Litchfield enquirer., 1833-03-21

constitution. they have thrown the exercise
OF this power into other hands; they must
have done this with an expectation that those
interests would not be neglected here"
10 another report Of the same speech, Mr..
Madison Represented as using still stronger
language; as saying that the constitution,
having taken this power away from the States,
and conferred it ON Congress, it would be |
fraud on the States and on the people, were |
Congress to refuse to exercise it.
MIR. Madison argues, sir, on this early and
interesting occasion, very justly and literally
in favor OF the general principles of unrestrict
ed commerce. But he argues also, with E.
quail force and clearness, for certain impOr
tant exceptions to these general principles.
The FIRST, sir, respects those manufactures
which had been brought forward under en-
enlargement by the State Governments. at
would be cruel" says Mr.. Madison, % to neg
lect them and to divert their industry into 9th
err channels, for it is not possible for the hand
of man to shift from one employment to an
other without being injured by the change"
Again ''There may be some manufactures
which, bei1g once formed, can advance to-
wards perfection without any adventurous
aid while others, for want of the fostering
hand Of Government will be unable to go on
at all. Legislative provision, therefore, will
be necessary to collect the proper objects for
this purpose; and this will form another ex-
ception to my general principle" And a.
gain: 1.-The next exception that occurs is
one on which great stress is laid by some
well informed men, and this with great pau-
sibiIity; that each nation should have. within
itself, the means of defence, independent of
foreign supplies that, in whatever relates to
the operations Of war, no State ought to de-
pend upon precarious supply from any part
Of the world. There may be some truth 10
this remark, and therefore it is proper for
legislative attention"
Ia the same debate, sir, Mr.. Burk, from
South Carolina, supported duty on hemp.
for the express purpose Of encouraging its
growth on the strong lands Of South Carroll
ma. Cotton he said, "was also 10 con-
temptation among them, and if good seed
could be procured. he hoped might succeed
Afterwards, sir, the cotton seed was obtained,
its culture was protected, and it did succeed.
Mr.. Smith, a very distinguished member
from the same State, observed: " 1t has been
said. and justly, that the States which adopt
ed this constitution expected its administra-
ton would be conducted with favorable
hand. The manufacturing States wished the
encouragement Of manufactures; the mari
ing; and the agricultural States the encOur-
agement of agriculture"
Sir, / will detain the Senate by reading no
more extracts from these debates. have
already shown a majority Of the members Of
South Carolina, in this very first session, ac-
knowedging this power of protection, voting
for its exercise, and proposing its extension
TO their own products. Similar propositions
came from Virginia and, indeed, sir, in the
whole debate, at whatever page yeu open the
volume, you find the power admitted, and
you find it applied to the protection of par
ticular articles, or not applied, according to
the discretion of Congress. No man denied
the power-no man doubted it; the only
questions were, in regard to the several arti-
cles proposed to be taxed, whether they were
fit subjects for protection, and what the a
mount of that protection ought to be. Will
gentlemen, sir, now answer the argument
drawn from those proceedings of the first
Congress? Will they undertake to deny
that that Congress did not act on the avowed
principle of protection? Or, if they admit it.
will they tell us how those who framed the
constitution fell, thus early, into this great
mistake about its meaning? Will they tell
US how it should happen that they had SO
soon forgotten their own sentiments, and
their own purposes? / confess have seen
no answer to this argument, nor any respect
able attempt to answer it. And, sir, how did
this debate terminate? What law was pass
ed! There it stands, sir, among the statutes,
the second law in the book. 1t has preau.
bic, and that preamble expressly recitcs, that
the duties which it imposes are laid ~ for the
support of Government, for the discharge of
the debts efthe United States, and the encour-
agenlent and protection Of manufactures."-
Until. sir, this early legislation, thus coeval
with the constitution itself, thus full and ex-
plicit. can be explained away, no man can
doubt ofthe meaning of that instrument.
Mr.. President this power of differentiation,
thus admitted, avowed, and practised upon.
in the first revenue act. has never been denied
or doubted until within few years past. 1t
was not at all doubted. in 1916, when it be-
came necessary to adjust the revenue to
state of peace. On the cont airy, the power
was then exercised, not without opposition
as to its expediency, but, as far as remem-
her, or have under stood, without the slightest
opposition founded on any supposed want of
constitutional authority. Certainly. S. Car
ona did not doubt it. The tariff of 1916 was
carried through, and established,
under the lead of South Carolina. Even the
minimum policy is Of South Carolina origin.
The honorable gentleman himself supported,
and ably supported, the tariff of 1916. He
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