SENATE.]

Modification of the Tariff-Compromise Bill.

[FEBRUARY, 1833.

to be quieted; and, leading to which object, any | liberation, the fruit of nine months' labor-bemeasure ought to be well received.

propos

fore we know any thing of its experimental In presenting the modification of the tariff effects, and even before it commences its operalaws which I am now about to submit, I have tions, we are required to repeal it. On one two great objects in view. My first object looks side we are urged to repeal a system which is to the tariff. I am compelled to express the fraught with ruin; on the other side, the check opinion, formed after the most deliberate reflec- now imposed on enterprise, and the state of tion, and on a full survey of the whole country, alarm in which the public mind has been that, whether rightfully or wrongfully, the thrown, render all prudent men desirous, looktariff stands in imminent danger. If it should ing ahead a little way, to adopt a state of even be preserved during this session, it must things, on the stability of which they may have fall at the next session. By what circumstances, reason to count. Such is the state of feeling on and through what causes, has arisen the ne- the one side and on the other. I am anxious to cessity for this change in the policy of our find out some principle of mutual accommodacountry, I will not pretend now to elucidate. tion, to satisfy, as far as practicable, both parties; Others there are who may differ from the im- to increase the stability of our legislation; and pressions which my mind has received upon at some distant day, but not too distant, when this point. Owing, however, to a variety of we take into view the magnitude of the interests concurrent causes, the tariff, as it now exists, is which are involved, to bring down the rate of in imminent danger; and if the system can be duties to that revenue standard for which our preserved beyond the next session, it must be opponents have so long contended. The basis by some means not now within the reach of on which I wish to found this modification, is human sagacity. The fall of that policy, sir, one of time; and the several parts of the bill to would be productive of consequences calami- which I am about to call the attention of the tous indeed. When I look to the variety of in- Senate, are founded on this basis. I propose to terests which are involved, to the number of give protection to our manufactured articles, individuals interested, the amount of capital adequate protection, for a length of time, which, invested, the value of the buildings erected, and compared with the length of human life, is very the whole arrangement of the business for the long, but which is short in proportion to the prosecution of the various branches of the legitimate discretion of every wise and parental manufacturing art which have sprung up under system of government; securing the stability the fostering care of this Government, I cannot of legislation, and allowing time for a gradual contemplate any evil equal to the sudden over-reduction on one side, and on the other throw of all those interests. History can ing to reduce the rate of duties to that revenue produce no parallel to the extent of the standard for which the opponents of the system mischief which would be produced by such have so long contended. I will now proceed to a disaster. The repeal of the edict of Nantes lay the provisions of this bill before the Senate, itself was nothing in comparison with it. That with a view to draw their attention to the true condemned to exile and brought to ruin a great character of the bill. number of persons. The most respectable portion of the population of France were condemned to exile and ruin by that measure. But in my opinion, sir, the sudden repeal of the tariff policy would bring ruin and destruction on the whole people of this country. There is no evil, in my opinion, equal to the consequences which would result from such a catastrophe. What, sir, are the complaints which unhappily divide the people of this great country? On the one hand, it is said by those who are opposed to the tariff, that it unjustly taxes a portion of the people, and paralyzes their industry; that it is to be a perpetual operation; that there is to be no end to the system, which, right or wrong, is to be urged to their inevitable ruin. And what is the just complaint, on the other hand, of those who support the tariff? It is, that the policy of the Government is vacillating and uncertain, and that there is no stability in our legislation. Before one set of books are fairly opened, it becomes necessary to close them, and to open a new set. Before a law can be tested by experiment, another is passed. Before the present law has gone into operation, before it is yet nine months old, passed as it was under circumstances of extraordinary de

Mr. C. then proceeded to read the first section of the bill. According to this section, he said, it would be perceived that it was proposed to come down to the revenue standard at the end of little more than nine years and a half, giving a protection to our own manufactures, which he hoped would be adequate, during the intermediate time. Mr. C. recapitulated the provisions of the sections, and showed by various illustrations, how they would operate.

Mr. C. then proceeded to read the comment at great length upon the second section of the bill. It would be recollected, he said, that at the last session of Congress, with a view to make a concession to the Southern section of the country, low priced woollens, (those supposed to enter into the consumption of slaves and the poorer classes of persons,) were taken out of the general class of duties on woollens, and the duty of them reduced to five per cent. It would be also recollected that at that time the gentlemen from the South had said that this concession was of no consequence, and they did not care for it; and he believed that they did not now consider it of any greater importance. As, therefore, it had failed of the purpose for which it was taken out of the common class, he

FEBRUARY, 1833.]

Modification of the Tariff-Compromise Bill.

thought it ought to be brought back again, and | placed by the side of other descriptions of woollens, and made subject to the same reduction of duty as proposed by this section.

Having next read through the third section of the bill, Mr. C. said, that, after the expiration of a term of years, this section laid down a rule by which the duties were to be reduced to the revenue standard which had been so long and so earnestly contended for. Until otherwise directed, and in default of provision being made for the wants of the Government in 1842, a rule was thus provided for the rate of duties thereafter: Congress being, in the mean time, authorized to adopt any other rule which the exigencies of the country or its financial condition might require. That is to say, if, instead of the duty of 20 per cent. proposed, 15 or 17 per cent. of duty was sufficient, or 25 per cent. should be found necessary, to produce a revenue to defray the expenses of an economical administration of the Government, there was nothing to prevent either of those rates, or any other, from being fixed upon; whilst the rate of 20 per cent. was introduced to guard against any failure on the part of Congress to make the requisite provision in due season.

This section of the bill, Mr. C. said, contained also another clause, suggested by that spirit of harmony and conciliation which he prayed might preside over the councils of the Union at this trying moment. It provided (what those persons who are engaged in manufactures have so long anxiously required for their security) that duties shall be paid in ready money; and we shall thus get rid of the whole of that credit system into which an inroad was made in regard to woollens, by the act of the last session. This section further contained a proviso, that nothing in any part of this act should be construed to interfere with the freest exercise of the power of Congress to lay any amount of duties, in the event of war breaking out between this country and any foreign Power.

[SENATE.

and the gradual reduction of duties shall take place which is contemplated by the first section of this bill, we shall have settled two (if not three) of the great questions which have agitated this country-that of the tariff, of the public lands, and, I will add, of internal improvement also. For, if there should still be a surplus revenue, that surplus might be applied, until the year 1842, to the completion of the works of internal improvement already commenced; and, after 1842, a reliance for all funds for purposes of internal improvement should be placed upon the operation of the land bill, to which he had already referred.

It was not his object, Mr. C. said, in referring to that measure in connection with that which he was about to propose, to consider them as united in their fate, being desirous, partial as he might be to both, that each should stand or fall upon its own intrinsic merits. If this section of the bill, adding to the number of free articles, should become law, along with the reduction of duties proposed by the first section of the bill, it was by no means sure that we should have any surplus revenue at all. He had been astonished, indeed, at the process of reasoning by which the Secretary of the Treasury had arrived at the conclusion that we should have a surplus revenue at all, though he admitted that such a conclusion could be arrived at in no other way. But what was this process? Duties of a certain rate now exist; the amount which they produce is known; the Secretary, proposing a reduction of the rate of duty, supposes that the duties will be reduced in proportion to the amount of the reduction of the duty. Now, Mr. C. said, no calculation could be more uncertain than that. Mr. C. would now take a view of some of the objections which would be made to the bill. It might be said that the act was prospective; that it bound our successors; and that we had no power thus to bind them. It was true that the act was prospective, and so was almost every act which we ever passed; but we could repeal Mr. C. having then read the fourth section of it the next day. It was the established usage the bill, said that one of the considerations to give all acts a prospective operation. In strongly urged for a reduction of the tariff at every tariff law there were some provisions this time was, that the Government was likely which go into operation immediately, and others to be placed in a dilemma by having an over- at a future time. Each Congress legislated acflowing revenue; and this apprehension was cording to their own views of propriety; their the ground of an attempt totally to change the acts did not bind their successors, but created a protective policy of the country. The section species of public faith which would not rashly which he had read, Mr. C. said, was an effort be broken. But, if this bill should go into opto guard against this evil, by relieving alto-eration, as he hoped, even against hope, that it gether from duty a portion of the articles of import now subject to it. Some of these, he said, would, under the present rate of duty upon them, produce a considerable revenue; the article of silks alone would probably yield half a million of dollars per annum. If it were possible to pacify present dissensions, and let things take their course, he believed that no difficulty need be apprehended. If, said he, the bill which this body passed at the last session of Congress, and has again passed at this session, shall pass the other House, and become a law,

might, he had not a doubt that it would be adhered to by all parties. There was but one contingency which would render a change necessary, and that was the intervention of a war, which was provided for in the bill. The hands of Congress were left untied in this event, and they would be at liberty to resort to any mode of taxation which they might propose. But, if we suppose peace to continue, there would be no motive for disturbing the arrangement, but, on the contrary, every motive to carry it into effect. In the next place, it will be objected to

SENATE.]

Modification of the Tariff-Compromise Bill.

[FEBRUARY, 1833. Mr. FORSYTH presumed, he said, that the mo tion for leave, in its present stage, was a subject of discussion; if so, he begged leave to say a word or two in opposition to it. He opposed the introduction of the bill as a revenue measure, and upon it demanded the yeas and nays, which were ordered.

Mr. HOLMES confessed that this was the first time but one that he ever heard an objection made to a motion of leave. Common courtesy required that any Senator should have leave to introduce any bill he pleased. He did not know whether he should like the principles of this bill, but he would like to have it on the table, and see whether he would approve of it.

Mr. FORSYTH replied, that if the Senator from Kentucky had not explained the provisions of the bill, and shown them to be unconstitutional, he should have no objections to its introduction.

Mr. POINDEXTER returned his hearty thanks to the Senator from Kentucky for introducing this bill, and he hoped he would have leave.

the bill, by the friends of the protective policy, (of whom he held himself to be one, for his mind was immutably fixed in favor of that policy,) that it abandoned the power of protection. But, he contended, in the first place, that a suspension of the exercise of the power was not an abandonment of it; for the power was in the constitution according to our theory; was put there by its framers, and could only be dislodged by the people. After the year 1842, the bill provided that the power should be exercised in a certain mode. There were four modes by which the industry of the country could be protected: First, the absolute prohibition of rival foreign articles. That was totally unattempted by the bill; but it was competent to the wisdom of the Government to exert the power whenever they wished. Second, the imposition of duties in such a manner as to have no reference to any object but revenue. When we had a large public debt, in 1816, the duties yielded thirty-seven millions, and paid so much more of the public debt; and subsequently, they Mr. CALHOUN would make but one or two yielded but eight or ten millions, and paid so observations. Entirely approving of the object much less of the debt. Sometimes we had for which this bill was introduced, he should to trench on the sinking fund. Now, we give his vote in favor of the motion for leave had no public debt to absorb the surplus rev- to introduce it. He who loves the Union must enue, and no motive for continuing the duties. desire to see this agitating question brought to No man can look at the condition of the country, a termination. Until it should be terminated, and say that we can carry on this system, with we could not expect the restoration of peace or accumulating revenue, and no practicable way harmony, or a sound condition of things, of expending it. The third mode was attempted throughout the country. He believed that to last session, in a resolution which he had the the unhappy divisions which had kept the honor to submit last year, and which, in fact, Northern and Southern States apart from each ultimately formed the basis of the act which other, the present entirely degraded condition finally passed both Houses. This was to raise of the country (for entirely degraded he believed as much revenue as was wanted for the use of it to be) was solely attributable. The general the Government, and no more; but to raise it principles of this bill received his approbation. from the protected, and not from the unpro- He believed that if the present difficulties were tected articles. He would say, that he regret- to be adjusted, they must be adjusted on the ted, most deeply, that the greater part of the principles embraced in the bill, of fixing ad country would not suffer this principle to prevail. valorem duties, except in the few cases in the It ought to prevail; and the day, in his opinion, bill to which specific duties were assigned. He would come, when it would be adopted as the said that it had been his fate to occupy a posipermanent policy of the country. Shall we tion as hostile as any one could, in reference to legislate for our own wants, or those of a foreign the protecting policy; but if it depended on country? To protect our own interests, in op- his will, he would not give his vote for the position to foreign legislation, was the basis of prostration of the manufacturing interest. A this system. The fourth mode in which pro- very large capital had been invested in manutection could be afforded to domestic industry facturers, which had been of great service to was, to admit, free of duty, every article which the country; and he would never give his aided the operations of the manufacturers. vote to suddenly withdraw all those duties These were the four modes for protecting our by which that capital was sustained in the industry; and to those who say that the bill channel into which it had been directed. But abandons the power of protection, he would re- he would only vote for the ad valorem system ply, that it did not touch that power; and that of duties, which he deemed the most beneficial the fourth mode, so far from being abandoned, and the most equitable. At this time, he did is extended and upheld by the bill. The most not rise to go into a consideration of any of the that can be objected to the bill by those with details of this bill, as such a course would be prewhom he had co-operated to support the pro- mature, and contrary to the practice of the tective system was, that, in consideration of nine Senate. There were some of the provisions and a half years of peace, certainty, and stabili-which had his entire approbation, and there ty, the manufacturers relinquished some advantages which they now enjoyed. Mr. C. concluded with asking leave to introduce his bill.

were some to which he objected. But he looked upon these minor points of difference as points in the settlement of which no difficulty would occur, when gentlemen met together in that

Revenue Collection Bill-Tariff Resolutions.

spirit of mutual compromise which, he doubted | FORSYTH to strike out the 3d section of the not, would be brought into their deliberations, billwithout at all yielding the constitutional question as to the right of protection.

Mr. WEBSTER said, that as, by its title, the bill appeared to be merely a bill to modify the existing revenue laws, it could hardly be rejected as a bill for raising revenue, which ought to originate in the other House, since there are many particulars in which all the existing revenue law's might be modified, without rais-suance of the notice which he had given yestering more or less revenue. As the bill has not been read, (said Mr. W.,) we seem to know no more of it, regularly, than its title purports. That title describes a bill, which may constitutionally originate in the Senate: I shall, therefore, vote for the leave.

SENATE.]

Revenue Collection Bill-Nullification.

States have deprived the State Governments of all power of fostering manufactures, however indispensable in peace or in war, or however important to national independence, by commercial regulations, or by laying duties on imports, and have transferred the whole authority to make such regulations, and to lay such duties, to the Congress of the United States, Congress cannot surrender or abandon such power, compatibly with its constitutional duty, and therefore,

Resolved, That no law ought to be passed on the subject of imposts, containing any stipulation, express or implied, or giving any pledge or assurance, direct or indirect, which shall tend to restrain Congress from the full exercise, at all times hereafter, of all its constitutional powers, in giving reasonable protection to American industry, countervailing the policy of foreign nations, and maintaining the substantial independence of the United States.

[FEBRUARY, 1833. given for President and Vice President, and were waiting to receive the Senate.

Mr. GRUNDY moved that the Senate proceed to the House of Representatives, for the purpose of performing the duties referred to in the message; which motion having been agreed to,

The Senate, preceded by the President, pro tempore, attended the hall of the House of Representatives; and, after having performed the duties which called them there, returned, at twenty minutes past two o'clock, to their seats in the Senate; when

Mr. GRUNDY offered the following resolution, which was considered and adopted:

Resolved, That a committee of one member of the Senate be appointed, to join a committee of two members of the House of Representatives, to be appointed by the House, to wait on ANDREW

On motion of Mr. DALLAS, the resolutions JACKSON, of Tennessee, and to notify him that he were ordered to be printed.

Tariff Bill.'

The bill to modify the act of the 14th of July, 1832, and all other acts imposing duties on imports, was read a second time.

has been duly elected President of the United States for four years, commencing on the fourth day of March next; and also, to notify MARTIN VAN BUREN, of New York, that he has been duly elected Vice President of the United States for four years, commencing on the fourth day of March

Mr. DICKERSON moved to refer the bill to the next. Committee on Manufactures.

Mr. GRUNDY said he would move the reference to a select committee of seven, and expressed his hope that the Senator from Kentucky [Mr. CLAY] would be placed at the head of that committee.

Revenue Collection Bill-Nullification.

Mr. MOORE said, he rose to make a few remarks on the bill. He rose with no hypocritical pretence of an extraordinary attachment to Mr. CLAY expressed indifference as to the the Union. As members of this body, said he, committee to which the bill should be referred. we have all sworn to support the constitution, He would be willing to send it to the Cominit- and I concede to each as earnest a desire to tee on Manufactures, with whom, he took pleas-fulfil this duty as I know that I myself feel. ure in saying, he had always acted harmoniously, and for the members of which he felt so much personal respect; yet, for the reasons which had been urged by the gentleman from Tennessee, he considered that it would be most expedient to send the subject to the committee for which that gentleman had moved. This did not seem to be a measure for the benefit of any exclusive interest, but for the promotion of the general harmony. He concluded with seconding the motion for a select committee.

Mr. CALHOUN expressed his gratification that the gentleman from Tennessee had made the motion, and that the gentleman from Kentucky had acquiesced in it. The subject belonged to no existing committee whatever. It was a project for restoring peace and harmony to the country; and he hoped that the motion for a select committee would prevail.

The motion to refer the bill to the Committee on Manufactures, was decided by yeas 12, nays 26.

WEDNESDAY, February 13.

Presidential Election-Counting the Votes.
A message was received from the House of
Representatives, stating that the House was
ready to proceed to the counting of the votes

I, sir, am proud to be an American citizen; I am proud to be a citizen of the State of Alabama; I am proud of the honor of a seat in this Senate. But much as I prize this name, and proud as I am of the honor assigned to me by the partiality and indulgence of my fellowcitizens, I should be false to them, to their interests, and to myself, if I could permit this bill to become a law without having done all in my power to prevent it.

Much has been said about the course which South Carolina has adopted. I do not feel called upon to defend either her principles or her action; that task will be performed by those to whom she has assigned that duty.

In my opinion this bill presents another issue, which involves directly the rights, the interests, and the liberty of my constituents. It proposes to clothe the President of the United States with dictatorial and discretionary powers. It does more; it proposes to place the issue of civil war upon the discretion of a captain of a revenue cutter, the caprice of a young lieutenant fresh from school, or the folly of a tidewaiter.

It makes the President of the United States a national dictator, and converts the agents who may be intrusted with the execution of his supreme discretion into petty chieftains, who are