SUPPLEMENTARY TO NO. 20-VOLUME VII-NEW SERIES. THE PAST-THE PRESENT FOR THE FUTURE. EDITED AND PUBLISHED BY H. MILES, AT §5 PER ANNUM, PAYABLE IN ADVANCE, Prices of Bank Notes. No. 1 is a statement of the expendi. Some changes have taken place since our last re- Vermont-banks of Windsor and Burlington, 2 dis. New-York-city banks, par; country notes, generally good, several New-Jersey-nearly all as par; the rest at 1 1-2 to 2, dis. District of Columbia-All the banks of Washington, Georgetown Georgia-ditto, 1 - dis.; Augusta Bridge company, 40 to 45. New banks, no sales. Ohio-Chillicothe, Lancaster, Marietta, Belmont, Mount Pleasant, sales. Louisiana-banks at New Orleans, generally, at from 1 to 2 dia, Indian Department. Extracts from a detailed report submitted to the senate, in obedience to a resolution of 3d April, 1820. TREASURY NEPARTMENT, Register's office, 4th December, 1820. made at the treasury, under the 380,103 1,458,601 37. No. 3 is a statement of the payments The total amount being 540,673 14 $5,921,181 63 The application thereof, as far as the preserved 2. Pay and expenses of commission- 3. Pay of agents, factors, clerks, su in goods 1,969,485 58 .. 547,690 98 356,232 43 192,251 92 904,098 36 1,233,850 00 74,497 36 290,000 00 5,768,106 63 153,075 00 $5,921,181 63 Sin: Agreeably to your instructions for the pur.Amounting to pose of furnishing documents in relation to the ex- I beg leave also to refer to statement No. 6, ex. penditures in the Indian department, I have the hibiting the receipts and expenditures of moneys honor to transmit the following statements, in rela in the traile carried on with the Indians, under the tion to the appropriations by law, and the payments direction of the superintendents, appointed under of moneys from the treasury, and their subsequent the acts for establishing trading houses with the application: Indian tribes, Mr. Rich's Speech On offering his resolutions in the house of representa tives of the United States,-see page 311. Įsideration still more important will suggest itself, to wit: whether the encouragement shall be indirectly afforded, by a modification of the tarifi, leaving the citizens to "feel their way," advanc Mr. Rich, of Vermont, rose to offer the resoluing with hesitancy, if at all, watching "the signs tions of which he gave notice some days before; and, of the times" and the countervailing policy of other in doing so, expressed himself as follows: countries; or whether the more direct course shall be pursued. I rise, sir, to submit the proposition of which I gave notice a few days since; a notice from which On this question, I may very possibly have come i will have been perceived that I propose an en- to an erroneous conclusion; but unless I am altoge. quiry into the propriety of prohibiting, prospec. ther mistaken, the direct course is by far the most tively, the importation of sundry commodities, the eligible; as it will be secure against a defeat by product of the skill and industry of other coun- foreign regulations, and some the effects of which tries, and which are at present allowed, to the can be estimated with much the greatest certainty prejudice of a free and vigorous employment of and will hence prove a powerful incentive to enterthe skill and capital of our own citizens. Hence prize and industry, which cannot be called into it will have been understood, that a decision of full and vigorous activity except by the influence congress is solicited by at least one of its mem. of strong motives. But, should the indirect course bers, on the propriety of fixing upon some future be taken, neither the agriculturist, the manufacperiod, beyond which, and in regard to the pro- turer, the merchant, or the financier, can calculate posed articles, the American manufacturer shall for the future with such certainty as will inspire the enjoy the benefit of the markets of his country, requisite confidence to ensure success. uninterrupted by foreign competitors, who owe no allegiance to that country, and who will neither fight its battles nor contribute to the support of its institutions. However much we may have been benefited by obtaining the manufactures of Europe in exchange for our agricultural products, during a long succes sion of years, while the markets of the world have Sir, I submit the proposition in the most con- been open to them, and at prices unexampled in fident belief that, should the proposed measure be the annals of commerce; and whatever advantages adopted, our establishments will have reached such we may have derived from the operations and ema state of maturity by the time the prohibitions ployments incident to such exchanges, I feel no shall have taken effect, that exortant prices for do- hesitation in pronouncing an opinion that a period mestic fabrics cannot be maintained if attempted; has arrived when but a single alternative is left that the merchant will find the partial loss in his to our choice, viz. either to retire voluntarily from hazardous foreign trade counterbalanced by an a portion of our former pursuits, while our dis increased coasting and inland trade less hazardous: posable means are worth preserving, and while the that the agriculturist will find a progressively in. industry and enterprize of the country shall yet creasing and steady demand for his products: that possess vigor and animation, (already very much the manufacturer, sure of the future markets of impaired,) or be driven from them, at no remote his country, will be zealously employed in his pre- period, by the force of necessity, with our means parations to supply them, and, for his skill and exhausted, and the spirits of the country depressed capital thus employed, will realize a reasonable by a contemplation of the unfortunate contrast beand fair return; that the foreign manufacturer, tween our then condition and that from which we deprived of our custom in his own country will shall but recently have fallen. And, sir, when we seek for it in the employment of his skill and ca-contemplate that the happiness and prosperity of · pital in this: that a system of revenue which shall the people are undeniably the effects of a judicious have been adapted to the change of circumstances and wise administration of the government, and will be more certain and productive than that that by an injudicious administration directly the which depends entirely on imports: and that, opposite effects will be produced; and when we finally, the great interests of the country will have also consider that our institutions, which are the been so arranged and adjusted that whether we pride of freemen throughout the world, have no shall in future be met with orders in council, other support, and can have other, than the affec French decrees, embargoes, or war, neither our en- tions of the people for whom they were ordained terprize, prosperity, or happiness, can be materially and established, are we not called upon to eminterrupted. ploy our best efforts to prevent such a state of Sensible, as I am, that the policy of the proposed despondency as may extinguish all feelings for measure will be doubted by some, and unhesitat- the government but those of cold indifference?ingly pronounced unwise by others, I have not And is there not some danger that, should we obtruded myself upon the indulgence of the house, continue to shape our measures to the maxim of without reflection, nor without the most thorough conviction on my own mind that the adoption of a measure of the character of the one proposed, would greatly promote the best interest of the country. "letting things alone," and that, too, while other nations are pressing upon us with their corn laws, and their other prohibitions and restrictions in one hand, and their bounties and premiums in the other, a state of public feeling may be produced which shall cause the philanthropists universally. to weep for the danger to which our institutions shall be exposed? It having been my purpose to obtain the sense of the house apon the principle, rather than attempt the most unexceptionable details, it will certainly deserve consideration (should the main object be It is universally admitted, so far as my informaapproved) whether the proposed prohibitions have tion extends, that, be the acts of the government been too far extended, or have fallen short of their what they may, the period will some day arrive, proper limits. And, should it be the will of con- when this country will cease to look to Europe gress to adopt any measures with a view to the or elsewhere for its most needful manufactures; encouragement of domestic manufactures, and with and the great difference of opinion which manifests them the general industry of the country, a con-litself, is, whether the government should, by its measures, accelerate the arrival of that period, or, have taken effect. And to secure a future, certains whether it should not rather "let things alone" and augmented revenue, I would levy an excise and leave to chance or the force of necessity, the duty upon the domestic articles which should be accomplishment of that great national object. Were substituted for those the importation of which shall we a nation having no intercourse with the rest be prohibited: The excise to take effect simultaneof the world, it would certainly be my policy to ously with the prohibtions. "let things alone,” and I would now do so, with I am not insensible, sir, that, should a majority regard to the internal application of the skill and of the house concur with me in opinion that the industry of the citizens. But, while I would do importation of some articles may, after a given this, I would endeavor that they should also be period, be prohibited, with benefit to the country, "let alone," by the people and governments of there must naturally be a great diversity of sentiother countries. Nothing to me appears more ment as to the articles and the times at which the unwise, than for us to imagine that the great in- prohibition in relation to each should take effect. terests of this country can be permanently pro- Still I may be permitted to hope, that such diversity moted by a course of measures which shall have may not entirely defeat the proposition: that so been adopted without any regard to the condition far as gentlemen shall only doubt of the policy of or policy of other countries. And gentlemen will the measure, (if there be any such,) they will permit me to enquire, how long, in their opinion, permit the experiment to be made, if but to a very the "star-spangled banner" would waft triumphantly limited extent; and that, in regard to the selection upon the mighty deep, should the government “let it of articles on which to make the experiment, a alone?" spirit of conciliation will be manifested, without which it is in vain that we attempt to legislate for the benefit of a country so extensive as that for which we have the honor to act. I have no desire, sir, to see manufactures forced into existence by the acts of the government or otherwise; but I desire, most sincerely, to see such 'measures adopted as shall gently invite our na- Admitting the prohibitory system to be proper, tional resources to be forth coming in the form of under any circumstances of the country, and, at manufactures, to the full extent of the real wants any possible period of time, much, in my judg of the country; and, consequently, sufficient to ment, would be gained, if the period, although... place us beyond the reach of those pressures to far remote, should now be rendered certain, as to which, otherwise, we must always be exposed, on some few articles at least. For, in that case, the the occurrence of war, or other interruptions of application of the skill and capital which should commerce-which shall give such vigorous activity incline in favor of the manufacture of such articles, to our national enterprize and industry, as shall of itself make an American citizen proud of his country; and form the basis of new and lasting attachments to our institutions; and which, finally, will afford some protection against that kind of foreign influence which, through the magic of fashion, puts all the tailors, milliners, and mantua makers in requisition, on the arrival of a ship from Europe or the Indies; an influence, the suppression of which, would form a new and honorable trait in our character, and diffuse a proud national feeling throughout the community. I apprehend it will be universally conceded, that a prohibition on the import of distilled spirits and malt liquors, would grealty promote the agricuitural, and subserve the general interests of the country; and that no essential interests would materially suffer, should such prohibition be made to take effect at an early period. might be diverted with a good degree of certainty as to the results, and an experiment would thus be made, the effects of which would be sufficiently tangible to be judged of, and of great utility in the future legislation of the country. Sir, I have felt that it was due to the house and myself, that I should accompany the proposition with the explanations I have given of my views upon the subject; and, without consuming further time, I will send it to the chair, and leave it to be disposed of as the better judgment of the house. shall direct. Report on the Old Sedition Law. IN THE SENATE-DECEMBER 5, 1820. Mr. Barbour, from the committee to whom was re-. ferred the petition of Mutthew Lyon submitted the following report: While, then, I would propose that a prohibition The claim of the petitioner to redress rests on should not take effect upon manufactured articles, the facts, that he was convicted under the law till time shall have been allowed to bring our commonly called the sedition act, and suffered in.. establishments to a suitable degree of maturity, his body by a long and loathsome confinement in and enable the great interests of the country to jail, and in his estate by the payment of a large accommodate themselves to the change, and the fine. He asserts that the law under which he suf government to organize its finances, I would exfered was unconstitutional, and proceeds to infer clude spirits and malt liquor, at the termination that when a citizen has been injured by an unof a period barely sufficient to give effect to a sys- constitutional stretch of power he is entitled to tem that should bring into the treasury, from do. indemnity. mestic liquors, a revenue equal at least to what is now derived from foreign. And, in the mean time, instead of a general modification of the tariff, as suggested at the last session, I would propose an increase of duties upon such articles, only as should Under this solemn impression, a majority of the be prospectively prohibited; and in regard to such, committee, after the severest investigation, have would abolish the custom-bouse credits, partly decided, that the petitioner is entitled to relief. with a view to an augmentation of revenue, and They owe it to themselves and to the occasion to strengthen the invitation to our internal resour- to present succinctly to the senate some of the ces to be forthcoming, and partly to check unrea-prominent reasons which have produced this desonable investments in foreign commodities, with termination. The first question that naturally a view to monopoly, after the prohibition shall presents itself in the investigation is, was the law Although this be the case of an individual, its correct decision involves general principles, so highly important as to claim a profound consideration. And The committee are aware, that, in opposition to this view of the subject, the decision of some of the judges of the supreme court, sustaining the constitutionality of the law, has been frequently referred to, as sovereign and conclusive of the question. The committee entertain a high respect for the purity and intelligence of the judiciary. But it is a national respect, limited by a knowledge of the frailty of human nature, and the theory of the constitution, which declares not only that judges nay err in opinion, but also may commit crimes, and hence has provided a tribunal for the trial of offenders. In times of violent party excitement, agitating a whole nation, to expect that judges will be eittirely exempt from its influence, arguea a profound ignorance of mankind. Although clothed with the ermine, they are still men, and carry into the judgment seat the passions and motives com Constitutional? The committee have no hesitation surround liberty with new ramparts. That having in pronouncing, in their opinion it was not. They been omitted by our predecessors, in the instance think it is not necessary at this day to enter into of the sedition act, the task devolves on us. an elaborate disquisition to sustain the correct-although it has been long delayed, the regret arising ness of this opinion. They will content them-therefrom is, in some degree, lessened by the reflec selves by referring to the history of the times in tion that the decision now to be pronounced, wh.ca which the law originated, when both its constitu- the angry passions of party have subsided, will be tionality and expediency underwent the strictest dictated by an exclusive regard to the intrinsic scrutiny. The opponents of the law challenged merits of the question, and the interesting con its advocates to point out the clanse of the con- sideration it involves. stitution which had armed the government with so formidable a power as the control of, or interference with, the press. A government, said they, of limited powers, and authorised to execute such only as are expressly given by the constitution, or such as are properly incident to an express power, and necessary to its execution, has exercis. ed an authority over a most important subject, which, so far from having been delegated, has been expressly withheld. That the patriots contemporary with the adoption of the constitution, not content with the universally received opinion, that all power not granted had been withheld, to obviate all doubt on a point of such moment, insisted that an amendment to that effect should be inserted in the constitution; and still jesious of that propensity, incident to all governments, no matter what may be the form of its organization, or by whom administered, to enlarge the sphere of its authority, they, by express provision, guard ed from violation some of the cardinal principles on to their kind. Their decisions, on party quesof liberty: among these, as most important, they tions, reflect their individual feelings, which freplaced the liberty of conscience and of the press. quently betray them unconsciously into error. To Profoundly versed in the history of human affairs, balance the judgment of a whole people, by that whose every page made known that all govern- of two or three men, no matter what may be their ments had seized on the altar and the press, and official elevation, is to exalt the creature of the prostituted them into the most formidable engines constitution above its creator, and to assail the against the liberty of mankind, they resolved, and foundation of our political fabric, which, is that most wisely 80, as the sequel has evinced, to sur-the decision of the people is infallible, from which round these great, natural, and unalienable rights their is no appeal, but to Heaven. by impassable barriers: and, to that end, have ex- Taking it, therefore, as granted, that the law pressly declared that congress should have no pow- was unconstitutional, we are led to the next queser to legislate on them; and, notwithstanding these tion, growing out of the enquiry. Is the petitioner great obstacles, you have passed this act. The entitled to relief? This question, as a general one, advocates of the law vainly endeavored to defend is not susceptible of that precise answer, which themselves by a technical discrimination between might establish a uniform rule, applying equally the liberty and licentiousness of the press. The to all times, and to all occasions. On the conAmerican people, by overwhelming majorities, ap-trary, it must be decided by the peculiar circumproaching, indeed, unanimity, denounced the law stances of every case to which its application is as a palpable and an alarming infraction of the con- attempted. stitution: and, although no official record of that decision can be produced, it is as notorious as a change of their public servants, which took place at that time, and to which this obnoxious measure so essentially contributed. The committee, for instance, would themselves decide, that relief was impracticable, where, from a long course of tyranny, attended with a rapacity far and wide, society had become so impoverished that the attempt to relieve might blight every The committee cannot withhold an expression prospect of future prosperity. Nor could they of regrets that, upon the restoration of sound prin-advocate relief where the authority exercised ad ciples, the congress of the times should have mitted of a rational doubt as to its constitutionality. oinitted to leave some memorial on their records, upon powers not expressly inhibited, nor in cases of their disapprobation of this unjustifiable as- perhaps where the amount of the injuries com. sumption of power, and none would have been plained of could not be ascertained with a reasonmore satisfactory than an ample indemnity to those able precision. None of these difficulties, howe who had suffered by its operation. In the fluctuat-ever, present themselves in this case. The isw ing conflicts between power and liberty, which under which the petitioner suffered, as has been exist every where, in a greater or lesser degree, previously asserted, and attempted to be shown, where any portion of liberty is to be found, it is was palpably unconstitutional, as being directly in believed, by the committee, to be a most solemn opposition to an express clause of the constitu on. duty imposed on the defenders of the latter, in The amount of the injury sustained, in so far as every triumph it may acquire over the encroach-relates to the fine paid by the petitioner, is fixed ments of the former, to make certain every doubt and certain, and the sum equal to a reimburseful point, to which resort had been had as a pretextment is insignificant to the nation. In this case. for such encroachment; to repair every breach therefore, the committee think the governmen made in the constitution, and, if practicable, tolis uuder a moral obligation to indemnity the peti.. |