current OF
| authority. The existence OF abstract truth il me-
| UtopiaD doctrine--truth, independent of human o
| pinion, or exirinsc circumstances. For human
opinion, tho sometimes the index, is never the
constituent oitruth-else that, which from the
necessity OF IFS own nature, must be eternal ant
| Interchangeable, Of all things would be most evanes
cent and mutable. No, sir, if the opinions of any
body of men are TO influence our fsith;-if we
musf bow in servile acguiescence to unsupporte
| sentiment, let us rather fashion our Judgment bv
! that Of the members Of the tGst Congress; whom,
| AN experience Of the practical operation of the
protecting system, the collected wisdom OF near.
~ half a century, the conflicting exposition Of e.
wills and benefits. and successive claims and con
eessions, and doubts and conviction, NAV be sun
posed more accurately to have ascertaned for the
character extent Of the powers given in the Con.
sutution. And then, sir, what would be the tenor
! OF the argument one from which even Mr.
! Madison would shrink, were il imputed 10 hint
one, which would find the apology for tyranny, in
its consummation--whcb would discover the vim
dication OF crime, in its com oission;-and which
| would defend any usurpa,ion on the part of our
representatives., by destroying all distinction be
| tween moral right, and physical force Congress
cOnStfutiondify possess the poiDer, because Con
gTess exercised IL. That which suggests enqui-