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[FEB. 11, 1833

of censure from some quarter; common justice and chari-notice them. They were so numerous, and the medium ty require that we should attribute correct motives, and through which our proceedings had been reflected so a desire to escape from his position, by doing what is distorted, that it required much time to correct and reright. But it is very clear that the President had no legal fute them; he would notice one or two as a specimen--a right to issue this proclamation as an official act. Had his question of law, and a criticism on the late Governor's opinions, heretofore expressed, been consonant with it, it message. The President had said that the posse comitatus would, under no circumstances, have been necessary. It could not be considered a peaceable remedy, and had is a principle of equity, that when one is silent, and rights given a history of the early character of this branch of the spring up under that silence which it would be unjust to common law, to prove that it was military in its character, take away, the party who ought to have spoken is not and repudiates it as the offspring of a barbarous and afterwards to set up his rights. Sir, so far as the Presi- feudal time. It was necessary to stamp the character of dent is concerned, the principles in that paper are not the sheriff's power with the military character, before a only ex post facto, but subversive of the constitution and resort could be had to the military power on the other the various expositions given thereof by himself, and side. This right of the sheriff is essentially civil in its should have prevented the President from denouncing his nature, and, without it, the most disastrous results must followers, in the paper, for the first time furnishing the ensue in the execution of the State laws. It consists simproof that he had abandoned his own principles. He ply in the power of the sheriff to make deputies at his should have spared his followers of the school of Jeffer- will; every person summoned to assist the sheriff is a son from reproach and charge of intended disunion. I peace officer. I will state a case or two illustrative of the regret, therefore, that in the discharge of his public duty, character and necessity of this power. A gentleman of as understood by himself, he should have found it neces- some property and credit was about to emigrate, whilst sary to speak in such harsh terms of the leaders, as he he had a note outstanding; and the creditor not being has designated certain individuals, as well as the measures willing to permit him to leave the country without secu adopted by the people. rity, sued out a writ of ne exeat; the man being somewhat surprised at the arrest and suit before the note was due, consented to go to jail or with the sheriff reluctantly, and, after getting some distance, he got off his horse and said he would not resist him, but he would lie down, and the sheriff must literally carry him, or he would not go. How was the sheriff to act under these circumstances? The old common law has told him that he must gather deputies enough to take peaceably the debtor to jail; this, of course, he did; since, if he had let him go, he would have been chargeable with the debt. This would have been as barbarous as to call upon bystanders to help him peaceably to do his duty.

The fact is, that in every stage of this controversy, the United States have done the first wrong; they first passed the unconstitutional tariff, when it was proposed to try the validity of that matter judicially. As we are now in the federal court, the Senator from Pennsylvania will permit us to take advantage of the right to an impartial jury trial; but the man, who, as early as 1820, I believe, at a town meeting in Charleston, stood alone the advocate of the tariff as a constitutional as well as a political measure, was the judge. He was committed in advance upon the trial. This same judge refused to let it be given in evidence what the bond was given for, under the plea of non est factum, against the established rule that you may show any Now, what does the opposite party propose as a substithing under the general issue, which, if true, would make tute for the posse? It is powder and ball. They would the bond void. Now, if the bond was given for a tax say to the sheriff when his prisoner refused to proceed which the Government had no right to impose, it was further, Draw your pistol, put it to his temple and blow clearly void. This was a question of fact. What was out his brains. Without the posse, this must be the result. the consideration of the bond? The political security re- Again: A man is convicted of murder. On the day of served by the jury trial against the encroachment and execution, he had procured arms; and when the sheriff usurpations of Government were entrenched upon. Sup- went to bring him out for execution, he presented his pose a special plea put in, and demurrer and rejoinder, the arms, and put the sheriff at defiance. How was the sheriff court could not have seen on the record that the tariff to act? Not kill in turn. No, assemble the posse, which was to protect the manufacturers. he did; deluged his insurgent prisoner with water until The Senator from New Jersey says, they have always he destroyed his powder, and then they proceeded and been ready to recite that the tax was levied for protection; carried him peaceably to the gallows. It would be murthis title was refused expressly in 1828 and 1832. der in the sheriff to kill, except to save his own life. He

I believe it could be well established that the military must use the peaceable means provided, time out of mind, preparations on the part of the United States preceded to execute the law. There is no military quality about it. the precautionary suggestions made by the Governor of The law has furnished the sheriff and posse for the South Carolina in his message. judge, not the Executive, to carry into effect his judgThe act of the Legislature authorizing the Governor ments. to call out the militia is bottomed upon the concentra- "The State might have proposed the call for a general tion and use of the military force of the United States, to convention to the other States; and Congress, if a sufficoerce submission of our judicial officers to the collector. cient number of them concurred, must have called it. But the Senator from Pennsylvania says, we have violated But the first magistrate of South Carolina, when he exthe constitution in keeping a standing army. Not so. pressed a hope that, on a review by Congress, and the We have no military force embodied except a municipal functionaries of the General Government, of the merits guard in Charleston, authorized and kept up ever since of the controversy,' such a convention will be accorded the insurrectionary movement of Denmark Vozey, in 1821 to them, must have known that neither Congress nor any or 1822. Yet the Federal Government has now a large functionary of the General Government has authority to naval and military force in or near Charleston, and that call such a convention, unless it be demanded by twofair city is in daily peril of being assailed as the citadel of thirds of the States. This suggestion, then, is another a common enemy; the houses burnt, and the town sacked instance of the reckless inattention to the provisions of by the regular army; friend and foe involved in one the constitution with which this crisis has been madly common fate, and subject to the common ruin of regular hurried on; or of the attempt to persuade the people that

war.

Mr. M. said he had been desirous of noticing some of the most exceptionable doctrines contained in the proclamation. His health and time would not permit him to

a constitutional remedy had been sought and refused. If the Legislature of South Carolina anxiously desire' a general convention to consider their complaints, why have they not made application for it in the way the constitu

FEB. 11, 1833.]

Revenue Collection Bill.

[SENATE.

tion points out? The assertion that they earnestly seek God for his mercies, and congratulate ourselves as a social it,' is completely negatived by the omission." people that our throats were not yet cut, except upon The President here supposes that the late Governor the condition that judgment should be entered upon this was so ignorant of the constitution, that he did not know confession, that we were in a most prosperous condition, who were to call a convention; and, from want of correct- and mere amateur malcontents.

ness in one particular, he infers similar errors in hastening Mr. President, there are three propositions presented the crisis. Now, who are the functionaries referred to? for the grave consideration of this body, springing out of He does not mean Congress; if he had, he would not have the position of South Carolina, or rather three remedies repeated the same idea. What is a functionary? That proposed: the 1st, To adjust the taxes fairly, and modify which performs an office or duty. Now, are not the State the tariff with this view.~ 2d, To call a convention. 3d, Governments the functionaries of the General Govern- To declare war. The latter seemed to be the favorite ment, so far as to call a convention to amend the constitu- alternative. tion? They are the agents for that purpose. It seems the Legislature has, in conformity with the suggestion of the late Governor, performed its functions so far as to ask for a convention.

I had intended to comment on the provisions of this bill, but I will content myself by simply stating the positions. Other gentlemen have discussed them. I will only remark that the precedents referred to are laws requiring the use of force without the body of any State, and which in one instance the President refused to enter, because it was at war with the rights of the State and the first principles of liberty; I mean the Indian intercourse law in the case of Georgia.

The bill is unconstitutional, because it confers the war power on the President.—1st and 8th section of the constitution.

It subjects a citizen to punishment when he has been guilty of no crime, by seizing his property, and compelling him to pay cash duties.-5th article of amendment.

Again: "At this annual period of our assembling, it becomes us to review the occurrences of the last year, connected with our domestic concerns, if not with a minute scrutiny, at least with a sentiment of fervent gratitude to the Great Disposer of human events. These tributes of our grateful acknowledgment are due for the various and multiplied blessings He has been pleased to bestow upon our people. Abundant harvests in every quarter of our State have crowned the exertions of our agricultural labors; health, almost beyond former precedent, has blessed our homes, as yet undisturbed by the frightful ravages of that new and terrible pestilence which has elsewhere made such portentous havoc in a large It violates the rights of the people of the State, so far portion of the human family. Nor have we less reason as to give a preference to other ports.--9th section. for thankfulness in surveying our social condition. If a political excitement, connected with the public liberty of the country, has stimulated the public mind to a degree of fervor and vigor beyond all former example, this very excitement has furnished the consoling exponent of our fitness for the enjoyment of this inestimable blessing; for, in spite of a painful exasperation of public feeling, social order has been preserved, and the majesty of the law has been supreme.'

This is a quotation from the Governor's message, upon which the following strong inference of great exaggerations of the evils of the tariff system, here, is the commentary:

It deprives the citizens of South Carolina of the same rights as citizens of other States.-5th section. It places the military of the United States above the civil authority of a State.

It confers on the President legislative powers to shut up the port of Charleston.

It gives federal courts jurisdiction of cases which do not arise under the laws and constitution.--2d section, 3d article.

It subjects, without trial or process of law, citizens to be arrested and deprived of their liberty.

It punishes the freedom of speech and of the press. It authorizes the President to consider the Legislature of a State as a mob, and, by issuing his proclamation, to disperse them by force.

"That this system, thus pursued, has resulted in no such oppression upon South Carolina, needs no other proof than the solemn and official declaration of the late It imposes cruel and unjust fines, and indirectly forfeits Chief Magistrate of that State in his address to the Legis- the office of State officers, who must obey their own laws, lature. In that he says, that the occurrences of the past or be disfranchised. year, in connexion with our domestic concerns, are to be It substitutes armed force for the judicial tribunals of reviewed with a sentiment of fervent gratitude to the the country. It makes a district court an appellate court Great Disposer of human events; that tributes of grateful over the State courts, as to habeas corpus. acknowledgment are due for the various and multiplied It compels persons to prosecute suits in the federal blessings he has been pleased to bestow on our people; that abundant harvests in every quarter of the State have crowned the exertions of agricultural labor; that health, almost beyond former precedent, has blessed our homes; and that there is not less reason for thankfulness in surveying our social condition.' It would, indeed, be difficult to imagine oppression, where, in the social condition of a people, there was equal cause of thankfulness as for abundant harvests, and varied and multiplied blessings with which a kind Providence had favored them."

ernor.

courts, where the court must only nonsuit the party for want of jurisdiction, or take jurisdiction upon the suggestion of a defendant not warranted by law; thereby making the jurisdiction of the court to depend on the error or wickedness of all defendants.

I have attempted to prove that a State has a right to judge in the last resort of a violation of the constitution; that the proceedings of the State of South Carolina violate no provision of the constitution; that the means resorted to to protect her reserved rights are for her judgI submit whether judgment could fairly be entered up ment alone; that, strong as they appear, they are waragainst South Carolina, upon the admission of the Gov-ranted by the usurpations of this Government; that the questions presented to the descendants of a glorious an There is certainly ground to complain that, when our cestry, are liberty or slavery; the constitution with the words are brought up in judgment against us, we are not Union, or the Union without a constitution; that we do permitted to be heard through the whole sentence. This not propose to secede, except this Government treats us quotation of the Governor's message would make us con- as a public enemy, and drives us to the necessity of tending for our extreme rights as mere amateurs. Sir choosing between the halter and the bayonet; that you there were points of controversy between these two pub- have the physical right, not the moral one, to pass the bill lic officers and the two Governments, of more moment now under consideration; that it is the assertion of your than to raise a question whether we had a right to thank rights by force against an organized Government, and is

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Revenue Collection Bill.

[FEB. 11, 1833.

therefore war; that, in utter contempt of the funda-body has surrendered their independence to the high bemental principles of the Government, in derogation of hests of the Executive? Balfour and Rawdon have not the theory of federalism itself, you substitute force for contended, in the pages of history, for the honor of the law, the sword for the ermine; that the sacred princi- execution of Hayne. If blood and carnage flow from ples of justice require you to reduce the taxes, and re- this bill, the Senate, in after times, will not be emulous of lieve a patriotic and a suffering people from poverty and the share they had in passing it. oppression.

Sir, I do not deny the power to pass such a bill. Cain Knowing as I do (and which is too well attested by the had the power to kill his brother. Elizabeth had the events of the day for any honorable Senator to be igno- power to take the life of the unfortunate Mary. The rant of) that a deep and settled sense of discontent per-regicide court had the power to overrule the plea to its vades the great mass of the people of South Carolina; jurisdiction, by Charles the First. Bonaparte had the that the sober, calm, patriotic population of Virginia, power to poison his prisoners at Jaffa. The question I South Carolina, Georgia, Alabama, and Mississippi, revolt make is, as to your right-moral right-by force, to comat this system of protection, as an invasion of their consti- pel the people of South Carolina to disobey their oaths tutional rights, I cannot help expressing a deep solicitude and violate their most sacred obligations to their State that this bill, in its present offensive form, may not re- Government. ceive the sanction of the present Congress.

It may be asked, if this bill be passed, what rights are I shall not run any parallel between this controversy left to South Carolina? She has the right to slink from and the revolutionary struggle. The doctrine upon which her position, and, like a thievish slave, submit to the lash we rest our rights do not involve such principles. Sir, I of a master. Nay, she has the further right left her-that regret that suspicions of the personal hatred of the Presi- right which Lucretia had, after she was dishonored. She dent towards the people of South Carolina should, in the has the right left her, which Virginius had, after the deopinion of her public authorities, have rendered it neces- cree was pronounced which made his daughter a slave. sary to arm in protection of their personal rights, as well She has the right which Leonidas had, to dispute the pasas in defence of their fundamental laws. sage of the Persian army at the Straits of Thermopyla. She has the right to resist unconstitutional taxation, as her fathers did; and she has the reserved right, which no Government can take away, nor tyranny destroy-the glorious right to live free or die.

Sir, placing myself in a purely selfish position, there is no honorable Senator who has higher motives to preserve the peace and good order of society. I have nothing to gain, every thing to lose by civil commotion.

Mr. WILKINS moved the following amendments to the bill, which were severally agreed to:

In 1st section, line 4, strike out "unlawful threats and menaces;" and after the word "thereof," in line 28, strike out the remainder of the section.

In section 2d, line 13, insert "revenue" before the word "law," so as to read "under the authority of any revenue law." Amendments to correspond with this were made informally in the other sections.

If the first clause of this bill is retained and passed, I have substantial, well-grounded fears of the consequences. The exception in the last clause in the ordinance is a very extensive one, yet I am not prepared to say this bill will make a case without the exception. If the Senator from Pennsylvania, or any other Senator, supposes that both or either of the representatives of South Carolina on this floor hold that State in the palm of their hands, it is a great mistake. Non nostrum tantas componere lites. The political power of that State is now in the hands of intel-. In the 5th section, line, 4, strike out "one of the disligent and independent planters, who think for them-trict judges,” and insert "any judge of any circuit or disselves, and act accordingly. What course will be taken trict court." In line 18, strike out "resist and." upon the passage of this bill, and omission to modify the Add a new section to the bill, providing that the act tariff, I am not prepared to say. From an article in the shall remain in force until the end of the next session of leading paper at the capital of that State, one exercising Congress, and no longer. much influence, and reflecting a respectable portion of public opinion, it seems but little attention will be paid to the interference of Virginia, at least in the opinion of that writer. This article, although written with great ability, I am sure does injustice to the motives of our elder and much respected sister. Be that as it may, every motive of benevolence, justice, and prudence, urge us to abstain from rash or unskilful legislation. Who will try the strength of the diamond by the hammer and the anvil? To that impertinent curiosity which wishes to test the virtue of the Union, I would refer to the fate of Anselmo. Believe me, sir, the experiment is a useless, and may prove a fatal one.

Fill blanks in section 7, with "1000," and "two months."

Mr. FORSYTH then moved to strike out the 3d section,. as follows:

"Sec. 3. And be it further enacted, That in any case where suit or prosecution shall be commenced in a court of any State against any officer of the United States, or other person, for or on account of any act done under the laws of the United States, or under color thereof, or for or on account of any right, authority, or title set up or claimed by such officer, or other person, under any law of the United States, it shall be lawful for the defendant in such suit, or prosecution, at any time before trial, upon I fear interested and malevolent persons have lent them a petition to said court setting forth the nature of said selves to the basest and most profligate purposes, in mis-suit, or prosecution, and verifying the said petition by representing both the President and the dominant party affidavit, (which said petition and affidavit shall be prein South Carolina to each other. I know that a very sented to said court or to the clerk thereof, or left at the strong conviction prevails that the Chief Magistrate mixes office of the said clerk,) to remove the said suit or proseup personal with public considerations on this topic; that cution to the circuit court of the United States then he seeks to indulge in the passion of revenge, and imbrue next to be holden in the district where the said suit, or his hands in the blood of some of the public men of that prosecution, is commenced; and, thereupon, it shall be State. And I know, moreover, that before this shall the duty of the said State court to stay all further proceedhappen, a generous and spirited population will come to ings therein; and the said suit, or prosecution, upon pretheir rescue. The people will not permit their public sentment of said petition, or affidavit, on leaving the same functionaries, acting under their command, and clothed as aforesaid, shall be deemed and taken to be removed with the panoply of their power, to be led like criminals into the said circuit court; and any further procedings, to the charnel-house. Before this will take place, many trial, or judgment therein, in the said State court, shall a brave man will perish. What Senator can desire to see be wholly null and void; and on proof being made to the the States pass under the yoke? How long since this said circuit court of the presentment of said petition and

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Modification of the Tariff.

[SENATE.

affidavit, or of the leaving the same as aforesaid, the said Mr. GRUNDY said, that in the prosecutions and suits circuit court shall have authority to entertain jurisdiction against the officers, many other questions might arise of said suit, or prosecution, and to proceed therein, and than those which are contemplated. But the whole case to hear, try, and determine the same, in like manner as would be shut out from the Supreme Court when the apif the same had been originally cognizable and instituted peal was made. That a collision might arise between in such circuit court. And all attachments made, and all the two jurisdictions, was no argument against the meabail and other security given upon such suit, or prose-sure; for, if a collision must come, it might as well come cution, shall be and continue in like force and effect as in this as in any other form.

Adjourned.

TUESDAY, FEBRUARY 12.
MODIFICATION OF THE TARIFF.

Mr. CLAY rose, and addressed the Senate to the following effect:

if the same suit, or prosecution, had proceeded to final judgment and execution in the State court. And if, upon the removal of any such suit, or prosecution, it shall be made to appear to the said circuit court that no copy of the record and proceedings therein in the State court can be obtained, it shall be lawful for said circuit court to allow and require the plaintiff to proceed de novo, and to file a declaration of his cause of action; and the parties I yesterday, sir, gave notice that I should ask leave to may thereupon proceed as in actions originally brought introduce a bill to modify the various acts imposing duties in said circuit court; and on failure of so proceeding, on imports. I, at the same time, added that I should, judgment of non pros. may be rendered against the plain-with the permission of the Senate, offer an explanation tiff, with costs for the defendant." of the principle on which that bill is founded. I owe, sir,

Mr. FORSYTH was aware, he said, that there was a an apology to the Senate for this course of action, beprecedent for the provisions of this section; but he ob-cause, although strictly parliamentary, it is nevertheless jected to them as injurious and unnecessary in application out of the usual practice of this body; but it is a course to the state of things in South Carolina. If Carolina per- which I trust that the Senate will deem to be justified by sisted in her course, the case in her courts must go on, the interesting nature of the subject. I rise, sir, on this and both the State and federal courts will therefore pro- occasion, actuated by no motives of a private nature, by ceed ex parte. No cause can be fairly tried when both no personal feelings, and for no personal objects; but exof the parties are not heard. Conflicting judgments will clusively in obedience to a sense of the duty which I owe be rendered by the courts at an early day, one to be en-to my country. I trust, therefore, that no one will antiforced by the marshal, and the other by the sheriff. All cipate on my part any ambitious display of such humble the parties will be put to great cost and trouble. The powers as I may possess. It is sincerely my purpose to jurisdiction of the United States court was sufficiently present a plain, unadorned, and naked statement of facts well secured in other respects by the bill. It would be connected with the measure which I shall have the honor better, he thought, for the officers to carry the cause, to propose, and with the condition of the country. When first, to the highest court in the State, and then appeal to I survey, sir, the whole face of our country, I behold all the federal court, if he do not obtain justice. around me evidences of the most gratifying prosperity--a prospect which would seem to be without a cloud upon it, were it not that through all parts of the country there exist great dissensions and unhappy distinctions, which, if they can possibly be relieved and reconciled by any broad scheme of legislation adapted to all interests, and regarding the feelings of all sections, ought to be quieted; and, leading to which object, any measure ought to be well received.

Mr. WEBSTER thought this the most important provision of the whole bill, as respects the protection of the federal officers. After the case had been decided in the courts of South Carolina, there could be no writ of error of the case tried. It would be impossible to get any thing like a fair trial in a court where the jurors are sworn to support the ordinance; and the writ of error would only go on the law of the case. We give a chance to the officer to defend himself where the authority of the law was re- In presenting the modification of the tariff laws which cognised. If the judgments of the State court conflicted I am now about to submit, I have two great objects in with those of the federal court, the right of jurisdiction view. My first object looks to the tariff. I am commust be tried. There was a stronger reason now in favor pelled to express the opinion, formed after the most deliof those provisions than there was for a stronger law than berate reflection, and on a full survey of the whole this which was created during the existence of the non-in-country, that, whether rightfully or wrongfully, the tariff tercourse and embargo acts. He hoped the Senator from stands in imminent danger. If it should even be preservGeorgia would reconsider the motion. ed during this session, it must fall at the next session. By Mr. WILKINS said this section was indispensably ne- what circumstances, and through what causes, has arisen cessary, and, by the amendment just adopted, was appli- the necessity for this change in the policy of our country, ed to the revenue laws only. The committee thought I will not pretend now to elucidate. Others there are who this would be a less offensive mode of protecting the of may differ from the impressions which my mind has reficers of the Government than to take an appeal from the ceived upon this point. Owing, however, to a variety of solemn judgment of the highest State tribunal, which concurrent causes, the tariff, as it now exists, is in immilast course had been particularly offensive to some States nent danger; and if the system can be preserved beyond of the Union. The only question was, whether it would the next session, it must be by some means not now within be better to risk a collision between the federal and State the reach of human sagacity. The fall of that policy, sir, courts, or leave the officers at the mercy of the State would be productive of consequences calamitous indeed. tribunals, framed as they are. If the State resisted the When I look to the variety of interests which are involv judgment of the federal courts, unpleasant consequences ed, to the number of individuals interested, the amount must result; but if the State courts are so organized that of capital invested, the value of the buildings erected, an impartial jury trial is out of the question, he saw no and the whole arrangement of the business for the propropriety in leaving the officers whom we employ at their secution of the various branches of the manufacturing art mercy. An appeal after decision by a State court would which having sprung up under the fostering care of this be ineffectual. Even to ask leave to appeal is an offence Government, I cannot contemplate any evil equal to the punishable by fine and imprisonment. Rather than ex- sudden overthrow of all those interests. History can pose a party to this penalty, or to the unlimited punish-produce no parallel to the extent of the mischief which ment for contempt of court, he would run the risk of a would be produced by such a disaster. The repeal of conflict of jurisdiction. the edict of Nantes itself was nothing in comparison with

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Modification of the Tariff.

[FEB. 12, 1833.

it. That condemned to exile and brought to ruin a great time the gentlemen from the South had said that this connumber of persons. The most respectable portion of the cession was of no consequence, and they did not care for population of France were condemned to exile and ruin it; and he believed that they did not now consider it of 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.

any greater importance. As, therefore, it had failed of the purpose for which it was taken out of the common class, he thought it ought to be brought back again, and placed by the side of the other descriptions of woollens, and made subject to the same reduction of duty as proposed by this section.

What, sir, are the complaints which unhappily divide the people of this great country? On the one hand, it is Having next read through the third section of the bill, said by those who are opposed to the tariff, that it un- Mr. C. said, that, after the expiration of a term of years, justly taxes a portion of the people, and paralyzes their this section laid down a rule by which the duties were to industry; that it is to be a perpetual operation; that be reduced to the revenue standard which had been so there is to be no end to the system, which, right or wrong, long and so earnestly contended for. Until otherwise diis to be urged to their inevitable ruin. And what is rected, and in default of provision being made for the the just complaint, on the other hand, of those who sup- wants of the Government in 1842, a rule was thus próport the tariff? It is, that the policy of the Government vided for the rate of duties thereafter: Congress being, is vacillating and uncertain, and that there is no stability in the mean time, authorized to adopt any other rule in our legislation. Before one set of books are fairly which the exigencies of the country or its financial conopened, it becomes necessary to close them, and to open dition might require. That is to say, if, instead of the a new set. Before a law can be tested by experiment, duty of 20 per cent. proposed, 15 or 17 per cent. of duanother is passed. Before the present law has gone ty was sufficient, or 25 per cent. should be found necesinto operation, before it is yet nine months old, passed as sary, to produce a revenue to defray the expenses of an it was under circumstances of extraordinary deliberation, economical administration of the Government, there was the fruit of nine months' labor, before we know any thing nothing to prevent either of those rates, or any other, of its experimental effects, and even before it commences from being fixed upon; whilst the rate of 20 per cent. its operations, we are required to repeal it. On one side was introduced to guard against any failure on the part we are urged to repeal a system which is fraught with of Congress to make the requisite provision in due searuin; on the other side, the check now imposed on en- son. terprise, and the state of alarm in which the public mind

This section of the bill, Mr. C. said, contained also anhas been thrown, render all prudent men desirous, look- other clause, suggested by that spirit of harmony and ing ahead a little way, to adopt a state of things, on the conciliation which he prayed might preside over the stability of which they may have reason to count. Such councils of the Union at this trying moment. It provided is the state of feeling on the one side and on the other.|(what those persons who are engaged in manufactures I am anxious to find out some principle of mutual accom- have so long anxiously required for their security) that modation, to satisfy, as far as practicable, both parties; duties shall be paid in ready money; and we shall thus to increase the stability of our legislation; and at some get rid of the whole of that credit system into which an distant day, but not too distant, when we take into view inroad was made in regard to woollens, by the act of the the magnitude of the interests which are involved, to last session. This section further contained a proviso, bring down the rate of duties to that revenue standard that nothing in any part of this act should be construed for which our opponents have so long contended. The to interfere with the freest exercise of the power of Conbasis on which I wish to found this modification, is one of gress to lay any amount of duties, in the event of war time; and the several parts of the bill to which I am about breaking out between this country and any foreign Power. to call the attention of the Senate, are founded on this Mr. C. having then read the fourth section of the bill, basis. I propose to give protection to our manufactured said that one of the considerations strongly urged for a articles, adequate protection, for a length of time, which, reduction of the tariff at this time was, that the Governcompared with the length of human life, is very long, but ment was likely to be placed in a dilemma by having an which is short in proportion to the legitimate discretion overflowing revenue; and this apprehension was the of every wise and parental system of government; secur- ground of an attempt totally to change the protective po ing the stability of legislation, and allowing time for a licy of the country. The section which he had read, Mr. gradual reduction on one side, and on the other propos- C. said, was an effort to guard against this evil, by relieving to reduce the rate of duties to that revenue standard ing altogether from duty a portion of the articles of imfor 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.

port 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 Mr. C. then proceeded to read the first section of the bill. were possible to 'pacify present dissensions, and let things According to this section, he said, it would be perceived take their course, he believed that no difficulty need be that it was proposed to come down to the revenue stand- apprehended. If, said he, the bill which this body passard at the end of little more than nine years and a half, ed at the last session of Congress, and has again passed at giving a protection to our own manufactures, which he this session, shall pass the other House, and become a law, hoped would be adequate, during the intermediate time. and the gradual reduction of duties should take place Mr. C. recapitulated the provisions of the sections, and which is contemplated by the first section of this bill, we showed, by various illustrations, how they would operate. shall have settled two (if not three) of the great ques Mr. C. then proceeded to read and comment at great tions which have agitated this country-that of the tariff, length upon the second section of the bill. It would be of the public lands, and, I will add, of internal improverecollected, he said, that at the last session of Congress, ment also. For, if there should still be a surplus reve with the view to make a concession to the Southern sec-nue, that surplus might be applied, until the year 1842, tion of the country, low priced woollens, (those supposed to the completion of the works of internal improvement to enter into the consumption of slaves and the poorer already commenced; and, after 1842, a reliance for all classes of persons,) were taken out of the general class funds for purposes of internal improvement should be of duties on woollens, and the duty on them reduced to placed upon the operation of the land bill, to which he five per cent. It would be also recollected that at that had already referred.