Newspaper Page Text
^oliticaiT
B--S—hbhsmamasam
—aimm
UEOH Of MR. MBMlHCM,
etc gm.Mi,
fa Stunt*. April #,1844—On th* rtnolullo'n'sl ilia CniaoiiitFr
on finance forlliein*eaoK,Jio»lp,toom»m of ilia bill intro-
diicnl liy Mr. MeDume lor raduGin( lho rain of ilntiaa tin-
ilrr lha present tarilTlO'tha ntandurt) OThhe ooinpromiH act
Mr. BERRl£N, of Geovgiit.Tusu Ami utldrost,-
■ed iIhs Senate, and said ho wofild avail himself ol
,tltecourtesy of the Senator from Massachusetts in
submit to the Senate the views which he entertain-
cd on tha question before il.es circumstances would
prevent him from doing so at a later stage of the
debate.
Sir, (snid Mr. B., nddrossing the President of the
Senato.) I have been very little disposed to intrude
myself upon your nutioo sinco wo have met togeth
er, or to occupy more of the limo of tho Senate
than was necessary fur llio brief discharge of the
duties which it has boon your pleasure to assign to
me. 1 Itnvo tho same feeling nuw, and if 1 deviate
from it on this occasion these two considerations
induce mo to do so i
1. In entertaining this bill, And especially in per.
milling an enlarged discussion on its merits, the
Sottaie has, in my judgment, assumed and uxercis-
od a power which the Constitution does not confer
I express this opinion with perfect respect for those
Who may dill'er from me, but nevcttlieless as mv
own firm and deliberate conviction; and entertain,
ingit, 1 desire to state briefly but distinctly tho rea
sons on which it is founded.
2. I Imvo not an additional motive for troubling
you with tho remarks which I propose to address
to the tSonule oil this occasion. This debate, how-
ever unauthorized in its inception, has in its pro
gress imposed obligations upon those who have not
hitherto participated in it. It bus been protracted
until the opinions and feelings expressed and ex
hibited in its earlier stages have attracted the at-
tentioa of our constituents, My own more espu.
cially, fur it is of then, alone 1 would speak, unde,
representations which have been made of Southern
feeling, have been placed in n position which is nut
acceptable to them. I shall fullil their expressed
wisiies in the effort to withdraw them from it.
Sir, I have been gratified,as I doubt not ull wlu,
have heard it have been, by the talent and research
which have been exhibited in the progress of this
debate. I Ituve been occasionally choete I by the
prospect which it has opened to my view of tho cu
pabilities of this favored land, of the capacity of the
American people to preserve with still Increasing
prosperity the independent nation which they have
assumed among nations; and, as I listened, hate
cherished the hope that no error, in whatever
source originating, on the part of those to whom,
under Providence, the destinies of that people are
confided, may stay their onward march in the gl
rious career which is opened before (Item. Bui 1
have from the outset of this discussion been pressed
by the conviction that it was inappropriate, unau
thorized, and injurious in its tendency. 1 huv
thought it inappropriate to the resolution reported
by the Committee on Finance, which is the only
legitimate subject of discussion; for, although tlmt
resolution necessarily refers to the bill introduced
by the Senator from South Carolina, yet his refer,
ence is solely for the purpose of ascertaining it
character, of determining whether it is oris not a
bill -‘for raising revenue,” and gives no authority to
enter into a further discussion of its merits. 1 nave
thought it unauthorized, liucan.se the Constitution,
which lias given and also limited our powers, has
expressly inhibited us from exercising the pm
which this bill assumes. Andbayuml ibis. I liuve
believed that it was injurious in its tendency, ns cal
culated to disturb and agitate the politic mind with,
out the sl'ghtcsl prospect of leading to any benefi
cial, or even to tiny practical result; at a moment,
too, which is peculiarly uepropitieus to such ex
citement. Sir, when 1 look to the state of this nu
lion, to the condition of its Government, to the in-
efficiency of the administrative power, the discor
dant counsels which embarrass its legislation, to our
foreign relations, and especially to the condition of
our people, of our whole people, struggling to es
cape from the pressure under which they have been
laboring, and but momentarily cheered by the
events of the year which has just gone by, l feel. 1
cannot but feel with that strong assurance which
truth always impattsto her own impulses, that tile
moment which lias been selected for the renewal ol
this agitating discussion has beet, most unhappily
chosen.
It was under the influence of this conviction that,
at an early stuge of this debate, I endeavored to
stay its further progress, by culling the Senate to n
decision, on the question of their constitutional pnw
er to originate the bill which gave rise to it. That
effort failed, and I acquiesced in tho decision, not
because I believed that a principle of constitution
nl law could be so entangled by legislative regula
tion as to be deprived of its efficacy—not because 1
was less sensible of our obligation first to decide up
oti our right to do what this bill proposes before we
proceed to consider the expediency of doing it, hut
in deference to what seemed lobe the wish of the
Senate to yield as a country what could not be
claimed ns a right.
Well, sir, the debate has proceeded. The advo
cates and the opponents of the existing revenue
system have been heard. Process of reasoning
have been explained. Principles of political econ-
my have been discussed. Statistics, which are to
that science what politics are to history, have been
resorted to. Statistical document, have been ex
hibited, compared, combnttod. and defended ; and
the result lias been, that Senators, nil equally
zealous in quest of truth, liuvo brought themselves
to conclusions ns diametrically opposite us the
points from which they look their departure. 1
would be inclined, if it were the pleusure of the
Senate to pause here, to take just now the advice ot
the poet mithere hanc de peclore curam ;” to await
the constitutional action ol the popular branch of the
National Legislature, tho legitimate presentment
of this subject to our consideration, by u bill nrig
mating there. I would be disposed, hut that 1 am
already admonished that the effort would be a vain
one, not merely torecull the Senate to itself, und to
the consideration of its own appropriate functions,
but to confine it to the great question which stand
in advance of all proper discussion of the merits of
this bill, that of its constitutional power to do the
act which this bill proposes. Conceding, ns 1 do
very readily, the groat importance of establishing
an efficient system of revenue, I feel, nevertheless,
that fur transcending in importance even this is tin
question whether the Semite of the United Stales
will confine itself within the pule of its constitution,
al authority, or usurp a power which the Constitu
tion does not confer.
I would not he misunderstood on this subject. I
attach as much importance to the constitutional pro.
vision, which we are considering, us was ascribed
to it in ilioCenveiition. If we were now dcliberu.
ting upon tho provisions of u Constitution to lie es.
tahlislied instead of legislating under that which al
ready exist, I should not fear that the llhorties of the
people would ho endangered by investing tho Sen.
ate with power to originate a revenue hill. The
supposed analogy between our own ami the Gov
ernment of Great Britain, from which the pruiiibi.
lion is borrowed, and where usage lias established
the still more exclusive power of tho HuuseufCom.
mons, does not seem to me to exist. Here we are
nil, in each branch of the National Legislature,
representatives of tho people. It is tho fashion to
to speak ofSenalnrs as the representative of Stales,
but that has reference rather to the equality of rep
rusentation in this body than to the relation of its
members to their constituents. The representa
tive of u State is the representative of the people
who compose it. It is the same people who ere
represonted in each House of Congress, in the one
by Stntes and in tho other by districts. I repent,
then, l do not doubt that this power might be safely
exercised by the Senate, if the Constitution permit,
tod it. But the Constitution prohibits it. So the
law, the constitutional law, is written, lla lex
script a, et aperte scripta tit. If this be so, the ex*
crei'e of tho power is « naked usurpation.
Such is my view of the question of power amt u
Its Comparative importance. I desire, therefore,
to make part of tho history of this transaction u
Consist of the reasons on which that opinion Is fouu
tied, ami for this purpose will trooble you with n
very Uriel cxuiuinuiiuo of tho constitutional provis
torn
The provision is in tliesn words, art, 1. see. 7 :
" All bill* for raising revenue eltal! originate in the
Mouse of Representatives; but the Senate may propose,
or concur with tho amendments, as on oilier bills.'’
Our inquiry then is simply, is this a bill for rats,
ing revenue? The Senator from South Carolina
admits that if, in any just sense, it is so, tlm Sen
ale cannot entertain it. He insists, however, that it
is not, and for two reasons :
1. Beeuitso it imposes no duty ;
2. Because it does not raise,(increaso,) but re
duces existing duties.
These suggestions must therefore be examined
The first has been refuted by the chairman of the
Committee on Finance. I slute tiie argument not
for the purpose of discussing it, but to recall it to
your recollection.
‘I'lie first section of tho bill abolishes the mini,
mums, or assumes valuations allowed by the act ol
1842, requires actual valuations in uil cases, and
that the rate of duty shall he on such valuations.
Nuw, us the act ol 1842 contains no provision for
such valuations, it follows either that it must be
mudo liy this bill, or tlmt no duties cun he collect
ed. This is the argument of tho chairman of the
committee, founded oil the first section of ihe hill
I add tlmt ihe second section furnishes an urge
meat equally strong It abolishes specific duties, l>y
tho requirement that all duties shall hereafter be
imposed ad valorem, and, since the act of 1842 im
poses no ad valorem duty on the articles charged
with a specific duty, cither such ad valorem duty
must be imposed by this bill or those articles will
he free from duty. Thus both sections of the bill
distinctly prove it to he a revenue bill in a “just
sense”—u lull which absolutely und tiy its own
force imposes duties lor tho purpose of revenue.
The second ground on which i) is alleged tlmt this
is Mot a revenue lull equally untenable.tliuughii may
require a somewhat more detailed answer. The
ground assumed is that litis is a bill to reduce du
ties, und cannot therefore he considered within the
meaning of the prohibitory clause, us a hid to raise
revenue. This argument rests utt the supposin
tlmt to raise means to increase. The fact is tint so,
hut for the moment it may be udmited, and the lirsi
answer is, the words of the Constitution lire loi
large and comprehensive to permit such an escape,
Tho prohibition applies to "all bills”—nothills tin
increasing, reducing, or continuing the existing rev
enue, hot hilts which relates to the subject. But
secondly, it is to be remarked tlmt the term “rais
ing" is equal to revenue, and not to duties.” The
uigumcni is, that this is not a bill fur ruisingrevenue
—tlmt is, as gentlemen understand the term, for
increasing the revenue—because it reduces the du-
lies. But if it lie true (and no one wilt doubt tliui
it is su) tlmt a bill may reduce duties and yet in
crease revenue, then this urgutnent is equully un
tenable. This is true where a rale of duty wliicn
is prohibitory is substituted by one which is nut so.
This reduced duty produces an importation when
tliero was none before, und consequently uo in
crease of revenue. So also in the case of . articles
which, being of small size and of great value, art
easily smuggled into the cuuutry. In this ease, ii
the duly he higher llmu tlm risk of introducing tin
article clandestinely instead of paying the duty h
the Government, u sum less than the duty will b,
paid to the smuggler. Reduce the duty so as uni
greatly to exceed the risk of the smuggler, and it
will bo puid to the government. Titus, under a
high duty, the Government " ill receive nothing, he
cuuse of the temptation to the smuggler; hut if you
reduce the duty his nceupution is gone. The
amount of this reduced du y will then find its way
into the Treasury, and thus raise. increase the rev
enuo. It is moreover, the avowed purpose and dis
lincily predicted effect of this bill to increase it,—
Tlte argument of the S -nntor from South Curoli
is intended expressly to prove tlmt the reduction of
duly, which he proposes, while it will, as lie suppo
ses, alleviate the burdens of the people, will ul tin
same lime largely increase the revenue of the Gov.
eminent.
Thus, if we were to adin t the interpretation
which isclaiuted for this word.tlte argument which i
founded on it would be imieuahle. But such is not
its meaning, and this is the next answer: The
word raise dues not mean to increase simply, and
never when applied to revenue or taxation. Among
some twenty or thirty interpretations which nr<
given to the word, one to be sure is to "increase in
value,” in which sense it coul-l not lie used in the
clause of the Constitution, us will be obvious from
the example given ;
“The plate pieces of eight were raised three peace
in the piece.”—Temple.
The meaning of the word in this sentence cannot
he misunderstood. These plate pieces were not in
creased in size, in weight, in number, or in beauty,
hut in value. Three pence in vulun was added In
each piece. The meuning is cqnully obvious
when the word is applied to revenue or luxation.—
Take this example :
“Britain.onco dof*pi8cd,cnn raise'
Ad unijtle sunmud Kuiiieiu Cieditr’s days.”
[Arbutlinot.
Hero the meaning of the word is ultke p'ain
and unquestionable. It is now applied to revenue.
to luxation, and then its interpretation is to levy, to
colled, to assess. The writer is comparing the
revenues of Gieat Britain with these of Rune, and
he asserts tlmt, despised as Britain once was, he
revenues are now as urnplu us those of imperial
Rome in her palmy days; tlmt Britain can now
raise—tlmt is levy, collect, assess by taxation—a-.,
ample sums as Rome io the time of Cmsa.;-, |
think this renders it very clear that the \v„ r( | ra i..
ing used in the Constitution dues, not mean increas
ing. bin levying, collecting, assessing; and, conse
quently, tlmt tlte hill introduced by the Senator
from South Carolina is not less a revenue hill be.
cause it reduces duties instead of increasing them,
even if tlte effect of that reduction should, ns I doubt
not it wuuld be, reduce the revenue us well us tlte
dulifti
Tills is the interpretation of the term given to it
by lexicographers. It is much more itnporlunl to
ascertain the sense in which it was used by the
Convention, and happily the journal uud debates of
that body enable js to pluce this beyond the reach
of coil rove rsy. We can thus trace the history ol
the clause, and listen to tlte comments of those who
framed, and modified, and finally adopted it.
As the cause origitmllly shniH in the draught of
the Constitution reported by the Committee, it was
in these words :
••All lulls for raising or appropriating money, «J-c.
(hall originate," &r., (Secret Detunes, p. 232.)
In the Convention this clause wus stricken out.
(3 Madison Papers, 12)7.)
The resolution to strike out win reconsidered
on motion of Mr. Randolph. (3 M tdison Papers.
12ff7-8.)
On the reconsideration, lie moved to substitute
the following clause :
“Hills for raising money for the purpose of revenue,
or for Appropriating the same, shall urigiaatc in tlie
House nl Representatives, and sh ill not bo altered or
amended by tlm Senate so as to increase nr diminish
the sain to be levied,” (3 Madison Papers, 1305 7.)
This was subsequently altered by tlte adoption of
tlm clause as it now stands in the Constitution :
“All bills for raising revenue shall originate,” Si.e..
(8 Madison Papers, 1404 1040.)
Now, it would he to impute to the Convention u
palpable absurdity to suppose that they used this
word in Ihe sense which is now given to it, that
is to say. as equivalent to increase. Any one who
rends these different clauses, giving toil this inter,
pretnlinn. will lie sensible of this. I'lius when, in
the original draught, the, Convention speuk ot
“raisingmoney,"they would bo understood to mean
increasing H, instead of levying it by taxation, J
which was their obvious intention. And so, in tnn
-Ubsrqwetr. modification, the words “bills for rais
ing money fur the purpose of revenue” would be tin-
ole to Itio same utisurd interpretation, and this
notwithstanding Mr. Randolph, by the subsequent
inhibition to the Senate, in the same clause, to in
crease or diminish the sum to be levied, showed
tlmt lie perfectly understood the force ul the terms
which he was using.
The sense in which this term wus used in the
Convention is, then, I think, very obvious; and
that was, us the equivalent of the words, beloro
stated, to levy, to collect, In nssesls. In thrssense,
too, it wus used by all who spoko in tlmt Iwdy. —
The prohibition, us was before noted, was •borrow,
ed from Great Britain, und tho ordinury puw.iumeii-
lury phrase in that country was used wltetr sp-uk.
iug ol it in the Convention, Bills for rui wag re.
venue, when they were mentioned in IlhK body,
were always spoken of us "money bills," -and no
one bought of distinguishing between such money
hills ns should iiicivu-e or diminish the e xisting
revenue; all were classed under the ganerul de.
nomination of money bills, and the prohibition to
the Senate to originate a measure of this doacrip.
lion was equally applicable to all such bi*lo. 'f lic
same lang.iuge was used, and Ihe same interpreta
tion given tlte term in the several Statu conven
tions whose debates have been preserved.
Will you allow ino to add, tlmt the objection of
the Senator from Connecticut seems to me not to
have been met, and certainly not lo have been an
swered. Tlmt objection was, that such a hill as
the present, even supposing tlmt it could be pro-
lecied tiy the consideration that its object whs lu
reduce and not lo increase the duties imposed by
the existing law; might nevertheless he defeated if
Hie House of Representatives, in the exercimi o 1 !
its undoubted right, should udept uu nineiicioieni
increasing the existing rate of duty. In si’iclt an
event would ha incorporated in and not distin/fiiish*
able from ttie original bill, which, when pn tinned
to tlie President lor tiis aprovul, would carry with
it the certificate of our Secretary tlmt it Imd ongi.
tinted here; and being a hill for raising revenue by
increasing duties must, even according to the ar.
giunent ol its ndvocstes, be stopped by the inter,
po-ilion of the Executive veto.
The objection involved in the inquiry presented
liy the Senator from Pennsylvania is alow. 1 think,
unanswerable. It serves in stiow that the legisla
tion of the Semite un this hill must ceoessurny he
crippled and imperfect—that the right to exercise
our Uivn judgment in the modification of its details
would de denied lo us, since, if this should lead us
to propose an amendment increasing the existing
rate ol duties, the Senate could not entertain such
an amendment without a violation of tire Constitu
tion. I think there cun be no more decisive
evidence that the prohibitory clause which *ve are
considering extends to all revenue bills. To deny
10 the Senate the right oi amendment would 1m lo
arm ihe Senator who introduces such a hill with
the power which is usuttntd by tire British House
ofCoinmonsin its intercourse with it; at any rate.
,ve may not aher it by increasing the rule of duty
which lie proposes.
The Seiiaior from New Hampshire finds a diffi.
cully in denying io lie Senate the constitutional
power to euieruiiu this bid, and warns us o beware
test, to making litis de.iiat we should divest our
selves of tlte right to originate u hill for the regain.
lion of the Post Office, or for the sale und distribu
tion of the proceeds of the public lands, both 'of
which produce revenue li the Senator will recall
to his recollection a rule of interpretation with
which tic is perfectly familiar he will he sensible
that there is uo room for this apprehension. The
terms ol'u law, whether fundamental or of ordinury
legislation, are to he interpreted with reference to
me subject matter which it was intended to regu
late. Tae Convention was engaged in regulating
the manner in which Congress should exercise the
power of raising revenue liy taxation. This was
the sulijeet.und the solo stt'iject ot th-ir deliliera
lions in settling the terms of this prohibitory clause.
This is obvious from an examination of the clause
in its successive stuges, from the debates in the
Convention in relation to it, and from the fact that
the power to legislate in relation to the revenues
of the Government, which are derived from nuy
other source than taxation, is given to Congress,
with equul right to the Senate to originate hills in
relation to them. The power to rttiso revenue from
tlte Post Office is given by the eighth section of
tlte first article of tlte Constitution, and a like power
over the revenue to be derived from Ihe public
lands by the third section of tlte fourth nttiele.
Pile ptoltibittiou which we are considering, that
inhibits the Senate from originating a revenue hill,
is confined to tlm exercise of the taxing power,
which is regulated by tho seventh section of tlte
first article.
Mr. President, I think it is now sufficiently obvi
ous that the hill introduced by the Senator from
Sooth Cnrnlinu is justly and truly a revenue hill—
in the very words of the Constitution, n bill for
ruising revenue; liiut it cannot legitimately origi
nate ill the Senate, and ought therefore, in the
terms of the resolution reported by the C iinmilteo
011 Finance, lo be indefinitely postponed. And
here, sir. I would gladly close this discussion, and
await the decision of the Senate on tlm question
which it involves; hut 'he extent which has been
already given lo this debate, ranging ns it Ims ^ limj
ever the whole system of revenue as e^, v esIa |,
fished by law, both io principle and iietnil.and tlm
determination still further n> r r(We oule the same
extended discussion, ntahj ( ( „y (j M ,y | 0 submit to
you sueli additional e ()ll sideratious as have brought
toy mind to the conclusion that wc ought not fur
ther to Itt'ns'bcute this measure.
Independently, then, sir, of til co. slitulional oh-
J«ci* a oi,a to this hill, I would urge its indefinite post
ponement, from the consideration that it cannot
lead lo any practical result; tliut it does not ever
express the views and intentions of the honorable
Senator by whom it was introduced, as these have
been unfolded in the progress of this debate. The
hill proposes to repeal the existing revenue system,
and to substitute for it one unfolded in liie progress
of litis debate. The bill proposes to repeal tbe
existing revenue system, und to substitute for it
one uniform ad valorem duty on all dutiable articles.
It provides for the reduction of all existing duties
to twenty five and twenty per cent, ad valorem,
and (by a slip of the pen of course) require- tlmt
both these rales of duty shall be imposed on the
thirty-first day of December next.
Now, sir. does the Sennior from South Carolina
think, does any honorable Senator believe, that there
can lie found in both branches of the National Leg.
islnture, Senators and Representatives, equal in
number to one of the standing committees of the
House, who in the present condition of the country,
in ull its varied usiiec’s, would consent lo substi
tute for the existing revenue system the rate of du
ty and mode of assessment provide I by litis hill ?
I apprehend not, and with the mure confidence,
-nice, if 1 understand tlm Senator from South Cur-
iilinii, Im does nut liiinselfnppruve it. It is an ave
rage und not a uniform duty of twenty per cent,
which Im desires to establish. The honorable Sen
ator repels the idea of this oorixootal duty, us it is
called, ii mi advocates the propriety of discriminat
ing for the purpose of revenue, of varying Ihe rate
of duty imposed, illustrating his views in this par.
liculnrhy suggesting a roily of twenty five per cent,
oil silks and ol fifteen per rent, oil course cottons.
Yet ho presses upon us the consideration of this
hill, which, indirect conflict with his own express
ed views, imposes one uniform indiscriminate rate
of duty on all the dutiable articles of import. It
the Senate posses-os the power, by a hill original,
iag here, to modify the existing of revenue, and it
is Ihe purpose of the hnnuruhlo Sennior to call us
to the exercise of that power, surely we have a
right lo ask that tlm measure which lie proposes
should bo hi accordance, not lo conflict, with his
own view of wirnt that modification ought to be.
Unless tins is done, unless some measure looking to
a practical result be proposed, this discussion is not
n ,r»ly vain and nugatory, hut absolutely injurious
tit iia tendency. One of two things is true. Eith
er we prosecute this bill without any view to n pruc
ticul result,or it is intended to found upon it an en
tire revision of tlm existing system of a revenue. It
tile former—if litis hill is designed merely to an
swer tile purpose of an author's title page in a mo
dern periodical, ip furnish it theme on which the
writer may descant ad libitum, without touching the
met its of tee work which Ifo professes to review,
unit we are thus engaged in mere Senatorial pita,
nine ; or if it he our graver purpose, from those
liign seals, which we occupy by tlm favor of our
Constituents, to promulgate doctrines of political
et omimy.to go lo the American people under the
suet lion of our imprimatur, 1 apprehend in the first
cuse we slidII not advance ourselves in the confi
dence ol'uni constituents, and ill the second, that
tve muv he told tlmt we were sent hereto legislate
for and not to indoctrinate them. Sir, I have great
and unfeigned respect for the Senate of the United
Suites; I appreciate very highly the privilege
which I enjoy ul such an association with tlte learn
ing und intelligence which distinguish this assent
hly us a seat in this Chumker affords mo ; hut I
should vio'atu my own sense of propriety, I should
justly expose myself to your rebuke, I should assert
whin you would yourselves be prompt to deny, and
might he subjected to the imputation ol offering mi
undeserved compliment to mask the satire which it
was intended to convey, if on the great practical
subject of litis debate, coming home us it does lo
the business and to tho bosoms of nil intelligent
people. I were to affirm that tlte i/uamum of iiiltir-
million which exists beyond the limits of this Cham-
tier is not at least equal to that which it encloses.
No. sir, it is not necessary that we should assume
u power with which the Constitution has not invest-
ed us for the purpose of enlightening our constitu
ents on tilts subject.
But if the ultcrualive which I Have suggested be
true—if ilia discussions on this hill, unproductive
and harmless as it must he in itself, do indeed fore-
situtlow events which it is intended lo accomplish
before another mooli Ims "filled its horns.” then,
sir, we are striking a chord which will vibrate
throughout the Union, und affect injuriously the in-
dus'rial pursuits of ull classes of the community.
Mr. President, it is not the least among the evil
tendencies of this discussion unprofitable, ns it is.
and leading, as we have seen, to no practical result,
that it is calculated, by the suggestion of imaginary,
or the real diversities of interest, made in the heat
and exc-temenl of debate, lo revive those scctionul
feelings wliicn, in u moment of excitement, have
heretnlnrn menaced the safely of the Union. 1 do
not occdpy your time by any deluil of the occurren
ces ol that unhappy and alarming crisis, for we
were so deeply impressed upon the memory of those
who wete coiempoi'tiry with them, not lo he easily
recalled to our recollection. Tlu-y Imvo been
brought forcibly lo mind by the recent perusal ol
a letter wrilen by une of tlm distinguished actors in
that-controversy, uud in no spirit of vui-glorious
boasting, for of tlmt tie is incapable. With a well
dressed compliment to the gallant soldier who com-
mantled the forces ol the Government on that Irv
ing occasion, lie announced the readiness of the
volunteers under his comuiuud. on any day, Sun
days excepted, lo give battle lo General Jucksun’s
regulars, tf that was to have decided the issue.—
And lie adds, to a spirit wliicn was worthy of him,
nod with an obvious feeling of abhorrence for suclt
a result: “but we knew rliat, tin the discharge ol
the first musket, the streets of our city would run
with fraternal bluod.” A singlu act of indiscre.
tion on either purl would Imvu led to this fearful re
sult; hut no such act wus committed. The pntri.
■ it ism of South Carolina forbade it, and the patriot
ism nu less pure, the sound discretion, Ihe sleepless
vigilance, above ull, the •• benignant desire for
peace und conciliation” which animated tlte gallant
soldier whu wutclted over the safety of the Union
in that moment of excitement, all this united to
avert the evil. That distinguished officer was
U'.iiid then, as in many a dark and fearful hour he
lias been found, fully adequate to whatever service
hi* country required at Ins hands. Tlmt perilous
moment has gmm by. God forbid that such unolh
er should ever recur, lo try again, and in like man
ner, the strength of our free institutions ! This un
happy strife was lunmnaled by an act of peace and
eniieiliution—by the memorable compromise of
1833. It is a bl ight page in our country’s annals
which records tins act of patriotism and mutual
forbearance. We may, though I Iru-t we shall not,
sully those which follow, hut its brightness we can
not dim. ft did not restore peace lo the country,
for happily that had not been broken—but it brought
back to their ancient relations of kindness und uni.
tty, and reciprocal confidence, a gallant Stule, and
Iter sisters of tho Confederacy.
Mr. President, 1 would do much, boar much, suf
I'er much, before 1 would lake utty step which might
lead to the revival of those feelings. Yel I agree
that there is a point at which resistance to oppres
sion becomes u freeman's duty—a limit beyond
which the sufferings which are infln'ied by un un-
wise and unjust legislation oe gUl „ u | ollgt , r 1)tt
b'jriip. Bui does litis oppression, do these Huffer*
mgs exist 1 Do they exist in lltul degree which re
quires ilia. - , Wu should, in the peculiar condition of
l * lR country at this moment, ngitute anew this ex
citing topic ? Where is llml extremity of suffering'!
What memorial Ims announced its existence 7 Is it
suid tlmt Southern men are the victims; tlmt they
are nut prone to complain; tlmt their indignant
feelings forbid them to ask relief at the hands of
ihair oppressors ? But if it he true, ns is so eurn
Hsily contended, tliut (lie a t of 1842 not only en
hances the pt ices of foreign commodities to tlte ex
tent of the duly which it imposes, but compels con-
seiners also to submit to a corresponding increase
of prices in similar articles of domestic manufac
ture. -speaking ns u Southern mull, 1 marvel thul
our Northern brethren, who are consumers like
ourselves, and more numerous than we me, and
ready enough tn complain when they see themselves
aggrieved—1 marvel tliut they do not become sen
sible of the sufferings which, without knowing it,
lhev nre compelled to Itesr. I pursue the inquiry.
Do these things exist 1 Sir, this involves a question
ol fact—the it qniry, wnat is the actual condition of
the country nt litis moment as compared with tlmt
in which it wus before tlte act of 1842 wus passed ?
It is not necessary io my purpose lo determine
whether the present stale of things is pruduced by
that act, or exist* io spite of il, 1 limit myself lo
the inquiry whether there is now existing in our
country such a degree of suffering, no mutter how
produced.as will justify us in unsettling uur revenue
system and embarrassing the pursuits of industry
in all its various departments t It is a mere ques
tion of fact, und 1 answer il by affirming, what I
presume no one will deny, that (here is a sensible,
obvious improvement in tlte condition of ihe country
since August, 1842. Whether il he heeuuse of the
tariff of that year, or in spite of it, I repeat, is nut n
subject of my present enquiry. I am dealing with
fact, not theory—and these things 1 take to he un
deniable, in the comparison between the two peri
od*:
1. The credit of the Government was prostrate,
and it has been redeemed. Its hills were protested.
Its Treasury notes were below pnr. It sought a
loan, and could not obtain it, either here or in Eu
rope, hut upon terms which were humiliating to u
great t ittion. It could nut go into the market and
burrow money oil term* us favorable as would he
accorded to a responsible individual. All this has
been changed. Its stock is above par. Thu Gov
eminent has umple means to meet its current ex-
peuuilures, anti suclt is now its credit tliut it could
command on u louiiuny umounl of mttuey it might
require.
2 1 The Treasury was empty. It it now replen
ish! d, ims an increasing income probably adequate
to its wants, and Ihe means, if need bo, of adding
to it.
3. Tlte commerce and navigation of tho country have
increased.
4- Its agricultusal condition has improved.
There has boen a marked improvement in the price
of our great etsple. .. . .
6, A reduction in Hie prices of almost all, u not so-
aolutely ol every article of ennsurnp ton.
7. To crown the whole, every brunch of iinlu«lry lias
been stimulated lo increased activity, and confidence
has been rcstnrod. These things I apprehend are true.
The tariff of 1842 has been inefficient operation hit ut
ile more titan a year, and they have followed, whether
aa effect* ot that measure or as mere sequences, I do
nut inquire—they exist. The country is sensibly re
Iteved ; it is util suffering as ii was m 1842. It is in
a Mtaiu of convalescence— inceptive, indeed still enfeo*
bled by a lung course of privation, hut yet obviously re-
covering from its prostration, and cheered by the pros
peel ol complete restoration. Looking to this state of
tilings, to public credit, lu revenue, lo commerce and
navigation, lo agriculture, lo tho price* of commodities,
lo the increased activity of every brunch of industry,
and lu tbe general and obviously improved condition ol
the country, 1 ask is line a time for excitement, for agi
tation, lor interfering Willi the pursuits al industry, lur
disturbing the labors of the counting-room, ol the tacto-
ry, ot tlie workshop, of ihe field, and of the wide and
open sea J Is tins a time for change, lur such change
as the adoption of tins bill would bring us? Emphati
cally, is tins a tune, looking to the political elate of the
country, tu the anumuluu*, enfeebled condition of its
administrative power 1 \Vc have an Executive admin
istration, of winch it was some lime since tund that its
history might he written in parenthesis. Even that
may be spared now. The actual record is on your Ex
ocutive Journal: I nominate*. B. in the room of C.
D. removed, with multiplied entries as the occasion may
require. For the rest, it is ill blank. L"t us look lo
ourselves. Discordant rounae * are prova,ling ill the
halls of legislation. Honestly differing in opinion nil
great and leading question*of public pot cy, weean con-
cert no great puliiic measures to which those quest ions
are involved. The state of our loreign relations also
should admonish u* to caution. Looking io these, a
prudent statesman, I think, would pause before lie would
unsettle a system of revenue, under winch, whatever
may he its defects, the country is obviously advancing
and prospering.
l)ut, again. Is tliia a time, on the eve of a great
struggle between tbe two political parties which divide
tho country 1 Tln-y are separaieiton great principles,
sincerely cherished and ardently maintained liy each.
1 nose cannot be yielded or compromised on tlie otto
side or on ihe other, either on tins or any oilier gn at
question ol public policy. Tho struggle which awaits
us, (it will 1 trust, be conducted in a manly and liberal
epirii, however earnest il may be,) in deciding which
parly shall predominate, will probably set 1 le for aseriCB
ol years the principles on winch tins Government shall
be administered. Vidors or vanquish!d, it will be.
hoove all nl us to bow, to the decision of the American
people. Bui until then no great question on w hich the
two parties d vide can be set! led no a permanent basis.
This is especially true of a tariff of duties, winch is to
luriiish revenue lo ihe Government, while it affects all
the pursuits of industry ol its citizens. Such a hill, m ihe
piSeenl state uf parlies ill the National Legislature, can.
■lot b< come a law, unless both parties should y eld what
tbe victor tu liie approaching contest would leel bound
to reclaim in the firstlimine ..is uf Ins success. No
system ol revenue w hich is adopted now can, therefore
bu stable. It will not truly represent the opinions of
either party, and will not endure beyond tne first ses.
s.oii o! the next Administration, whichever may prevail.
Is it wise, then, to disturb the existing revenue law by
subslitulnig fur it a bill thus imperfectly framed, and
doomed to an existence so transient and Heeling]
1 was struck, sir, by I lie harmony which prevailed
between my own and tbe views of the Senator from
Missouri on this point. He docs not think the Senate
has const it utionai power to originate this hill. He
does not think the present a fit occaaion for the exercise
of that power if we possessed it; but still he is in favor
of discussion,” even though it be on a bill which we
have no right to originate, and which, ex concessit, can
lead lo uo practical result. [ concur as cordially with
hint in Ins premises as 1 differ widely in the conclu
sion to winch they have conducted Inin.
Mr. President, while under tho influence of these
considerations I shall vote for Ihe indefinite postpone
ment ol this hill, with a view to leave the existing re.
venue system undisturbed, until a more propitious sea.
son shall occur lor its revision, ( am free to admit that
i lie act of 1842 is, in my judgment, liable to objections.
I am influenced by tho consideration that in a Govern-
meat like ours, there arc some things which are more
important than the rate of duty which we pay on im.
ports ive consume ; that there are some crisis in the po
litical condition of a nation in winch it is vviRe to ab.
stain front innovation, even though that which is pro.
posed should, under more favoraltlec rcumstaiic.es, hold
out Ihe prospect ol benefit. I thought tlie tariff of 1842
was liable lo objections at t -e time of its passage. I
believed (hat some of the duties were too high; that
some articles wore subjected lo duly which ought to
have been left free, and tlmt s..me were left Iree which
ought lo have been Bunjected to duly. I Ihereforc vo
ted against it, but with the express declaration lo seme
of Its Irieeds as well as us oppoaeats, that if it should
fail by a single vote, as almost op lo the moment when
it was pui to the ques ion thero was reason to believe
it wuuld do, l would instantly move its reconsideration.
I would have dune this from irrepressible desire which
I fell that the lienor of the country should be redeem
ed and its credit restored, and I rum a firm conviction
that, in Ihe circumstances in which we were placed,
this could only be done by the passage of that bill in its
present or in some modified form. 1 would never hav)
consented io adjourn leaving that unaccomplished. If
ilie result had been to inipose undue burdens on the
South, I would have cheerfully borne mysltaroof these
Durdens in my own person, and i lelt tint 1 could rely
on tny constituent*, if it were necessary, to make a ,'ar.
ger sacrii ce than this, lo redeem ihe national honor.
My expectations were real.zed. That determination
was frankly communicated io the peop'e of Georgia,
and was cheered by the approbation of those to whose
confidence I am indebted lor the honor of a seat on ihe
11- tor. 1 do hat express their opinions therefore, in the
vole which I am about lo give on III s hill.
[ do not propose lo enter into a particular discussion
of the justice or pulicy of ihe protective system. With,
tit the limits of revenue, and with a scale of duties sit
graduated as lo leave the marKct generally open to coni-
j petition, lhat question will lie, perhaps has been, set
tled by loo American people, under ihe instructive les
sons of experience, without embarrassing themselves
( with tabular statements nr philosophical theories. That
they have been cautious and slow in adopting Ibis con
; elusion, will out surprise those who look io our history,
i While we were colonies ol Great Britain, her policy com
pelled us to resort to her workshops tortlie manufac-
j lures which we required. Tlmt was then our natural
market — so at least our mother thought—and when we
had escaped from his vassalage, ihe handful of patriots
' who had achieved our it dependence found ample em
ployment lor a lime in the labors to which they had
heel! accustomed—ill commerce, in navigation and in
j agriculture. They had border strifes lo adjust- they
had rich forests lo subdue—they had capital to accu-
| inulate—they Imd agovernmeut In term. A disjointed
j Cuntederacy was not calculated tu stimulate the enter-
- prise ot our fathers, ami languished during its continu
ance. I’Iip new Government came, with inspiring in-
flueuces, and very soon the condition of the European
j world, which made us the common carriers of the na
tions, so extended our commerce ami navigation as to
take away lor Ihe tune all motive for any o.licr employ,
meat ol our capital and labur.
Wo came from the war 1815 with manufactures
j which had grown up during our troubles, and winch re-
quired the protection of Ihe Government to save them
| from prostration. Southern patriotism, Southern liber-
ality, came to their rescue. Massachusetts stood aloof
Irom 1817 to 182*. unwilling to withdraw from com
merce the c-ipual winch it profitably employed. The
great manufacturing State of Pennsylvania was al one
lone tho commercial rival of New York. In every State
the process by which manufacture* commended them-
selves In public favor was not only gradual but stow. Its
progress seem* nevertheless to be steady. It has over
run the Eislcrii and Middle States, New Hamp
shire perhaps excepted. Its course is Southward. Ma
ryland is a manufacturing Stale; Virginia and North
Carolina are becoming so ; and llio Stale of South Car
olina is now receiving into her bosom an English mail-
afacturiag company. With English capital and Eng
lish operatives, she is about to tiirnieh lu her citizens
(list winch, if it succeeds, will be ill (ruth I heir uatnral
tnarkei ol purchase as well as sale. This English cap
ital will thus be added to our own, and these English
operatives will no doubt soon become good American
citizens. I read from llio newspaper which 1 hold m
my hand some account of this establishment:
“Elbzrt CoUNiy, February 22,1843.
“Messrs. Moruan & Jones: —I proceed to give you
a history, briefly, of a manufacturing establishment on
| loot in this part of the country, which may not be unlit.
| tereating to the readers of the Courier.
I “An agent for a large manuiactuniuj company from
Manchester, England, was set lo the Uniiod .State* lor
the purpose of examining the different rivers, to find the
most suitable water privileges and other advantages in
point of lueation, in view of cre.-ling a large inanufac-
luring establishment. The result is, that said agent
Itaa Bellied down upon a location at ihe head of Trot
ter's Shoal*, on the Savannah river, nine miles above
Petersburg. The einwtion was the property of l ,
Edward CaltyMin, and was purclwscd by the sg.-afj j
sixty thousand dollars, including eight thousand 1£ J,
of land, it is atid that forty families from ManrhciZ
are on their w ay, or ere coming on soon, to prepare f„
a very large business ; hence we discover that tu
manufacture of every description of cotton and uoniu, ^
goods will not be confined much longer tollie Nurtlm ^
portion of the Union. The extent of the Lenrfu, a I
such an establishment in our own rotiutiy j s not ejl I
>u determine. South Carolina and Georgia will ;
a homo market for their cnt.onsand our people can h?
ply themselves with goods cheaper than they cap £
bought ill England and brought to this country. Iron,
fact that cotton is higher in England than n I j,
besides the freight we pay, custom house duties, p ro £
to merchants. &.c. The manufacture of woollen go„A
broadcloths, Slv. will give a very great impetus to[u
raising of sheep. Sheep of the best kind, will be mpj,
tluced into our country, and, ill place of itie little hoM
perished dwarfs that we now have, filled with burro,», I
shall have the Merino, Soutli-down, die. Gl eater j
will be taken in raising sheep whenever we can fiuj, !
ready markel for our wool.
•‘It i* gratifying to the people here lo believe that n
shall see a large manufacturing town spring up u j,
magic on the margin of old Elbert.
“Lands in the vicinity will no doubt advance, and,,,
deed have advanced already. People living near «j*
find sale for every thing they have to spare, and the old I
women are beginning to talk pretty strong about h*. '
keys, chickens, eggs, &c. for the lactory. Q,n
But the march of this manufacturing spirj) j,
still onward and southward. Georgia j, ai , a ^
ing tu the conviction that a portion ul her pruduc.
live labor may be better employed. Hitherto afu
hua confined it in the cultivation of two great ••*,
p es. \ |iropiliuU8 season and a favorable mnrki|
gave nu abundance which templed tn prodigality,.
The failure of either Hubjecled tu general emhnrui.
ment. She is becoming daily mure and mure can* 1
vincetl uf the udvnnlnge of n div sion of labor.—
Here is some account uf Iter progress :
“Among the resources of Georgia now developing I
themselves, are her manufactures of cast and wrought
iron. located in our mountain region. Several are nut
in operation or springing into existence. We w ill on.
ly mention that in Cassi ounty, twelve miles from Can.
vi I le and six east of the railroad, is a turaace when
large quantities of hellow.ware and other castings in
made ofa very fair quality. These sellat the lactory
at luur cents at four cents per pound Bar iron is alw
made there and sold at six cent*, and enough demand.
A now establishment for the purpose of rolling and cob
ling nails is„erectiug on the H.glower river. Onthi
Ailooney creek, one m 1; from the railroad, ana her
furnace is now erect-ng fr ihe purpose of manufacturing
wr- uglil iron only, la a few years the poeple ot Grw. I
gia in cd not ook beyond the limits of their own Stats
lor any ot these articles, and will aiso supply mast of I
ti e cotton manufactures necessaiy lor her ci nsuniplios, I
| What du the Georgia manufactures uf coltuu and irm I
think ol the tariff?] There are also many articles d I
provisions, such as flour, bacon, Irish potatoes, bun«,|
&.C., which will soon be furnished by our Cherukes [
region sufficient for our consumption, and distributed!) I
our railroads through the State,” I
Alabama, tun, it wuttid seem, is engaging in tin I
enterprise, There are now ten factories in that 1
Stule, and the Alabama Times uf the 27th ultimo |
lias the following:
“Weare glad to learn that preparations are maluof I
to begin an extensive spinning and weaving establiiL l
mem at the Tallapoosa Falls, in the neighborhood 51
Tallahassee twenty.one or two miles from this city,
Tae location and wat> r p aver is thought to be good or
better than any other in the Stale. This is just whit
the South ought tu do.”
The infection has extended to our extreme south
western boundary. Hear tlie Van Buren (Ar.
kunsus) Intelligencer of the 24th ultimo :
“Cotton Yarn. — We have just been shown a hank
of cotton yarn manufaclured by Mark Bean, Esq. of
Cane Hill, Washington county. Excellent judges pro.
nnunce it a superior article, and equal tu auy inanufac.
lured in the Eastern States. We lake pleasure in no.
ticing this evidence of improvement in our State. From
the tokens before us, if we but follow up tbe enterpru.
iag and industrious course that we have commenced,
Mr. Bean informs us that he manufacture six hundred
dozen hanks of this thread per week.”
And here i9 the comment of a southern editor
on lliese various operation*—a little rough, tu bs
sure, hut serving to indicate an atvukeaed spirit ;
“The immense investment made, by a foreign com
pany in upper Carolina our readers are a'reatly acquaint,
ed with. The villaaous black tariff is certainly work
ing sad results. It is a pity that these spinning jenni-t
will disturb the sylvan solitudes of our own lard)
Georgia. And yel i; will be su despite of all the fiss
spun theories ol the talkers. Good coltun cloth will bs
i f belter texture, last longer, and coaler mare ccnifoit
than all the air woven fabrics of those who apposs
manufactures, These with ten years hence go to oar
mountains in search of picturesque secludes will beu
much disappointed as Rousseau was when lie slumblsd
upon a stocking factory in a romantic glen in ihe 8w,m
Alps, where he fanned lio could live retired; forgetting
t..e wurld and by tlie world forgotten, Study and 1st.
fy glens, and tumbling cascades, that make those pra
ams vocal where
•Human toot hath ne’er or rarely been,’
are very pood in their way ; bat they are better in sum
mer than ill winter, and the plashing of une good wale;
wheel that aids in manufacturingcomlortalble clothing
for aa industrious population is worth all the casrtdri
in creation. Bui we can have the cascades and ibe
mills ton. The Falls of Montinorcnci turn a mill with
out any disgrace to the water."
Our Northern brethren will not, therefore, it
would seem, be permitted anv lunger lu play this
game altogether alone. They must divide the
“plunder,” und share with us of the South some of
those “enormous profits” which they have beeu
hitherto exclusively enjoying.
Mr. President, if we could divest ourselves of 1
long.cherished attachment to theories—nil attach
ment which has become stronger from the exciting
scenes through which the defence uf them has con.
ducted us—and cornu to tlie consideration of tin*
question uf protection in a bettor and culiner spirit,
it wuuld he found that the diversities of opinion
which exist between us nro nut so great ns lie who
listens tu Hie denunciations which Hie uttered hers
uud elsewhere would he led to imagine. The sd-
vocales of protection claim, a* I understand them,
tliut the expenses of the Government shall be de*
frayed by a duly on imports and tliut. in collecting
ihe necessary revenue, a discrimination shall Its
m ide for the protection of domestic industry.—
This presents three question* :
1. The power to discriminate.
2. Tlte expediency of so exercising it.
3. The extent of the protection to bu afforded.
On the first question there is, 1 nppreliend, very
iittle diversity of opinion. The mere power seems I
to be oilher expressly admitted, or lo he a neces
sary inference from whut is admitted, ever, by the |
advocules of the present hill. The power to im
pose taxes, exvi termini, implies the right to deter*
mine what urticle shall be taxed, what shall be free I
and shall be the rule of luxation; in other wards, I
lo discriminate. This power of discriaiiiistiae
may, however, be exercised for two purposes : first I
for revenue ; second, for protection. Tito Senator
from South Carolina admits the first, in tho defini
tion which he gives of a proper revenue tariff, and io
the different rates of duly which he proposes on lb*
luxuries of the rich and the necccssaries of the poor.
Tlie Senator from Missouri admits both, and is no-
willing to ubandon the protection lo a proper t iled
nod in a proper degree of the domestic industry » |
our people. As between him, therefore, and thoss |
who are denominated advocates of protection, tb* i
difference is merely a question of degree. Bsl
duos not the sntne consequence, as to tlte queslio*
of power, result inevitably front tlte argument of j
the Senator from South Curolina 1 He would dm
criminate for the purpose of revenue ; that i* bj
would impose duties on such articles and at ,u *"
rats as would best secure an adequate income to lbs
Government. Titus lur I agree his dincriminaUJ*
is for revenue merely. But he goes further: **
would discriminate between the articles "bteb
ministe r ,o the luxury of the rich and tho»e wlw I
substtrvo the necessities of the poor, am* * I
Invor of the latter. The motive i» g u0,l, l
the act would be praiseworthy, if H-* f’ ur ^21
could not better accomplished otherwise ; be* “ I
surely U not discrimination fot'.he purpose ol I