JANUARY, 1833.] honest claimants. "Commit the Government | appears, 1st. That, though we disavow the acts of Matthews, we are determined to retain possession of that portion of Spanish territory which he had seized on; and, 2d. That the disavowal does not extend so far as to prevent us from obtaining the most full and perfect indemnity for those who had assisted him, though it does extend to exempt us from all, and every obligation, to make satisfaction to those who had suffered by his acts; in other words, the acts of Matthews, though unauthorized, are obli on no point further than may be necessary." But, sir, here is the important postcript to this preliminary document: If Governor Folk should obstinately require, and pertinaciously insist, that the stipulation for the redelivery of the province should also include that portion of the country which is situated west of the river Perdido, you are, in yielding to such demand, only to use general words that may, by implication, comprehend that portion of the territory." This doctrine of implication was most beauti-gatory on us to protect those who were deceived fully and practically commented upon by the by him, but not to indemnify those who were Sultan Mahomet, who, as we are told by Gro- injured by him. An unauthorized adventurer, tius, "upon the taking of Euboea, cut a person holding an American commission, at the head asunder in the middle of his waist, to whom of American troops, marches into a neutral he had made a promise that he would not hurt country and lays it waste; his acts are disaa hair of his head." I have cited these pas- vowed by the Government, but the Government sages, as well to show the whole uniform ten- is bound to protect those who joined him, relydency of the measures taken and pursued by ing on their support against the vengeance of the United States in her operations in the their offended laws. But he who resists their Floridas, as to prove that Matthews was justi- advances, acting as they were against the laws fied by his instructions in the course he adopted of Spain, and the force of treaties; he who re-instructions, as I have said before, mostly sists, and is ruined, can demand no satisfaction. discretionary, and seldom specific, unless to "The United States are only responsible for dictate a promise that may deceive, without their own acts-and this is an act of Matthews. being obligatory to the maker. With such in- True, if you have been a wrong-doer with him, structions before him, it is not to be wondered we will see that no power can harm you: thus at that the acts of Matthews were such as could far are we bound; but if you have been injured not be openly justified by our Government. by him who bears our commission, and comSuffice it to say, that, on the reception of a mands our troops, or by his associates who we letter from that officer, dated the 14th of March, protect, we cannot remunerate you; we are not he was immediately notified from the Depart- bound by the acts of Matthews." By the laws ment of State, in a despatch of the 4th of April, of nations he is deemed a principal offender "that the measures he had adopted were not "who is guilty of certain acts of negligence to authorized by the law of the United States, or prevent them, as well as by actual commission; the instructions founded on it, under which he that urges to the commission of it; that gives had acted," and the powers of which he is di- all possible consent; that aids, abets, or in any vested, are bestowed on Governor Mitchell, of shape is a partner in the perpetration of it." Georgia. The Governor is directed to surrender (Gro. B. C. 17, 5, 6.) Vattel ranks all as assoFernandina, &c., on terms, viz: that the inhabi- ciates "who are really united in a warlike assotants should be protected from the vengeance of ciation with our enemy; who make a common the Spanish authorities, and not to withdraw cause with him." (B. 3, 6.) It is idle to quote his troops until that security is guaranteed. passages of law on a point as plain as this is. "You are to report to the Government the re- If a nation would disavow the acts of her officer, sult of your conferences with the Spanish author- she must punish the offender; she must cause ities, with your opinion of their views, holding, him to make satisfaction if he is able, and if in the mean time, the ground occupied." And not, she must do it for him. "Sovereign princes so fully was Mitchell persuaded of the intention are answerable for their neglect, if they use not of the Government, on this point, that he all the means within their power for suppresswrites expressly to the Secretary of State, ing piracy and robbery." (Gro. 2, 17, 20.) It "that he knew it had never entered into the even frequently happens that the injury is done contemplation of the Executive to have the by minor persons, without their sovereign havtroops withdrawn from Florida." "In the ing any share in it; and, on these occasions, measures lately adopted by General Matthews it is natural to presume that he will not re(says Mr. Monroe to Governor Mitchell, 10th, fuse us a just satisfaction. When some petty April, 1812,) to take possession, it is probable officers, not long since, violated the territories that much reliance has been placed by the peo- of Savoy, in order to carry off from thence a ple who acted in it, on the countenance and noted smuggling chief, the King of Sardinia support of the United States. It will be impos- caused his complaint to be laid before the King sible to expose these people to the resentment of France, and Louis XVI. thought it no degraof the Spanish authorities," &c.; "you will, dation to his greatness to send an ambassador however, come to a full understanding with the extraordinary to give satisfaction for this vioSpanish Governor on this subject, and not fail lence. (Vattel, B. 2. C. 18, 8, 338; see further to obtain from him the most explicit and satis-on this subject, Vattel, B. 2. C. 6. Sec. 76, 77, factory assurances respecting it." From this it and 78; same author, B. 4, 7, 84, and Gro. B. 2, H. OF R.] The Tariff Bill-Reduction of Duties-Mr. Verplanck's Bill. (JANUARY, 1833. C. 18, 5, 4.) It is idle, then, to disavow re- Whilst our troops were thus sustained in a foreign territory, whose inhabitants, using every These, sir, are the facts upon which the inhabitants of East Florida rest their claims to indemnity for the spoliations of the American MONDAY, January 14. effort of which they were capable, to repel an The Tariff Bill-Reduction of Duties-Mr. Verplanck's Bill. The House again went into Committee of the Whole, Mr. WAYNE in the chair, and resumed the discussion of the Tariff bill. from any part of the country, in favor of the bill; and, if a judgment was to be formed from what had taken place, thus far, there was reason to apprehend that neither they nor the country, were to be favored with any new light, or any new facts, or considerations on which the House was pressed to pass so very extraordinary and wholly unexpected a measure. invasion which our relation with the mother country rendered more unjust and oppressive, it was to be expected that much violence should be used on both sides; that much oppression of persons and destruction of private property should result. In this individual instance, it is Mr. ELLSWORTH, of Connecticut, rose He said believed that the waste of private property was that when the honorable chairman of the Comwanton and extensive. The letter of Colonel mittee of Ways and Means had introduced Smith uses the strongest language to show the this bill into the House, he had accompanied ruin following in the train of our armies: "The it with a few remarks of a general character, inhabitants have all abandoned their houses all of which were very pertinent and proper; and as much of their movables as they could but, since that time, the committee had not been not carry with them." And further, "the prov-favored with the views of any one gentleman, ince will soon become a desert." And the investigations had before the courts in that territory, in pursuance of an act of Congress, approved 3d March, 1823, prove that the inhabitants of East Florida were driven from their homes by the American soldiery; that their houses, farms, and orange-groves were wasted; that their stock was destroyed, and their slaves, to a large amount, were enticed or forced away, and many He regretted this the more, the more he lookdriven to seek protection amongst the Indian ed into the bill, and reflected on the principles tribes, from whom they have never been re-it contained and the consequences likely to follow claimed: Such are the facts in the case of the it. Congress had never legislated on a measure inhabitants of East Florida. These sufferers are which, if adopted, would tell more in our funow no longer foreign subjects. They have ture history. He repeated it, that such a bill now no separate Government to which to ap- should have been introduced, and an attempt peal for a redress of grievances. They had made to force it through the House, without fondly hoped, that when their impotent master one word being said by those who were in favor had transferred them over to a free and grow- of its passage, was most unexpected indeed. So ing republic, that a full adjustment of their soon as this bill should have passed both Houses claims, a full security for payment and satisfac- of Congress, and received the Executive signation, was guaranteed by the treaty of cession: ture, millions of property which had been inand they might still more fondly have hoped, vested in establishments that had grown up that, if any doubt could arise in the construction under the sanction, and on the good faith of of a clause so remedial and so just, that our the Government-property, not of the "sumpGovernment would allow some little weight to tuous manufacturer" merely, (as he is called in the equity of the claim; that we would not con- the South,) but, of the working, laborious, comstrue an ambiguous promise to pay, "a promise mon people; the laboring community would be by implication," into a total release from an deprived of its value, and all the thousands, yes, obligation so cogent and so binding before the the millions of these laborious citizens, would promise was made; but, alas! they are deceived. find their condition in one moment greatly Two succeeding administrations have construed changed. The rich would become poor, and the treaty so as to close against them the the poor idle and wretched. Thus far they door of hope. Thus, sir, are these people in- had lived under a Government of some degree jured and deceived; ruined by our arms when of uniformity, and had calculated, as they had Spanish subjects, transferred to us their debtors, reason to calculate, that that uniformity would, they have none to intercede for them. The to a certain extent, be preserved; but now transfer, from which they had hoped so much, has they would, in one moment, find its policy rebetrayed them; because, in the language of versed, and themselves reduced to the utmost poetry, "it has held the word of promise to the distress. He had been told by gentlemen out ear, and broke it to the hope." It has made of the House, he had not heard it from any in us their creditors by our wrong, and then closed the House, that the people of the South were against them the avenues of redress, by pur-looking with anxiety for this bill. He did not JANUARY, 1833.] The Tariff Bill-Reduction of Duties-Mr. Verplanck's Bill. [H. OF R. which had produced such a bill, would he not say, the discontents in South Carolina? No man, woman, or child, could doubt the fact. doubt such was the fact. But gentlemen ought | asked out of the House what was the cause not to forget that it was not the South alone, but the entire population of his portion of the country, who were looking to the fate of the bill with the most intense anxiety; and he did not hesitate to declare there, in his place, that if this bill should ever become a law, it would prove the winding-sheet of New England. be convinced that there existed some real grievance, for the removal of which they were called on to make so great a sacrifice. Nothing else would ever induce them to forego the advantages they now enjoyed. In relation to this matter, the first question he should ask was this: Were they not bound, in endeavoring to relieve the people from the burden of taxation, to see that they did not Standing there to speak the language of his merely change the scene of the discontent? constituents, the first remark he should make It was known to all, that during the late war, upon the measure proposed, was, that it was very deep discontent had existed in one quarter exceedingly premature and hasty. He asked of the Union in relation to the General Govgentlemen who pressed a bill like this, whether ernment. He had the authority of a gentleman the bill itself had yet so much as reached all from Georgia, for saying, that the country was their constituents? They must answer, no. A near revolution. But let the House, while it bill lowering duties of itself six millions, and was endeavoring to appease his friends at the going into operation within forty days, and, South be cautious that they did not, as he had together with the reductions made by the said, merely change the scene. He thought there tariff act of the last session, proposing to reduce was no just cause for demanding from the North the revenue at one blow, from twenty-five so great a sacrifice. The first question asked of millions of dollars to twelve millions and a him by his constituents would be, Will South half; a bill of such momentous consequence to Carolina be any better off when the tariff is every portion of the country; a bill containing annihilated? He feared he should not be able principles which subverted the entire policy of to give an answer such as should be satisfactory the country, was pressed to its passage, in sullen to the people of South Carolina. It was very silence, before it had even been seen and ex-important that the people of the North should amined by one-half of the American people. When that bill should have reached them, what did gentlemen suppose would be their answer? He would make his appeal to the representatives of that great State which had taken the lead in the school of protective policy: has Pennsylvania said the tariff needs to be revised? Let her representatives speak, if it be so. And he asked, what had been heard from the "empire State," as it had justly been denominated? Had any voice come from New York indicative that the country desired such a measure as this? Had any voice been heard from New England? Not a breath had reached that House, declaring such was the people's will. A deep and universal alarm was beginning to pervade New England; nor would the voice of approbation come, wait ever so long. He feared lest one portion of the American people, who had been forced into their present pursuits by the votes of the South, and who had ever since been led on from step to step, from tariff to tariff, by that House, when they learned the measure that was preparing for them, would look upon their fields and their factories with sorrow, and learn to hate a Government so fickle and so faithless. He feared that, should this bill pass into a law, the consequence would be, not only distress and heart-burnings, but, in the end, a settled hatred to the Government; a hatred far beyond any thing that had been felt in the South. But he would now proceed to that which, after all, was the real cause of this bill. He meant the discontents in the South. He hoped that his honorable friend, (Mr. MCDUFFIE,) for such he esteemed him, who so ably represented the views of the South, would not charge him with any disrespect. But, might he not say, that if any member of the House should be Mr. BRIGGS of Massachusetts said: I need not say to you, Mr. Chairman, that the State of Massachusetts is deeply interested in the tariff. The people of the district which I have the honor to represent, have a capital of more than two millions of dollars dependent, in a great measure, upon the fate of the bill on your table. I shall vote against the bill, and the facts already named constitute my apology for throwing myself upon the indulgence of the committee, long enough to state my reasons for that vote. Sir, at the last session of this Congress, a law was passed upon this identical subject, after a protracted and full discussion. It was carried by an unusually large majority of both Houses of Congress, and received the prompt sanction of the Executive. It was passed as a measure of peace and conciliation. That law had not yet taken effect, and its operation upon the revenue, or upon the great interests of the country, can only be known by experiment. It is certain, however, that under it, a large amount of revenue will be reduced, and it may produce a very sensible effect upon some of the manufacturing interests. The most strenuous opposers of the tariff, at the last session, professed a willingness to reduce the revenue by a cautious and gradual process, so as not suddenly to ruin the manufactures. Where now is the necessity of departing from that principle of action, by demolishing the law then passed, before its effects can be known? It would be an unheard of course of legislation, in this or any other country, for the same men H. OF R.] The Tariff Bill-Reduction of Duties-Mr. Verplanck's Bill. [JANUARY, 1833. to repeal a law upon a subject which involved | to be satisfactory. To enable us to carry these the vital interests of the country, and which principles into operation, it is important to they had passed upon the most careful and know, as near as may be, what amount of imdeliberate consideration, before it should have ported dutiable articles are consumed in the gone into operation, and when the circum- different States of this Union. In the final stances of the country had undergone no adjustment of the tariff to the revenue standard, change demanding a precipitate repeal or alter- this essential information cannot be dispensed ation. After so much time had been spent at with without the hazard of doing great injusthe last session, and a bill passed upon the tice somewhere. This knowledge, so indispenavowed principle of compromise and conces-sable to right action upon the subject under dission, the people did not expect that the question cussion, is not within our reach, and cannot would be again agitated at this session, before be during the present session. Our treasury they could see and understand the bearing and is now empty; the national debt is not yet effect of the law then passed. extinguished; the amount of revenue which may be required for the current, and the coming year, cannot be precisely ascertained; and as the officer in the financial department of the Government does not call for an immediate reduction of the duties, the passage of the bill, at the present session, would seem to me to be an act of precipitant and hazardous legislation. The committee present their plan as a permanent revenue measure. This consideration heightens the importance of mature deliberation before we settle down upon it. The committee who recommend this measure, urge, as a reason for its adoption, that the revenue must be reduced to the wants of the Government. I readily concede this point. I trust all will admit, that after the national debt shall have been paid off, the amount of revenue to be raised must be limited to the sum required to defray the ordinary expenses of the Government, and to meet such authorized constitutional expenditures, as shall be necessary "to provide for the common defence, and promote the general welfare" of the nation. But, sir, the precise amount which would be required for these objects, and the particular sources from which it should be raised, are grave and important questions, which, under the present condition of the country, demand grave and deliberate investigation. Mr. Chairman: The bill on your table, under the form of a simple revenue measure, proposes to change the great policy of this Government. Is this policy one which has suddenly started into life? Is it, as has frequently been alleged upon this floor, the creation of a tyrannical and reckless majority, impelled to action by motives of selfish sordidness, regardless of the interests, and trampling upon the rights of the minority? No, sir, it claims a higher origin, a nobler purpose. If the entire revenue is to be raised from import duties alone, justice requires that it should be drawn in equal proportions from the people of the different States, and the different sections of the country. But how shall this be done? It by no means follows, than an equal rate of duty upon all the imported articles, would produce this result. It may happen that the same number of people in one State, from their habits, business, or climate, consume a much larger amount of imported articles, than the same number of people in other States, and thus made to contribute more than their justury Department, and the uniform tenor of proportion of the public revenue. The policy of developing and bringing forth the rich, and exhaustless resources of our extended country, by fostering and protecting domestic manufactures, has engaged the anxious and continued attention of this Government from the adoption of the constitution. This position is maintained by a reference to the course of legislation, the reports from the Treas Executive messages from the time of Washington to the present day. And, sir, I shall be much disappointed if it does not turn out, upon examination, that it has been the favorite scheme of the great leading statesmen of the South. I will not consume the time of the committee by talking about the second act of this Government, passed on the 20th July, 1789, the very preamble of which declares it necessary to lay duties "for the encouragement and protection of manufactures." On the contrary, it might be found upon full and careful examination, that a duty upon a comparatively few articles of importation, would, by reason of the generality of their use in all parts of the country, afford the necessary revenue, and make a just and equal distribution of taxes among the people of the several States. If a system could be devised, by which a sufficient amount could be raised by a fair and equitable distribution of the duties to be paid, and, at the same time, preserve and sustain the great and varied interests of the country, I am not able to discover what reasonable objection could be interposed against its adoption. Though the practical operation of such a system might be more beneficial to one portion of the country than to another, yet if it operated no injury to that other portion, and was uniform and impar-appear eligible." tial in the contributions which it would draw In relation to the same object, President from every part, it would be just, and ought Jefferson, in his closing message, communicated In his last message delivered to Congress, in December, 1796, President Washington says: Congress have repeatedly, and not without success, directed their attention to the encouragement of manufactures." "The object is of too much consequence not to ensure a continuance of their efforts in any way which shall JANUARY, 1833.] The Tariff Bill-Mr. Verplanck's Bill-Distribution of Surplus Revenue. TUESDAY, January 15. [H. OF R. Distribution of Surplus Revenue. in November, 1808, has the following remarks: | proclaimed to be so essential to national pros"The situation into which we have been thus perity in a region, where, then, the domestic forced, has impelled us to apply a portion of policy was declared to be the sure foundation our industry and capital to internal manufac-of public prosperity and permanent indepentures and improvements. The extent of this dence. Sir, impartial history has recorded all conversion is daily increasing, and little doubt these matters, and they will stand out on the remains that the establishments formed and future page as subjects of curious speculation forming, will, under the auspices of cheaper to those who shall come after us. materials and subsistence, the freedom of labor from taxation with us, and of protecting duties, and prohibitions, become permanent! Protecting duties and prohibitions! Yes, Mr. Chairman, in 1808, Mr Jefferson, the President of the United States, the great republican leader, the strict and able expounder of the constitution, the highest authority of political orthodoxy, of the present day, in one quarter of this Union, could officially speak of rendering manufactures permanent by protecting duties and prohibitions, without lighting the torch of civil discord, or shaking the integrity of the Union. But now, sir, the name of this great man is relied on by those who profess to be his true followers, to show that laws which create protecting duties, "are plain, palpable, and dangerous violations of the constitution,' and that the States which oppose them, have a right, if not to nullify, to recede from the Union, if they are not repealed. Mr. STEWART offered the following preamble and resolution, and moved that it be laid upon the table: Whereas it was declared by the President of the United States, in his message at the opening of the first session of the twenty-first Congress, that, after the extinction of the public debt, it is not probable that any adjustment of the tariff, on principles satisfactory, will, until a remote period, if ever, leave the Government without a considerable surplus in the treasury beyond what may be required for its current services; and that, in his opinion, "the most safe, just, and federal disposition that could be made of the surplus revenue, would be its apportionment among the several States, according to their representation," which recommendations have been since reiterated in subsequent messages from the same high source: And whereas the President has congratulated Congress, at the opening of the present session, upon the near approach of the period referred to, when the public debt will be entirely extinguished, and a considerable surplus remain in the treasury; therefore, Resolved, That the sum of five millions of dollars (if the surplus revenue shall amount to so much) shall be annually apportioned among the several States, according to their representation; one moiety thereof to be appropriated to works of improvement of a national character, and the other to the purposes of general education; and that the Committee on Roads and Canals be instructed to report a bill accordingly. Great efforts were made by the leading republicans of that day, to give popularity to the plan of building up domestic manufactures. The prominent newspapers of Virginia, and of the South led the van, and urged on their followers in the patriotic service. The committee will recollect the numerous extracts to show the sentiments of Southern men on this subject, read from a volume of the Richmond Enquirer, taken from the library of Mr. Jefferson, by the honorable gentleman from Philadelphia, (Mr. SUTHERLAND,) in the course of his very able and eloquent speech at the last session of this Congress. The sentiments, toasts, and resolutions at public dinners, and Fourth of July celebrations, clearly show what, in those days, was the current of public opinion. It was in 1808 that Mr. Jefferson in a letter addressed to his friend Thomas Leiper, Esq., of Philadelphia, in strong terms, spoke of building up domestic manufactures, as the "true republican policy." He said it was the design and policy of "New England federalists" to continue a commercial people, and thus keep up a dependence on foreign nations for a supply of manufactured articles. With an adroitness peculiar to himself, he sought to identify the opposition to his favorite system, with the opposition to the party of which he was the head. New England was then suffering under the restrictive system of the General Government, which bore upon her with peculiar weight and severity. Her people were necessarily and essentially a commercial and navigating people. They were then the stout advocates of those free trade principles which the national legislation afterwards com- Mr. WILDE said that, in a crisis like the prespelled them to give up, and which are now lent, he could not withdraw his motion, though Mr. WILDE moved the question of consideration, viz: Will the House now consider the resolution? Mr. STEWART Suggested to the gentleman from Georgia, that the resolution might be suffered to lie upon the table. Mr WILDE demanded the question of consideration. Mr. STEWART inquired of the Chair, if the refusal now to consider would preclude him from moving its consideration hereafter? Being informed that it would not, he said he did not wish the House now to consider the resolution, but that at some future day, after time had been afforded to examine it, he would move for the consideration of the subject. |