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. In presenting the modification of the tariff laws which I am now about to submit, I have two great objects in view. My first object looks to the tariff. I am compelled to express the opinion, formed after the most deliberate reflection, and on a full survey of the whole country, that, whether rightfully or wrongfully, the tariff stands in imminent danger. If it should even be preserved during this session, it must fall at the next session. By what circumstances, and through what causes, has arisen the necessity for this change in the policy of our country, I will not pretend now to elucidate. Others there are who may differ from the impressions which my mind has received upon this point. Owing, however, to a variety of concurrent causes, the tariff, as it now exists, is in imminent danger; and if the system can be preserved beyond the next session, it must be by some means not now within the reach of human sagacity. The fall of that policy, sir, would be productive of consequences calamitous indeed. When I look to the variety of interests which are involved, to the number of individuals interested, the amount of capital | invested, the value of the buildings erected, and the whole arrangement of the business for the prosecution of the various branches of the manufacturing art which have sprung up under the fostering care of this Government, I cannot contemplate any evil equal to the sudden overthrow of all those interests. History can produce no parallel to the extent of the mischief which would be produced by such a disaster. The repeal of the edict of Nantes itself was nothing in comparison with it. That condemned to exile and brought to ruin a great 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 fore we know any thing of its experimental effects, and even before it commences its operations, we are required to repeal it. On one side we are urged to repeal a system which is fraught with ruin; on the other side, the check now imposed on enterprise, and the state of alarm in which the public mind has been thrown, render all prudent men desirous, looking ahead a little way, to adopt a state of things, on the stability of which they may have reason to count. Such is the state of feeling on the one side and on the other. I am anxious to find out some principle of mutual accommodation, to satisfy, as far as practicable, both parties; to increase the stability of our legislation; and at some distant day, but not too distant, when we take into view the magnitude of the interests which are involved, to bring down the rate of duties to that revenue standard for which our opponents have so long contended. The basis on which I wish to found this modification, is one of time; and the several parts of the bill to which I am about to call the attention of the Senate, are founded on this basis. I propose to give protection to our manufactured articles, adequate protection, for a length of time, which, compared with the length of human life, is very long, but which is short in proportion to the legitimate discretion of every wise and parental system of government; securing the stability of legislation, and allowing time for a gradual reduction on one side, and on the other proposing to reduce the rate of duties to that revenue standard for which the opponents of the system have so long contended. I will now proceed to lay the provisions of this bill before the Senate, with a view to draw their attention to the true character of the bill. 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. 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 yielded but eight or ten millions, and paid so much less of the debt. Sometimes we had to trench on the sinking fund. Now, we had no public debt to absorb the surplus revenue, and no motive for continuing the duties. No man can look at the condition of the country, and say that we can carry on this system, with accumulating revenue, and no practicable way of expending it. The third mode was attempted last session, in a resolution which he had the honor to submit last year, and which, in fact, ultimately formed the basis of the act which finally passed both Houses. This was to raise as much revenue as was wanted for the use of the Government, and no more; but to raise it from the protected, and not from the unprotected articles. He would say, that he regretted, most deeply, that the greater part of the country would not suffer this principle to prevail. It ought to prevail; and the day, in his opinion, would come, when it would be adopted as the permanent policy of the country. Shall we legislate for our own wants, or those of a foreign country? To protect our own interests, in opposition to foreign legislation, was the basis of this system. The fourth mode in which protection could be afforded to domestic industry was, to admit, free of duty, every article which aided the operations of the manufacturers. These were the four modes for protecting our industry; and to those who say that the bill abandons the power of protection, he would reply, that it did not touch that power; and that the fourth mode, so far from being abandoned, is extended and upheld by the bill. The most that can be objected to the bill by those with whom he had co-operated to support the protective system was, that, in consideration of nine and a half years of peace, certainty, and stability, the manufacturers relinquished some advantages which they now enjoyed. Mr. C. concluded with asking leave to introduce his bill. [FEBRUARY, 1833. Mr. FORSYTH presumed, he said, that the motion 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. Mr. CALHOUN would make but one or two observations. Entirely approving of the object for which this bill was introduced, he should give his vote in favor of the motion for leave to introduce it. He who loves the Union must desire to see this agitating question brought to a termination. Until it should be terminated, we could not expect the restoration of peace or harmony, or a sound condition of things, throughout the country. He believed that to the unhappy divisions which had kept the Northern and Southern States apart from each other, the present entirely degraded condition of the country (for entirely degraded he believed it to be) was solely attributable. The general principles of this bill received his approbation. He believed that if the present difficulties were to be adjusted, they must be adjusted on the principles embraced in the bill, of fixing ad valorem duties, except in the few cases in the bill to which specific duties were assigned. He said that it had been his fate to occupy a posi tion as hostile as any one could, in reference to the protecting policy; but if it depended on his will, he would not give his vote for the prostration of the manufacturing interest. A very large capital had been invested in manufacturers, which had been of great service to the country; and he would never give his vote to suddenly withdraw all those duties by which that capital was sustained in the channel into which it had been directed. But he would only vote for the ad valorem system of duties, which he deemed the most beneficial and the most equitable. At this time, he did not rise to go into a consideration of any of the details of this bill, as such a course would be premature, and contrary to the practice of the Senate. There were some of the provisions which had his entire approbation, and there 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 FEBRUARY, 1833.] Revenue Collection Bill-Tariff Resolutions. [SENATE. 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. It was decided by yeas 5, nays 28. On motion of Mr. CALHOUN, the bill, as amended, was ordered to be printed. WEDNESDAY, February 13. Mr. WEBSTER rose, and stated that, in pur 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 laws 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: 1 shall, therefore, vote for the leave. But I feel it my duty, Mr. President, to say a word or two upon the measure itself. It is impossible that this proposition of the honorable member from Kentucky should not excite in the country a very strong sensation; and in the relation in which I stand to the subject, I am anxious, at an early moment, to say, that as far as I understand the bill, from the gentleman's statement of it, there are principles in it to which I do not at present see how I can ever concur. If I understand the plan, the result will be a well-understood surrender of the power of discrimination, or a stipulation not to use that power, in the laying duties on imports, after the eight or nine years have expired. This appears to me to be matter of great moment. Mr. FORSYTH expressed regret that he should have created so much discussion. He did not oppose the object of the bill; he would not have raised his voice on the subject, if the motion did not call on him to violate a provision of the Constitution of the United States. A bill of this character, however, ought to pass first under the consideration of the immediate representatives of the people. He refused leave to introduce this bill, because the constitution forbids that the first action on a bill of this character should be in the Senate. The call for the yeas and nays was then, with the assent of the Senate, withdrawn. The question was then taken on granting leave to introduce the bill; which was decided in the affirmative, and the bill read the first time. Mr. FORSYTH moved that the bill be now read a second time, with a view to its commitment. This motion requires the unanimous consent of the Senate. Mr. DICKERSON objected, on the ground that it was too important a bill to be hurried through its stages. On motion of Mr. FORSYTH, the bill was ordered to be printed. Revenue Collection Bill. The Senate then proceeded to consider the bill to provide further for the collection of the duties on imports. The question being on the motion of Mr. day, he wished now to lay on the table some resolutions, expressive of his opinions on the important subjects in relation to which a bill was presented to the Senate yesterday. The resolutions were then read, as follows: Resolved, That the annual revenues of the country ought not to be allowed to exceed a just estimate of the wants of the Government; and that as soon as it the rates of duties on imports, as established by the shall be ascertained, with reasonable certainty, that act of July, 1832, will yield an excess over those wants, provision ought to be made for their reduction; and that, in making this reduction, just regard should be had to the various interests and opinions of different parts of the country, so as most effectually to preserve the integrity and harmony of the Union, and to provide for the common defence, and promote the general welfare of the whole. But, whereas it is certain that the diminution of the rates of duties on some articles would increase, instead of reducing, the aggregate amount of revenue on such articles; and whereas, in regard to such articles as it has been the policy of the country to protect, a slight reduction on one might produce essential injury, and even distress, to large classes of the community, while another might bear a larger reduction without any such consequences; and whereas, also, there are many articles the duties on which might be reduced, or altogether abolished, without producing any other effect than the reduc tion of revenue: Therefore, Resolved, That, in reducing the rates of duties imposed on imports by the act of the 14th of July aforesaid, it is not wise or judicious to proceed by way of an equal reduction per centum on all articles; but that as well the amount as the time of reduction ought to be fixed, in respect to the several articles distinctly, having due regard, in each case, to the questions whether the proposed reduction will affect revenue alone, or how far it will operate injuriously on those domestic manufactures hitherto protected; especially such as are essential in time of war, and such, also, as have been established on the faith of existing laws; and, above all, how far such proposed reduction will affect the rates of wages and the earnings of American manual labor. Resolved, That it is unwise and injudicious, in regulating imposts, to adopt a plan, hitherto equally unknown in the history of this Government, and in the practice of all enlightened nations, which shall, either immediately or prospectively, reject all discrimination on articles to be taxed, whether they be articles of necessity or of luxury, of general consumption or of limited consumption; and whether they be, or be not, such as are manufactured and produced at home; and which shall confine all duties to one equal rate per centum on all articles. Resolved, That since the people of the United SENATE.] Revenue Collection Bill-Nullification. [FEBRUARY, 1833. 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, States have deprived the State Governments of all | given for President and Vice President, and power of fostering manufactures, however indispen- were waiting to receive the Senate. sable 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. 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. 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 the Union. As members of this body, said he, we have all sworn to support the constitution, and I concede to each as earnest a desire to fulfil this duty as I know that I myself feel. Mr. CLAY expressed indifference as to the committee to which the bill should be referred. He would be willing to send it to the Comunittee on Manufactures, with whom, he took pleasure in saying, he had always acted harmonious-I, sir, am proud to be an American citizen; I ly, 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. 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 |