MARCH 6, 1828.]

Tariff Bill.

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nufactures, in their report, admit that but a "partial mar-less advance to the discussion of this intereeting question. ket" can be afforded by the adoption of their scheme; Some gentlemen suppose that we, who are opposed to this "not profitable," they say, "but better than an entire bill, are opposed to all "tariffs;" but it is not so. Who is loss." there what intelligent citizen is opposed to a moderate,

The report of the Committee on Manufactures would seem also to represent that the production of grain in the interior and western country, is an entire loss to the farmer. But the testimony taken before that committee, shows that the farmers "raise all the corn they can,' 39 that the distilleries "afford a market for the surplus grain" -that "whiskey is the largest article of exportation" and that the distillation is now increasing. From these facts, we are led to infer that this species of agriculture in the west is not ruinous, but rather in a prosperous condition, and that the labour devoted to the culture and production of grain finds a reward.

It is represented that the grain in the interior and wes-judicious, and constitutional tariff! None; no, not one. The tern country must, from the inherent weight of the arti- Constitution gives to the General Government great pow. cle, ever be confined to a limited market; but if converters. It has surrendered the purse of the nation to Congress. ed into spirit, would bear the expense of distant transpor- At the moment of the surrender, the framers of the Constitation, and supply the consumption of a wider extent of tution knew the magnitude of the grant. They knew population. But the whiskey manufactured at the west, that man was fond of power, seized it with avidity, and has already a market that is extensive, and is rapidly in- was prone to abuse it, They knew, too, that in bad times, creasing. It is the principal spirit which is drank beyond bad men might convert the power of taxation into levers the Alleghany mountains; and by the great facilities of by which to raise the moral and political world from their water communication, it flows in vast quantities to the proper places. Hence the framers of the Constitution seaboard, supplies a large share of the consumption in threw around the grant of power to impose taxes, wise the Atlantic and Eastern States, and possesses the con- and salutary restrictions, on the observance of which, troling advantage of underselling in all our markets, and every thing depended. Do you wish this government to at a profit to the western farmer and distiller, any of the attain an enviable perpetuity? Do you wish it to stand liquor that is manufactured in New England, either from like a rock in the ocean of time, superior to the storms of the foreign or domestic materials. faction, and assaults of ambition? Regard those restrictions. Yes, the Constitution authorizes you to levy direct taxes on the lands, houses, and slaves of your citizens. But, Sir, this is a power too delicate and dangerous for the government to exercise in this country, except in dif. ficult and trying times. It can only safely be exercised in war, or in preparing for war. In such a contingency, it would be acquiesced in; nay, supported by the people. The pride of valor, and the love of country, would then sustain its exercise. The framers of the Constitution knew this, and hence they provided that the General Go. vernment, from time to time, might impose such duties on imported articles as would be sufficient to sustain the government in the exercise of its delegated powers, pay the public debts, and defend the country. In the imposition of duties on imported articles, you may go to the ut most verge of those great constitutional limits; beyond, the ground is holy, and, for one, I will not occupy it. De. monstrate that additional duties on imported woollens, &c, &c. are necessary to support the government, pay the national debt, and defend the country; and if other arti cles on which it is more prudent to lay them, cannot be found, then I shall consider myself bound to support the general system; but that is not pretended. The present revenue is not only sufficient to support the government, fortify the sea ports, and increase the navy, but to pay off the debt as fast as it becomes due. Sir, by the Constitution you can impose duties only for revenue. Examine the Constitution, line by line, sentence by sentence, and show, if you can, a clause which authorizes duties on imported articles, for purposes other than revenue. In my opinion, such grant of power cannot be found. If it had been the intention of the framers of the Constitution to have authorized the imposition of duties for any other purpose than revenue, would they have omitted science -that science which contributes more than any thing else to the preservation of our free institutions? The provision in the Constitution which authorizes Congress to secure for a limited term of years to artists and authors the fruits of their labour, confirms me in the opinions I have expressed. Why then did they omit to give to Congress a grant to effect, if in their power, a wide spread of science? That science which paved the way to our independence, and secured our civil and religious liberties;

It is true that agriculture in general, throughout the United States, is much depressed, and less flourishing than in former years; an effect which is produced by the exclusion of our productions from the markets of Europe which we formerly enjoyed, and from the want of a mar. ket at home. These causes operate nearly in an equal degree upon most parts of the Union; and I presume that agriculture is at this time as prosperous in the west, as it is in the east or in the south.

The reference which I may have made in the course of my remarks to the different parts of the Union, arises not from any sectional prejudice or hostility, but is designed merely to point out the effect and operation of the proposed duty; and that, while it would be extremely oppressive to some portions of the country, it would not afford any essential relief or advantage to others.

Mr. CLAIBORNE said he rose with unaffected diffdence to address the committee. He was decidedly opposed to the principles of this bill, and more so to the amendment offered by the gentleman from Vermont. His constituents would, he thought, be seriously injured by the passage of either. He would, by way of preface, state a few facts which would show the truth of this declaration. The soil of the section of country he represented, was by no means ungrateful. The climate was favorable to the cultivation of most of the articles necessary to the comfort and accommodation of man. Nevertheless, from the earliest settlement of the country to this day, the people have devoted their time and labor to the culture of tobacco, almost exclusively. It was to the sale of that article they looked for the education of their children, the payment of their debts, and the purchase of many articles from the that diffusion of knowledge, that expansion of liberal people of the west and north west section of our country, opinion, which caused every man to estimate his own im. and the purchase of various articles of merchandize of for- portance-to feel that he was something, and not a cipher eign and domestic character. When he mentioned those on the muster roll of human beings-that science which facts, it would at once be seen what a deep interest they has proclaimed, and now maintains the independence of take in this question. This circumstance urged him to South America; and, at this moment, is raising the des. participate in this debate. He feared he did not possess cendants of Leonidas and Solon from the dust, to which that elocution (call it by what name you please) which they have been bound down for the last five hundred was calculated to fix and retain attention. But, said he, years by the iron hand of oppression, and is again exhibitit I had but one pebble from a brook, I would neverthe-ing them on the classic fields of Greece, in all the port

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Tariff Bill.

[MARCH 6, 1828.

he hoped, would not be unsettled by a system of legislation that he hesitated not again to say would produce the worst consequences. You may disguise matters as you may ; he considered this was a struggle to give ascendency and advantage to particular occupations in life, to the prejudice of others. The gentleman from Maine, [Mr. ANDERsoN] had shown, if this bill pass, the fair prospects of very many in his State would be overthrown-all those engaged in the molasses trade-the timber getting, and the fisheries, to the amount of some thousands, would be suddenly deprived of employments: his views were so satisfactory, and I believe unanswerable, that I shall not pretend again to exhibit them. Mr. C. said the question had been frequently discussed, which contributed most to the permanent prosperity of a nation-its agriculture its commerce, or its manufactures. He should not enter into this subject at large. He had made up his opinion, and, on a fit occasion, he felt no disposition to withhold it. This much would he say, that that country which was the most agricultural, would become the most commercial, and that agriculture and commerce united, would give birth to all these manufactories that were powerfully auxiliary to the navigation of the seas, or the cultivation of the earth, if all the occupations to which the labour of man could be devoted, that of cultivating the earth prom

When be saw great masses of the community quitting the cultivation of the earth to glean a living on the seas, or within the walls of a sickly manufacturing establishment, his mind was hurried into the opinion that the earth was burthened with a population beyond its ability to support, no matter how great the labor devoted to its cultivation. If this state of things in the occupations of men is brought about when the earth is able to maintain them, some writers have imagined it is produced by the mal-administratration of the government. The cultivation of the earth is the primitive and favorite pursuit of man.

and attitude of freemen? I answer, and say it was not one of the purposes for which the Federal Constitution was formed. Like every thing else, the care whereof is not expressly delegated to the General Government, it is left to the States, in other words, is retained by them. I shall hereafter mention other things just as important as manufactures, which are not named in the Constitution, and of course are beyond the control of the national legislature. Let us look back to the causes which led to the formation and adoption of the Constitution; it will throw light on this subject. When we dissolved the ties which connected us with a foreign power, we were held together by a pledge given by each State in the Union to all the others, that we would remain for ever an united people. This pledge was subsequently dignified by the name of confederation; it was predicted it would not answer the purposes for which it was intended; nevertheless it carried us through a long war, marked by suffering, misfortunes, victory, and glory, and at last secured our independence. The war was not over before it was evident that it would be impolitic to depend on it as a bond of Union. The events of the war had learned us this lesson. Congress, under the old confederation, depended on the voluntary contributions of the States to effect their objects. The States declined or complied with requisitions made on them at their pleasure. Perhaps, it may be said, hadised the longest and happiest life. Congress, under the old confederation, acted on the individuals of the community, instead of acting on sovereign States, the ranks of the army would have been fuller, the troops better paid, and our victories more signal. When peace came, what was the scene presented? Contracts previously entered into every day violated, debts, the price of our liberties, unpaid-an aggression on our soil, unredressed, a commerce decayed and decaying-and a credit annihilated, all admonished us of the necessity of having a government better calculated to preserve the Union, pay the public debts, establish credit, ensure domestic tranquility, and transmit to posterity the blessings If there be a chosen race of men, may we not say. 'tis of free government. This view is justified by the Con- the farmers, planters, and agriculturists. Among them you stitution itself. It conformed to the will of the people of rarely see the shivering pangs of want; to them ambition that day, like a faithful mirror; it reflected back on the never yet turned in pursuit of fit materials for civil 'strife people their opinions. The lights furnished by history and political volcanoes. In them you behold the votaries aid us in the interpretations of the Constitution, and au- of truth, and disciples of liberty, ever ready to show that thorize us to say, that all branches of human industry were devotion to the country, which is due to a just governleft to the protection of the States, except when other ment and wise system of laws. When the population has wise expressly provided for. [Mr. C. now enumerated advanced to that point, that the soil will not maintain it, the delegated powers in the constitution, which is the eagle-eyed sagacity of the citizen will open to him the here omitted, and then proceeded.] The power is given road to such employments as will best maintain him. by express words-to make all laws necessary and proper There will be no necessity for the Government to resort to carry into execution the delegated powers and grants. to a hot-bed system of legislation, to force into premature In construing grants, the correct jurist regards the letter, existence a number of sickly manufacturing establishand does not hunt after the intention, the quo animo: that ments, that will want constant aid from the Government. ignis fatuus which, like atmospheric vapour, pursues and When the population advances to that point, Government evades, and alternately imparts vitality and disease. has only to afford protection to all. Secure to every man, by What then do we complain of? We say this bill is in op- an even handed justice, the fruits of his labor, whether that position to the Constitution at the same time that it is labor is devoted to the cultivation of the earth, the naviga against the known will of a large number of the American tion of the seas, or the labors of the loom, anvil, or hammer. people, that it seeks to establish the principle that Con- Need I go further than our own country, for a happy ilgress at discretion may select particular branches of hu-lustration of the results flowing from a system of Governman labor, and promote them to the prejudice of all oth-ment, founded on the mild and philosophical principle I er branches of labor. Against this, Mr. C. said he entered his protest; and notwithstanding the patience with which he was now heard, he feared the bill would pass, and that a principle would be considered as settled, which would produce the worst consequences. The principle for which he contended, was, that, human labor, genius, industry, enterprize, and science, were all free in this land, subject to no control, but the individual discretion of each member of the community; yes, the minds and pursuits of men so far as they did not interfere with the harmony of society, the rules of polished life, and the laws of the country, were as free as the atmosphere by which we are surrounded. This happy state of things

here advocate? Under their influence, we have, from small beginnings, grown up into a great people-worthy the respect of the world. Sir, we must become a great agricultural, commercial, and manufacturing people. We must become, I say, a great agricultural people-we have a sufficiency of arable land, for the accommodation of the people of the present day. Nay, more, for the accommodation of our probable population, for five hundred years to come.

Here Mr. C., spoke at some length of the variety of climates and soils, and then continued, thus:

We must be a commercial people. The number, bulk, and amazing value of our surplus agricultural products,

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:

manufactures as much as they please-as circumstances
shew they are necessary-manufactures are the creatures
of necessity-the South, the North, East, and West will
betake to them when indispensable. What I complain of, is
this, that our laws oppress other branches of industry to
sustain them. I hold it to be good policy to let labor,
commerce, and enterprize, alone. Say to the citizen,
make your living by tilling the earth, navigating the sea,
or manufacturing, as you please, the government will guar-
antee to you the enjoyment of the fruits of your labor
from molestation. And to the merchant and farmer, I
would say, dispose of your produce where you can get
the best price, and buy where you can get the article
you want, the cheapest. When a planter sells a hogs-
head of tobacco, or a barrel of flour, does he stop to in-
quire whether the buyer be Jew or Gentile?" No; the
question is, what will you give? and in like manner, does
a labourer want a coat, his inquiry is, who sells the best
cloth and on the cheapest terms? Yes, let them remain
in statu quo for a few years. Husband your resources, en-
courage exports, pay off your national debt; that debt
that does not add a feather to your wealth, but produces
disparity in the situation of your citizens. It was contract.
ed to build up your liberties; discharge it, and, with the
blessings of God, your liberties will remain unimpaired
for ever. The national debt discharged, you become
strong beyond conception. If, hereafter, you are involv-
The world will confide in your firmness and integrity.
What nation ever exhibited so sublime a spectacle, as
the United States will then exhibit, having discharged a
national debt of $127,000,000? Some gentleman feel
little anxiety to pay off the national debt. The policy of
leaving it over for posterity has been hinted at; for my-
self, I am for paying it.

tion seduces your citizens to invest time and money in
those establishments; and unless you take a firm stand,
you must end in the Chinese system of exclusion. In
1824, the vote of the Massachusetts delegation encourag-
ed a belief that the manufactures there, were then pros-
perous; the increased duties laid that year seduced very
many to invest their capital in woollen manufactures,
Many entered into the business, no doubt, with borrowed
capital. What followed That which was to be appre-
hended competition was encountered at home, and from
abroad. The profits, at first large, are reduced, and now
comes the application for further protection; and no
doubt, in my mind, it will be continued until it works a
total exclusion. I say total exclusion. Think you that
you can constrain the nations of the earth to buy your
produce exclusively with money? China has heretofore
done so. It is said, by a Roman writer, that the East In-
dia trade was the gulf into which flowed the wealth of the
world, from the first dawnings of civilization to his time;
and I say, it continues, in a measure, so to this day. But
if their wealth in the precious metals has increased-in
science, arts and morals they yet rank among the half ci-
vilized nations of the earth, and we shall hardly take them
for our models. This system of exclusion I can never
agree to; a mutual exchange of commodities, or free com-
merce, makes the most distant people friends, and con-
verts the universe into a community of brothers. It is
said the manufacturers employ labour, capital, and furnished in war, you may borrow to any amount you may want.
a market for the surplus agricultural products, and on this
principle they should be sustained. We have imposed
already a heavy tax on the people, which operates in their
favor, a tax more than equivalent to the market they fur-
nish for agricultural products. But why look only to the
manufacturers? Do not other branches of industry em-
ploy capital, labour, and furnish a market for agricultural
products? I say they do. The merchants, farmers, me-
chanics, all classes of the community, may have the same
thing said of them with more or less truth, Before you
adopt this bill or the amendment, 'tis right to inquire in
to the productiveness of all branches of labor in the coun-
try. I believe if the woollen manufactories realize any
thing, they are doing much better than the most of the
farmers or planters; they are doing better than the tobac-
co raiser; his profits, in ninety-nine instances out of an
hundred, it is believed do not amout to one per cent. clear
of all expense. It is impolitic at all times for the govern-
ment to interfere with the industry, labor, and enterprize
of the citizen. If you undertake to control it, you are
under a moral obligation to sustain it, when it flows in un-
profitable channels. Is not this true? If you seduce
your citizens by premiums into particular pursuits, can
you withdraw those premiums without a breach of faith?
You cannot. Indeed I have long been persuaded that
much legislation on the tariff was prejudicial to the com-
munity. Let your laws, on this subject, be few; your ci-
tizens will understand them, and the children will learn
and obey them. The body politic may be compared to
an individual: if a perpetual change of regimen will destroy
an individual, improvident and repeated changes in the
law will disorder the body politic. The duties of the go.
vernment are great and arduous-but fewer in number
than some may be disposed to imagine. Solon, on being
asked, what was the best government, answered, that
which considered an injury to the least of its citizens an
insult on the community; no aphorism was ever more va-
luable. It inculcates the duty of the government, not on-
ly to the individual citizen, but to the community. It en-
forces the obligation to ensure personal security; proper-
ty, life, liberty, and reputation, and inculcates the invalu-
able doctrine for which I contend, that genius, enterprize,
industry, are all free, subject to the control of individual
discretion.

This, sir, is my doctrine. Let the people encourage

The debt paid, you are asked what will you do with the surplus millions that will flow into the treasury? The gentleman who asked the question, could readily answer it. He possibly would apply it to the Cumberland Road and Ohio Canal ; but I would leave internal improvements to the States. Ten millions of dollars deducted from the duties or taxes and left with the people, would benefit the people of the present day and all our posterity. How many permanent buildings would it put up? How many fields would it enclose with stone walls? How many acres would it fertilize with clover? It would add to the aggregate of innocent enjoyments, taste to our habitations, and enlarge the theatre of manufacturing enterprize. Yes,

say reduce the taxes as soon the national debt is paid. I will not, by my vote, endanger the exports or the imports. I will look at the condition of the whole country. Every where we see the cloud of distress. In vain we behold the golden coloured harvest-the canvass whitening every sea, and manufactures approximating to perfection. In vain science and enterprize draws wealth alike from the bowels of the earth, and the bosom of the great deep; in vain the powers of steam have been unfolded, and the elements of heaven hitched to the car of human industry to quadruple the products of the labours of man. The predictions of heaven must be fulfilledunfortunate man must toil, and with all the advantages of modern improvements, his pecuniary condition is but little bettered. Listen to the complaints of the people, and see how well the observations I make are justified. The manufacturer tells you his is a losing business, notwithstanding your generous protection. The merchant says, my profits are small, and precarious as an ocean's billow, that the trade is burdened as much as it can bear, that an additional feather will sink it perhaps forever. The farmer says the price of his produce is so low, that he does not realize one per cent, on his whole capital; he complains of the taxes, he tells you five cents on each pound of coffee he uses, twenty cents on each bushel of

MARCH 7, 1828.]

Tariff Bill.

[H. or R.

salt, and thirty-three per cent. on the woollens he buys, are severe taxes. Very many farmers will tell you how much tax they pay; some, in the county I live in, pay $200, and many from twenty to fifty dollars. When you talk of additional duties, they ask what is done with the millions they have already paid. I wish I could answer the question to the satisfaction of all. When you tell them [the farmers] that the capital employed in commerce and agriculture is redundant, they answer you with vivacity and truth, if that be the case, the overplus will be invested in manufactures, or something else, without the aid of legislation. [Mr. C. here recapitulated the conclu-rity quieted, in the extended influence which it will sions in the foregoing argument, and then concluded.] If I have said any thing offensive, I am not conscious of it. I have no narrow, no illiberal prejudices-the whole soil of the United States is sacred in my eyes, like the -spirit where I was born, (in the Ancient Dominion,) and shall ever rejoice in the prosperity of all parts of this Union endeared to me as it is by the sufferings and misfortunes and triumphs of our forefathers, whose united efforts achieved its independence from a foreign thraldom. Mr. WRIGHT, of New York, ia member of the Committee on Manufactures] next addressed the House, but had not concluded his speech, when he gave way to a motion that the commitee rise.

FRIDAY, MARCH 7, 1828.

INTERNAL IMPROVEMENT. Mr. MCDUFFIE, Chairman of the Committee of Ways and Means, moved to postpone the orders of the day, with a view to the consideration of the bill making appropriations for Internal Improvement.

The motion prevailed, and the orders of the day having been postponed accordingly,

Mr. McDUFFIE moved that the House do now take up that bill.

This motion having been agreed to, the bill was taken up, and the question being on the following proviso, moved by Mr OAKLEY, of New York, as an amendment, to come in after the words thirty thousand dollars, which sum was reported by the Committee of the Whole, to be inserted in the blank in that item of the bill which provides for the Continuation of examinations and surveys under the direction of the President of the United States, víz:

fear, that from the gradual operation of causes that never
cease to act, we shall after a while, find our Government
in possession of the same controlling authority over the
will, the rights, and the interests, of the People, and the
States, that all other Governments have usurped.
Sir, I consider this power of making surveys, and the
consequent right of constructing roads and canals within
the territories of the States, as the most dangerous to the
People and the States, which can be assumed by this Go-
vernment. All the wealth of the country may be ex-
hausted in its exercise, and all resistance to lawless autho-
give. I deny that this Government has any such power.
And, believing as I do, that it is all important to the Peo-
ple of this country that the division of power between
the United States and the States, as made by the Consti
tution, should not be altered, it becomes my duty to re-
sist any attempt at such an alteration as far as I can.
In order to ascertain what was that division of power,
it will be necessary to take a slight view of the situation
of this country previous to, and at the time of, the adop
tion of the Constitution. During the Revolutionary war,
the intense interest which all felt in obtaining the object
of the conflict, occasioned such an union of views and
interests, that the inefficiency of the confederated Go-
vernment was not very obvious. But, no sooner had
these motives for an union of action ceased, than its in-
adequacy to the purposes of Government was discovered,
both at home and abroad. The officers and soldiers, who
had spent their fortunes, devoted their time, and risked
their lives, to achieve for us our independence, went un-
rewarded for their services. The confederated Govern-

ment having no power to tax the People, and depending
upon the States for contributions which it could not en.
force, found itself wholly unable to discharge its debts,
not only to its own citizens, but to its foreign friends,
from whom it had received such important services. Sir,
this want of the power of taxation, not only produced a
violation of public faith to the creditors of the Govern
ment, but rendered the power of public defence, which
did belong to the Confederation, wholly inefficient. The
frontiers were harassed by Indian aggression, and our
newly acquired independence insulted by the British re-
taining an armed force within our limits, for want of the
means of raising a force sufficient to punish the one, and
to drive out the other. In this state of things, an urgent
request was made to the State Legislatures, that a Con- /

"Provided, That only so much of the appropriation hereby made as shall be necessary for the completion of such surveys and examinations as have been already com-vention should be called, for the purpose of so new mo. menced, shall be expended :"

Mr. LITTLE asked that the question be taken by yeas and nays, and it was so ordered by the House.

Mr. GILMER said, his only apology to the House for addressing it at that time, was to be found in the strong opinions expressed by the Legislature of the State of which he was a Representative, at its last session, upon the subject under consideration. Without this, said Mr. G. I would have contented myself with giving a silent vote against this bill; especially, considering the evident disinclination of the House to listen to any debate about abstract constitutional power. Sir, there is nothing that has fallen under my observation as a member of Congress, that has surprised me more, or occasioned more unpleasant feelings, than the indifference of this body to any discussion tending to restrain the extent of its legislation. Name the Presidential candidates, and every one listens with the most lively interest; speak of the constitution, and you are dull and stupid.

No maxim has been better tested by experience, or more strongly urged for our observance, by those who have preceded us, than the necessity of a frequent recurrence to fundamental principles, as the only means of preserving the original freedom of our institutions. If we go on, regardless of this maxim, is there not reason to

delling the Articles of Confederation, as to grant to the General Government more direct and operative means to effect its ends. A Convention did meet. A Constitution was formed by which the People of the States granted to the United States the fullest power of taxation, directly upon the People, and an unlimited power to raise and support armies, and a controlling power over the militia. Thus securing to the new Government all the powers, the want of which had produced so many evils in the old.

When this Constitution was submitted to the State Conventions for their ratification, much alarm was excited from the extent of the grant to tax, and raise armies; especially as they were accompanied by general terms, which it was supposed might lead to abuse. And I think it may be asserted, with confidence, that the Constitution would not have been adopted, had it not been believed that amendments would be added, by which the extent of the powers granted should be limited. The Constitution was adopted, and, immediately after, the amendments which limited its powers were also adopted. By the ninth article of the amendments, it is declared, that the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the People; and, by the tenth, that the powers [not delegated to the United States by the Constitu