Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-04-05

convention supposed II had done enough, at any rate II
had done all 1t intended, when il had given TO Congress, in
general terms, the power 10 lay imposts and the power TO
regulate trade. IL is not to be argued, from is omission to
give more, that IL meant 10 take bl,k what il had already
given. IL had given the impost power; IL had given the
regulation OF trade; aud II did not deem it necessary to
give the iur'her aud distinct power Of establishing public
institutions.
The other fact, sir, on which the gentleman relies, is
the declaration of Mr.. Martin, TO The Legislature OF Mary
land The gentleman supposes MIR. Martin to have urg-
ed against the Constitution that itdtd' not contain the pow
err oil protection. But, il the gentleman will look again at
~hat Mf' Martin said, he will Gud, i think. what Mir.
Matuh complained of was, that the Constitution, by its
prohioluOns on the States, had taken away from The States
themselves the power OF protecting their own manuiac-
lures by duties on imports. This is, undoubtedly true;
but Ind no exrression OF MIR. Martin, intimating that The
constitution had not conferred on Congress the same pow
er mn'ehi' had thus taken from the states.
But, sir, let US go TO the first Congress; let us look i'm upon
'hls and the other House, at the first session OF their or
ganizaion.
We see, in both Houses, men distinguished among the
trainers, friends, and advocates Of the Constitution. We
see IN both those who had drawn, discussed, and matured
tho instrument in the Convention, explained and defended
II seiore the people, aud were now elected members of
Congress TO put the new Government into motion, and to
carry the powers OF the Constitution into beneficial exc
cutOn.
At the head of the Government was Wasbinqton him.
sell, who had been President of the Convention, and i'm his
cabinet were others most thoroughly acquainted with the
taken in its discussion.
II these persons were not acquainted with the meaning
oil the Constitution; II they did not understand the work Of
Their hands, who can understand it, or who shall now in
terpret it TO us:
Sir, the volume which records the proceedings and de-
bates OF the list session of the House of Representatives.
lies before me. L open it, and | find that, having proyid-
ed Tor the administration OF the necessary oaths, the very
first measure proposed Tor consideration is. the lavipp of
imPosIs; anu In the very nrst Committee OF the Whole
into which the House of Representatives ever resolved it,
sell, on this, its earliest subject, and in this, its very first
debate, the duty OF so laying the imposts as TO encourage
mnnuIac'ures was advanced, and enlarged upon by al
most every speaker; and doubted or denied by none. The
nrst gentleman who suggests this as the clear duty of
congress, ana as an OBJECT necessary TO be attended to, is
MIR. Fiizsimons, of Pennsylvania; the second, MIR. White
oil Virginia; the third, Mr.. Tucker of South Carolina.
Hut the great leader, sir, on this occasion, was Mr.. Ma
olson. Was he likely to know the intentions of the con-
yenion and the peop!e' Was he likely to understand the
Constitution.
At the second sitting of the COMMITTEE. Mr.. M,diso,
explained his own opinions of the duty of Congress, fully
and explicitly. L must not detain you, sir, with more than
a few short extracts from these opinions, but thew are such
as a clear, Ineligible and decisive.
" The States, says he, ''that are most advanced i'm popu-
iauon' ana Ilpe Tor manufactures, ought to have their par
ncular interest attended to, in some degree. While these
States retained the power of making regulations of trade,
they had the power to cherish such institutions. BY adopt.
ing the present the 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"
In another report of the same speech. Mr.. Madison i
represented as using still stronger language; as saving that
the Constitution, having taken this power away from the
States, and conferred it on Congress, it would be a fraud
TO exercise it.
Mr.. Madison argues, sir, on this early and interesting
occasion, very justly and literally in favor of the general
principles OF unrestricted commerce. But he argues also.
with equal force and clearness, for certain important ex-
ceptions to these general principles.
The hrst, sir, respects those manufactures which had
been brought forward under encouragement nv the State
Governments. alt would be cruel,'' saws Mi. Al adison
'to neglect them, and TO divert their industry into other
channels, for 1t is not possible for the hand of man TO shift
from one employment TO another without being injured
by the change" Again: "There may be some manufac-
lures, which, being once formed, can advance towards
perfection without any adventurous aid; while others. for
want OF the fostering hand of the Government, will be
unable to 60 on at all. Legislative provision, therefore.
wall be necessary to collect the proper objects for this pur-
principle" And again: "The next exception that occurs
is one on which great stress is laid by some well-informed
men, and this with great plausibility; that each nation
should have, within itself, the means of defence independ.
ent OF foreign supplies that, in whatever relates to the
operations OF war, no State ought 10 depend upon a preca-
rious supply from any part OF the world. There may be
some truth In this remark, and therefore it is proper for
legislative attention."
In the same debate, sir, Mr.. Burke, from South CARROLL
ma, supported a duty on hemp, for the express purpose of
encouraging its growth on the strong lands OF South Caro-
lima. Cotton" he said, :" was also in contemplation 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 IL did succeed. MIR. Smith,
a very distinguished member from the same State. observ-
ed 4" 1t has been said, and Justly, that the States which
adopted this constitution expected its administration would
be conducted with a favorable hand, The manufacturing
States wished the encouragement of manufactures; the
inaralime States the encouragement Of ship-building; and
the agricultural States the encouragement 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,
acknowledging this power of protection, voting for its exers
else, and proposing its extension 10 their own products
Similar propositions came Dom Virginia and, indeed, sir.
IN the whole debate, at whatever page you open the vo.
luine, you Ind the power admitted, and Won find il an
piled to the protection OF particular articles, or not applied,
according 10 the discretion OF Congress. No man denied
the power-no man doubted it; the only questions were,
in regard to the several articles proposed to be taxed, whe-
ther they were fit subjects for protection, and what the
amount OF that protection ought to be. will gentlemen.
cir, now answer the argument drawn from these proceed
ings OF the first Congress? VIII they undertake TO denv
that that Congress did act on the avowed principle of pro.
lection D.? Or, il they admit it, will they tell us how those
who framed the constitution fell, thus early, into his great
mistake about its meaning? Will they tell us how it should
happen That they had so soon forgotten their own senti-
ments, and their own purposes? l confess have seen no
answer TO this argument, nor any respectable attempt to
law was passed? There it stands, sir, among the statutes.
the second law in the book. 1t has a preamble, and that
preamble expressly rectes, that the duties which it impo-
ses are laid ''ior The support of Government, for the dis
charge oil debts of the United States, and the encOtuaee-
ment and protection of manufactures" Until, sir, his
early legislation, thus coeyal with the constitution itself.
thus full and explicit, can he explained away, no man can
doubt OF the meaning Of that instrument.
Mr.. President, this power of discrimination, thus adj
miued, avowed and pracdsed upon, in the first revenue
act, has never been denied or doubted until within a few
became necessary to adjust the revenue to a state Of
peace. On the contrary, the power was then exercised,
not without opposition as toits expediency, but AS far as re.
member, or have understood, without the slightest OPPOSE
ton founded on any supposed want of constitutional autho-
rty. Certainly South Carolina did not doubt it.
The tariff Of 1916 was introduced, 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 sup