The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-07-16

'ne hubJect mas ahrued that the power Tor which
: contend was given. | could give the quotaiion
from the messages Of every President, but a
T they have given before | will not do il. Blu
there Is ooe authority TO which | desire special
lily TO call the attention of the COMMITTEES.
Is the opinion OF James Madison, one of tn,
distinguished trainers add expounders Of the con
stituton; not given in order TO obtain power
and place, but from the calm philosophy Of his re-
tirement from the turmoil Of the world. 10 1927
constitutional scruples, for the first time began e
be expressed, and Mr. Madison was appealed &c
and his opinion asked upon the point, and he gave
il in a letter to Jos. c. Cabell, esq, on the 18th Of
September 1928 TO be found in Niles Register
The distinguished philosopher and statesman, who
took notes Of everything that said and done
during the formation Of the constitution, who took
part in all the discussions in regard TO il, who was
member Of the first Congress under IL, who was
subsequently President of the United States after
arguing the question at length, sums his opinions
10 eight general propositions. He says;
"lt Is simple question under the constitution Of the
United states whether the power to regulas trade wh
enumerated powers embraces the oesst fencoasasing
BY duties restrictions and prohibitions the Manufactures
and products Of the county And the Affirmation
inferred from the follow ing considerations:
~ The meaning OF ths phrase to regulate trade mast
sought IN TN use o. ~ 70 Other words ~ the
lppeaEle when the phrase was Inserted In the eonstu
ton.
nsrcal and manufacturing nations embracing the object
VI encouraging Manufactures Its believed that not ain,
g This had been particularly the ease with Great Brit.
ain, whose commercial vocabulary the Of ours A
primary object other commercial regulations IL we'll known
have been the protection and encouragement Of her
/ uiacturss
.uch understood be the proper the pow.
-T by the States most prepared for industry
whilst retaining the power their foreign trade
IS Such use OF power by Congress accords with the
intention and expectation Of the states In transferring the
trade from themselves 10 the government Of the
United states This was Dramatically the case In the east
tke he
Here he elites the opinions Of several distinguished men
| who aided In the formation Of the constitutional
20 CgHgTsIs has not fAs pOWsT Is aHHihlIsd for ne
action policy without example In other nation, and
within the reason Of the solitary in The
example alluded TO Is the prohibition OF tax EXPORT
which resulted from the apparent impossb OF raising
In that mode from the States proPoroned to the
ability to pay 1.-THE ability OF some being derived IN
great MEASURE their exports hut from their Rshe
es from their fregs and from their at large
states the profits from all Of which being invisible and in
tangible would escape tax or 'TP"ri' tax on iHPortS
on the other hand being tax consumption which II In
proportion the ability Of the consumers whsnceEosyer
derived, was free from that inequality.
- II revenue be the sole object OF legitimate mpoSt
and the Of domestic articles be within
the power regulate trade, would follow that monop
counteaced that neither the staples Of subsistence
the essential implements for the public safety could under
3 % s sS Or S
Of providing for BOTH and that the American navigation
though the Of naval defence OF cheaPening comPe
on in carrying valuable and bulky articles TO market
and Of independent carriage Of them during foreign
when foreign navigation might be Withdrawn must be Of
abandoned speedily destroyed being evident that
tonnage duty in foreign ports against vessels and
exemption OF such duty in ports in favor o foreign
vessels must have the inevitable effect Of banhng
| from the ocean
That the encouragement Of manufactures was OBJ
Jet regulate trade is proved by the made Of that
power for that object In the first session Of the first Con
gresS under the constitution when among the members
present many who had members Of the federal
convention which framed the constitution and of the State
conventions which ratified IT. each OF these classes consist
ing Of members who had opposed and who had espoused
actual 10 does
the printed proceedings Of Congress that occasion that
the power was denied by any OF them And Il may be
that The members from Virginia in particular
we'll oil the antfeieral ths federal partyhe then
distinguishing those who had opposed and those who had
the not hesitate propose duties
AMI to prohibitions In favor Of several articles Of
her production BY one DUTY was rrgs-sS en- mineral
hemp proposed encourage the growth Of that article
and by third prohibition of even foreign beef was sug
geSted measure Of sound policy.-See Lloyds De-
bates."l
| have occupied much more time, Mr.. Chairman,
unon this point of constitutional power than perhaps
| ought for it has been considered settled for years
past but such the responsibility and elevation
Of the places from whence it assalled, that
thought IT my dn'y to make the argument have.
close my remarks this part of the case Ivy say
| ing that, whenever the Secretary Of the Treasury
and gentlemen upon this floor shall successfully
meet and refute the positions of James Madison the
great high priest Of the constitution, it will be time
enough for them to give us young men in Congress
j ePoh Wv ""JSN' ~ 'N' ~''
cations.
] come now, Mr. Chairman, to consider some
general principles upon which the doctrine for which
| contend is based The foundation of the system
Is national independence. It's object Is to give en-
ptoyment strength, and happiness to our own poo
pie, which cannot be effected IN war or peace,
through fraud or design. Americans ought to feel
and to know that they have government, country
and destiny of their own. Ii we would be free, SOW
crcign, and Independent States, in faet-f we would
preserve our Union, we must not depend upon other
nations for our supplies OF manufactured arucles
On the 22d of April, 1916, Mr. Calhoun, in speech
IN this House in opposition to the motion OF Mr.
Randolph to strike out the mnlmums on cotton
goods, very justly remarked:
81" the protective policy produced an interest strictly
as Us .an.h 80 Us Ivy h n' co
try will from this [Amercan feelngl derive much advan
age Again. it is calculated 10 bind together more closely
p@sprtad republic. wn grsany ,aersase on' m"na. as
sca nv s asnon merna
ments"
These are sound statesman-like views, to which
most heartily subscribe. II ia true, their dslin.
guished author does not maintain them now, nor do
. Ia ~ r,rn,o m that do