Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-03-06

Government, is, tina: il il government Of limited
powers, but that as to the powers vested in it, it is
as supreme ~ the governments Of the different
States, or in relation to the powers respectively
tanned to then-and that Is the latter may exer-
else then. powers, Whenever and however they
may think best for the interests OF their State, SO
the former NAV exercise IFS powers, except when
appropriated, as in the OF the Sth aud 18th
powers of Congress, to some designated purpose,
whenever and however, it may deem best calcu.
lated to promote the general Interests Of the Union
yhe preamble in truth, sic, contains the only de-
stgnstsOn OF the general purposes for which the
government, was established, and its various DOW
ers distributed amongst it's different departments
And any one OF those powersis legitimatelv ON
pioyed, when its object, is either to form more
Perfect union, to establish Justice, to ensure do
ines'ic tranquility, 10 provide for the common de-
fence. to promote the general welfare, or to secure
che blessings OF liberty TO the people Of the U.
States tits thru, that the acquisitions Of Lou-
Siam and florida, justified by the principles
OF the Constitution. Their possession was caicu-
iated " toinsure the domestic tranquility, and to
promote the general welfare" of the Union-and
the treaty making and the revenue powers of the
Government, we're fully adequate to, and iegi:i.
mateiy employed in its accomplishment.
In the same way, sir, may the powers " tolay
and collect duties and =" TO regulate commerce.
hc employed here, as they have been under eve
ry Other government in the world, to protect do
inestic manufactures. The government is SUI.
Preme in relation to those, to all its other pow
ers, and may exercise them whenever and howe
yer il may think best calculated to promote the
general interests of the country-whether il be,
by increasing the revenue OF the government, by
,essenng the consumption or prohibiting alto
gether the introduction Of Injurious articles from
abroad, by diminishing our trade with one nation
or increasing it with another by changing, il il
please, the whole of comnercia relations with
the rest OF the world. These legitimate pur-
poses, and may be accomp he'd by the exercise
OF acknowledged powers, and their accomplish.
inent necessarily involves, the encouragement of
our own products, the protection OF our own man
utictures
The committee, doubtful, perhaps, whether the
encouragement Of domestic manufactures, being
the unavoidable consequence OF the exercise of the
powers "to lay duties" and to "rsgulate com.
merce, might not therefore be considered among
the Legitimate objects of those powers, have sought
To streng'hen their POSITIONS by reference to GER
tam proceedings oil the federal convention. A pro.
position Tor instance, in that convention, to give
10 Congress, the power, to secure to authors, their
copy rights Tor q limited time TO encourage, by
proper premiums and provisions, the advancement
OF useful knowledge and dscoveries-to grant
patents for useful inventions and TO establish pub
Tic institutions, rewards and iinmUnities for the
promotion OF agriculture, commerce, trades and
inanutacture,'' resulted in the adoption of a sim.
pie clause, authorizing Congress ito promote the
progress OF science and the useful arts by
securing for limited times, to authors and in
ventors, the exclusive right to their resp.ctiy Va
writings and discoveries And from this fact the
committee drew the extraordinary inference that
the convention designed TO withhold from Congress
altogether the power TO encourage protect do
urcslc manufactures. Such an inference would
have been illogical in the extreme, even the re-
jected proposition had been general one for the
protection Of manufactures, because its rejection
might AMI most probably would have resulted
from the conviction, that in the authority 'sto lay
duties and to regulate commerce. the most usual
and ehlcient manner for the protection OF manu-
factures, had already been conited TO the govern
inent But the inference is rendered still more ex-
rayagant by The fact that the rejected proposition
in
70 authorize "ihe promotion Of agriculture, COM
merce, trades and manufactures" by the special |
means ot"pubic institutions. re,ndTds ana immu-
mites"
Again. The committee infer from the course of
proceeding in the convention, in the FIRST clause
OF the eighth section, that it intended to con-
slitute The power then granted, simply into pow
er 10 raise revenue "to pay the debts and necessa
ny expenses OF the United States" The proposi-
ti6n first submitted this subject was that :she
Legislature of the United States, should have DOW.
ep to lay collect taxes, duties, inposts end ex-
clses-" The committee to whom it was referred
reported clause in these words: ssThe LEGISLATURE
OF the u States shall have power to lay and col
fecttaxes, duties, imposts, and excuses for pay |
Inenf Of the debts and necessary expenses Of the
" States, provided. Sc" Had this phraseo!ogy
been adopted in the end, the construction of the
committee would doubtless have been correct; and
e the power "to lay taxes, duties. &c." could only
nave been used in raising revenue "to pay the |
debts and other necessary expenses of the poyern-
ment. imposition Of discriminating duties
for the protection of navigation, and of coun-
fervailing duties, for the protection of our COM
merce, would have been beyond the pale of Com
gtessiona! power. 1t was this considerations no
Doubt, that suggested the phraseoogy finally a.
dopfed. and which gives TO Congress, the power !
'td lay taxes, duties, &c." not only "to nav the
debts" but also to provide for the common defence
s.nu Tue general welfare, and if under this a,l- |
shoiity, they have the power (never denied them |
to- impose discriminating duties for the protection
otour navigation, and counteryailing duti for
Tire protection OF our commerce. would fain learn
ny what rule Of construction, they are to be de-
barred the imposition of every other duties. cal,
cuIated"to provide for the common defence and |
general welfare" whether it be by diminishing |
the consumption OF foreign, consuming that OF
domestic productions and manufactures,
The advocates Of the protecting system Mr |
Speaker, while they look to the power go Law du- |
ties and imposts as one Of the means of encoura-
Cling domestic manufactures, do not rely on IT, az |
the only source OF the authority claimed. So far |
as this power operates TO diminish, by heavy im- |
positions, the consumption of articles of foreign
growth or manufacture, so far il gives encourage
inen to domestic articles OF the same description
But the power "to regulate commerce." while il |,
iucudes In part. the former, goes still farther:
authorises the absolute prohibition, under heavy !
penalties, OF any foreign production calculated TO
interfere with American interests IL ia a power |
toprescrbe the terms which our commerce wiz,
every other part OF the world, shalt be conducted |
Ito designate the articles TO be excluded and the
articles TO be admitted-and the terms on which
they shall be admitted. In exercising this power, |
Congress are not required, the committee SUM-
poses TO look only 10 the extension Of every branch
-ol our foreign commerce. They may on the con- |
trary, and indeed, In duty bound, 10 make the |
preliminary inquiry, 10 Relation to each branch |