Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1846-11-17

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| have so far discussed the question as Il arises
on The face OF the Constitution but the iairesl
and most rational melhcd," says Blackstone, 10
interpret the will OF the legislator IS 10 explore ms
plea ions al the time when the law was mace.
Ii. then, we explore" The intentions OF The ma
mers of The Constitution al the time OF It's aeop-
lion, we will find thai they did not In!ena ihdl
manufactures should he protected beyond inc
revenue limit, | extract The following unan-
swerable argument from the able hunters oil the
Crisis" written al perici oil nigh parry excite
mcnt when the chvaIous spirits oi The Paimeto
Stale had resolved never 10 submit 10 an odious,
unjust and unconstitutional tarlh:
"W e do not find in The proceedings oil 'he CtnVeh-
lion The word manufactures, or any mollon red
tive 10 The cement oil them until Inc ION Oh
August. The Convention having al that tune as
nosed Of most Of The clauses in The reported Con-
slulion, as far as The end OF the enumerated pow
ers, many additional powers were on that day pro-
posed TO be vested in Congress Amongslhem was
a power TO establish public institutions, rewards
and immunlies, for The promotion OF agriculture,
commerce, trades and manufactures. Anolher
proposition was made on The 2Uth OF August Tor
council oil Stale. The duty oil the Secretary OF
Domestic Affairs was 10 attend 10 The state OF
agriculture and manuiaclures-and 10 recon-
mend such measures and establishments as might
Tend 10 promote such objects Both oil Inc ABOVE
propositions having failed, we might reasonably
conclude that the Convention refused 10 give Con-
ere,s The power TO promote doniestic manufactures
as we'll as internal Improvements. But II IS not
from the mere failure 10 have these clauses IN
serted in The Constitution that we would infer a
clear and unequyocal intention that 10 The States
alohc was 10 be left The regulation Of The different
branches OF internal industry.
The above propositions were referred 10 the
COMMITTEE OF detail, together with sundly others.
Ailer many partial reports, which did mol affect
this subject, on the 5h Of September he Com
mil,ee reported further and tinay,' recommend.
ing alterations and additions in five insta noes -
The last is To insert this clause: TO promote the
progress Of science and The ustui ayt by secur-
ing Tor limited times, 10 authors and inventors, The
exclusive right 10 their respective writings and
discoveries The above clause 10 promote the
progress OF science and The useful arts was, as
conceive, report OF the grand committee
against manufactures. | am not conscious that
in any exposition Of the Constitution, this clause
has been relied on as restraining The power OF
Congress on the subject of manufactures. In my
view il is very important. II is important, il
considered in the abstract; but, when taken il
connection with The above proceedings OF The con.
vention, do regard it as conclusive. First, lei
US consider The clause as il stands in The Consl-
tuition. What does il amounllo2 Ii is power
TO promote science and the useful arts. What are
the useful arts7 They are those arts or occupa-
lions that are carried on with view 10 profit, in
conlradisncion 10 such as are pursued for plea.
sure, which are called the liberal or polite arts
Are manufactures 10 be class sd among line useinl
arls2 Throughout the civilized world, agricul-
lure and manufactures stand al The head OF the
useful arts A men must assent 10 tnis. Here,
lhen is clear power vested in Congress, by the
Constitution, 10 promote agriculture and manu-
factures. But is il general or limited power
Ii is limited power. How is il Iimied2 IL is
limited, inasmuch as The mode By which these
arts are 10 be encouraged is not left TO conslruc-
lion, but is expressed in words which have clear
and definite meaning They shall promote the
useful arts hy securing 10 ingenious men patents
for their Inventions Now, il power 10 pro
mote specified object by prescribed mode does
mol exclude The power 10 promote it by differ
ent or other mode, there is no truth in the law
maxim, '6rpyeSsiO minus est crclusiO aAeyips."-
The grant ui power in question is what lawyers
would term an affirmative preenant-lhat is, an
alirmance Of one thing and denial oil another:
an affirmance of the power OF Congress 10 pro-
mote the progress Of science and the arts hy pa
tents and copyrights and negation OF their au-
lhority 10 encourage them in any other way.
"Three clear propositions result from " hal has
been said Isl. That there was proposition
made in The Convention 10 give Congress The
power to promote Science, Agriculture and Ma
nufacture IDLY That Committee reported a
specific power for that purpose, 10 be added "a
those already enumerated, which was not agreed
In nat fcs< u
10 protect these objects, but only to a United ex-
tent. |. appears, then, BY the acts Of The Con-
yenlion, that though il was deemed nnadgisable 10
entrust Congress with a power 10 promote any
great local interest Of particular States, yet lha;
1t was considered that there would he manifest
improperly in deprivlng any one State, which
might choose to encourage lis own manufactures,
IF he means Of doing 50. The usual mode by
which domestic manufactures arc encouraged, ne
all know, IS by premiums, Pecuniafy boun,ies
and nna d ns bn her modes are
prohibition. II Congress could not lay rrohibi.
Tory duties, excepl for lhr general purposes of the
Government, and The States could not impo,e
them 10 protect manufactures, one great motive
loihe Union would have been defeated, which was,
that the States should not, az regarded their IN
lernal relations, or their power 10 regulate their
own industry, be in worse situation than be-
lore. Hence, il became necessary that the States
should not be deprived Of the power of laying pro-
hibitory duties Tor The convenience OF their i'm
ports or exports or Tor the purpose Of protecting
their own manufactures. When, therefore, that
clause of the Constitution came 10 be considered,
which restricts the States from laying duties on
imports or exports, the subject Of manufactures
directly came inIo discussion. After many pro-
positions and efforts 10 amend and alter, on The
18th of September The clause was finally agreed
10, as follows "No Stale shall, without The con-
sent of Congress, lay any imposls or duties on
imports or eY ports, except what may be absoluely
necessary toi executing lis inspection laws; and
the nel produce Of all duties and imposts LAID by
any State on imports or exports, shall be for the
use of the Treasury Of the United States and all
such laws shall be subject 10 The revision and
control Of the Congress
Were an hundred men TO read this clause in
the Constitution, | would venture 10 say, that
ninety and nine, for while, would be ignorant q
The true design OF lis introduction. Alb tracly
considered, ii is nexpicabie, and 10 me, and per.
haps 10 others, would have remained so, had not
the subject of manufactures come mo discussion
The design o! The clause is now al once seen. A
satisfactory explanation is instantly within our
reach. Ii was inserted for The purpose Of ena.
bling such States as were DESTROYS OF proeclin.
their own manufactures, either by export duties
on their raw materials, or by imports on foreign
fabrics introduced inlo their Limits; 10 do SO with
The consent Of Congress. No CHER solution is
admissible. Ii this is not The intent, def the
Supreme Cour, or any exposition, 10 explain ii. In
any Other view, il is useless and stupid clause
OF the Constitution.
But lei US hear Luther Martin land we beseech
our readers 10 pay attention 10 wha he says, ior
he was an able and distinguished member Of the
Convention bitterly complaining 10 his own
State OF The total injustice in his view Of this
clause. by this same section" says he, "cvery
Slate is also prohibited from laying any imposls
or duties on imports or exports without the per
mission of the General Government. II was
urged by US that there might be cases in which i
would be proper, for the purpose OF encouraging
manufactures, 10 lay duties, 10 prohibit the expor
alion Of raw materials; and ercn IN addition 4
The duties laid by Congress for lie sake ot rercnus
10 lay duty 10 discourage The importation OF par
ticular articles into SIale or 10 enable The ma
nuiaciurer here 10 supply Us here on as good terms
as they could be obtained from The foreign mar
keL Blu, The most we could obtain was that this
power might be exercised by the States with, anC