Chinese policy, and by virtue of our authority to regulate commerce, interdict all intercourse with foreign nations? And if you could not do that directly, can you accomplish the same thing indirectly, by levying such imposts as will produce the same result? It may be difficult to draw the exact line which divides the lawful exercise from the abuse of authority; where regulation ceases, and unconstitutional prohibition begins. But it is certain, if you have a right to prohibit the importation of cottons, and woollens, and cottonbagging, for the encouragement of domestic manufactures, you may, whenever you please, prohibit importations and shut up your ports entirely. An embargo can only be justified as a branch of the war power, and I think no one will contend, at this day, that a general and perpetual embargo could be lawfully laid. If it be sufficient to adhere to the letter without regard to the spirit and intent of the constitution, if we may use a power granted for one purpose, for the accomplishment of another and very different purpose, it is easy to show that a constitution on parchment is worth nothing. Orders of nobility, and a church establishment, might be created even under the power to raise armies. We are informed, that in Russia, military titles alone confer civil rank; and all the departments of the government are filled with generals and colonels, entitled to rank and to pay, without actual command or liability to service. Now suppose we were to follow the example of Russia, and should give rank and pay to a certain number of generals and chaplains, with a total or qualified exemption from service; might we not easily build up orders of nobility and a church establishment? Sir, this government was never established for the purpose of divesting the states of their sovereignty, and I fear it cannot long exist, if the system, of which this bill is the foundation, shall be steadily pursued to the total destruction of foreign commerce, and the ruin of all who are connected with it. Sir, it is my most sober and deliberate opinion, that the Congress of the United States, have no more power to pass laws for the pur

pose of directly or indirectly compelling any portion of the people to engage in manufactures, than they have to abolish trial by jury, or to establish the inquisition. I will invoke gentlemen on the other side, while we yet pause on the brink of this mighty danger, in the name of liberty and the constitution, to examine this question, carefully and candidly; and if they shall search in vain, in our great charter, for power to pass this bill, they must surely suffer it to perish. I must be permitted, while on this topic, to declare, that. however this bill may be modified, still the system is one, against which, we feel ourselves constrained, in behalf of those we represent, to enter our most solemn protest. Considering this scheme of promoting certain employments, at the expense of others, as unequal, oppressive and unjust; viewing prohibition as the means, and the destruction of all foreign commerce, the end of this policy, I take this occasion to declare, that we shall feel ourselves fully justified, in embracing the very first opportunity of repealing all such laws, as may be passed for the promotion of these objects. Whatever interests may grow up under this bill, and whatever capital may be invested, I wish it to be distinctly understood, that we will not hold ourselves bound to maintain the system; and if capitalists will, in the face of our protests, and in defiance of our solemn warnings, invest their fortunes in pursuits, made profitable at our expense, on their own heads be the consequences of their folly. This system is in its very nature progressive. Grant what you may now, the manufacturers will never be satisfied; do what you may for them, the advocates of home industry, will never be content, until every article imported from abroad, which comes into competition with any thing made at home, shall be prohibited; until, in short, foreign commerce shall be entirely cut off. If we go on in our course, the time is at hand, when these seats will be filled by the owners of manufacturing establishments, and do you believe, that when a numerous party here, supported by millions of people without, collected together in vast masses in particular dis

tricts, shall call upon you, with one voice," for a monopoly of the raw material at their own prices,' and shall quote you British authority for their demands, you will dare to refuse? Will you then, seeing your error, retrace your steps? I fear not. If this language be not now held, is there no ground to fear, that men, who have tasted the sweets of your bounties, will soon be found looking to prohibition and monopoly? Examine, sir, the memorial of Samuel Slater and others, of Providence, Rhode Island, presented to the senate at the present session, and printed among our documents; (No. 13.) In page five, of this memorial, we are told, "that a brief view of the policy of the British government, with regard to manufactures, &c." "will indicate the proper measures to be taken by this country, for the security of its own agriculture and manufactures." The memorial, proceeding to explain this policy of the British government, states, that by prohibiting under penalties, which in some instances touch the life of the offender, the exportation of the raw material of these manufactures; thus giving to the manufacturers at home, the monopoly, at their own prices, of those materials, the British parliament, has effectually secured to their own subjects, the whole labor of preparing them for the market. The general policy of the system, looking to the most profitable appropriation of the land and labor of the community, seems intended to restrict the productions of the raw material for manufacture, to the actual demand, and in some instances, to less than the actual demand of the manufacturer." Again. "But the monopoly, at their own prices, of the raw material, &c. and the exclusion from the home and colonial markets, of all goods of foreign manufacture, are not the only encouragements extended by the British government to the domestic manufacturer; the system receives a new impulse from drawbacks, bounties," &c. As a proof of the effect of this system, it is stated in page nine, "that the quantities of wool composing the raw material, are bought by the manufacturer at from 6d to 9d sterling the pound,

and would, if they could be exported free of duty to this country, command from twenty-two to thirty-five cents the pound." Sir, I cannot suppose, that these memorialists, (who are very respectable men,) intended to hold up these monstrous regulations for our imitation, but that they should have been noticed in any language, except that of strong indignation and just reprobation, fills my bosom with serious alarm.

[Mr. Hayne here gave a sketch of the history of one of the memorialists, who commenced the business of manufacturing about thirty years ago, without capital, and had amassed an immense fortune in the business.]

Will the gentlemen, after this, tell us that the cotton manufactures were brought into existence by the act of 1816, and must have perished, without the aid of that act; or will they venture to assert, that skill and prudence, aided by adequate capital, cannot now render profitable a pursuit which has, for thirty years past, handsomely rewarded the labors of this worthy man. One such case speaks more than volumes.

This bill, Mr. President, should it pass in its present shape, will be inevitably fatal to the manufacturers themselves. It will produce a reaction in the public mind, and they will be swept away before the indignation of the people, like chaff before the wind. But this is not all; the idea of a bounty-the very name of protection will invite adventurers from all quarters, to engage in manufactures, and the business will be grossly and enormously overdone. Sir, I am not unfriendly to manufactures; I shall rejoice to see them rise up gradually, growing with the growth, and strengthening with the strength of the country. But I wish them to spring up naturally, to arise out of a state of things favorable to their progress, and not to be brought into premature existence by a stimulating process. I do, on my conscience, believe, that without any law on the subject, manufactures are advancing and will continue to advance as rapidly as the interests of the country require. It must be remembered that we possess only a limited quantity of capi

tal and skill, and to advance beyond these will expose us to the danger of introducing ignorance and extravagance into pursuits, the success of which depends on the utmost skill, prudence and industry. I have taken, Mr. President, some pains to obtain correct information as to the present state and future prospects of our manufactures, and I most deeply regret, that gentlemen, who tell us of their languishing condition, had not examined, as I have done, twenty or thirty manufacturing establishments, and beheld the evidences of their prosperity. If the gentlemen had ascertained that some establishments had yielded a clear annual profit of twenty per cent. to their proprietors; that the stock of manufacturing companies is, in some places, fifty or sixty per cent. above par; if they had known that manufactures are advancing with a rapidity unexampled in the history of the world, and that in a single state, manufacturing companies, with a capital of five millions of dollars, were last year incorporated, I must believe they would hesitate in adopting a measure founded on the presumption that our establishments are all falling into decay." Sir, I may be deceived, but I am thoroughly convinced, that the cotton manufacture is the most flourishing branch of industry in the whole country, and though the woollen, iron and glass have not been equally prosperous, still that they now afford reasonable profits, when conducted with skill, prudence, economy and adequate capital. And it is surely absurd to suppose, that where these are wanting, any bounties can make such pursuits profitable. Sir, I have not, on this subject, relied exclusively on my own judgment or observation; but I have sought information from the best sources, and beg leave now to submit to the senate a few facts and statements in support of the opinion I have ventured to express, and for the correctness of some of which, I appeal to my honorable friend from Massachusetts, (Mr. Lloyd.)

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[The statements submitted by Mr. Hayne had reference to the flourishing condition of our cotton manu