FEB. 20, 1833.] Revenue Collection Bill. [SENATE. system of the United States should pervade every State the passage of a law by her veto, but to annul a law soof the Union; that that court should be the paramount lemnly enacted, whenever she may conceive it infringes on judicial tribunal, and that it should revise the decisions her rights or affects her interests. Her doctrine would reof the State tribunals in all things in which they infringed sult in this: that in case of war with a foreign enemy, any on its rights; and it further appears that this purpose was State could, by its own act, change the relations of the known to, and sanctioned by, the people of the State of whole country, or make for itself a separate peace, South Carolina. withdraw from the Union, form an alliance with the eneDangers, it is true, were apprehended by the framers my; and this, too, without the individuals who did the of the constitution, of disunion on the one hand, and con- deed incurring the guilt of treason or any legal crime. solidation on the other; and that danger arose from the For it is contended that if an individual bear arms against necessity of placing the ultimate decision of questions of the Union, in obedience to a law of the State of which he controverted power in some department of one or other is a citizen, that law is his shield, and he is, therefore, of the Governments, which might claim it, either in the guiltless. State or in the General Government. But this danger In support of this position, it has been contended that does not, in fact, exist to any great extent, placed no man can be a citizen of the United States except as a as the power is in the General Government; for citizen, or by reason of being a citizen of some one of the every man who is a representative of the people here, in States. Now, this is most clearly an error; the cases any form, must look at home to the people whom he re- against it are numerous. An individual born in a Territory; presents to sustain him. Those people, in all parts of the in the District of Columbia; one who is born abroad, his Union, while they are citizens of the United States, are parents being absent in the service of the United States, also citizens of a State which possesses their closest at- are all of them citizens of the United States, in all respects, tachments; and it is not probable that they will ever sus- as far as it regards protection and allegiance, as fully and tain the man who abandons the just rights of his and their perfectly as if they were citizens of one of the States also. State, for the purpose of centering power in the General It is true, they are all denied the exercise of certain civil Government, of which power he may be the temporary rights; as, for instance, the exercise of the elective franpossessor. chise, so far as relates to the election of the officers of the Mr. Pinckney, speaking on that subject, says, "Let us General Government; but that does not touch the question theorize as much as we will, it will be impossible so far to now under consideration. That question is, whether the divest the federal representatives of their State views and reciprocal rights of protection and allegiance are necespolicy, as to induce them to act on truly national princi- sarily derived through the States, and, therefore, exist ples. Men do not easily wean themselves of those pre- only by virtue of their power and through their sufferferences and attachments which country and connexions ance. And it clearly does not; for, besides the cases I have invariably create." And he adverts to the danger that already referred to, another is decisive. Congress, and "State views and State policy will influence their delibe- Congress alone, has a right to pass a general law for the rations." The effect, then, of placing the power of ulti-naturalization of aliens. It can, therefore, make citizens mate decision in the States would have been, to give them, of foreigners, by its own will, without the assent of the in the first place, their voice in the councils of the Union; States concurring in the act. The honorable Senator and after that had been heard, to give each the power of from Virginia [Mr. TYLER] said he would like to see such destroying what all had united to create. In another a thing as a citizen of the Government of the United place, he says, "The State Governments will too natural- States. I, also, would like to see a citizen of the ordily slide into an opposition against the General one, and be nance of nullification; for the one idea is just as absurd easily induced to consider themselves as rivals; they will, as the other. Citizenship has relation to the State or naafter a time, resist the collection of a revenue; and if tion, not to the Government; but the allegiance which the the General Government is obliged to concede, in the citizen owes is due to the Government. In a republic smallest degree, on this point, they will, of course, neg- the citizen is one of the people who make up the nation, lect their duties and despise its authority. A great de- and he owes obedience and duty to the will of that peogree of weight and energy is necessary to enforce it." ple, constitutionally expressed; and he owes allegiance to Considering the time, and place, and circumstances, under their duly constituted Government. which this was delivered, it is a prediction which has been The statesmen of South Carolina seem to be of opinion singularly verified-verified by the acts of the State to that a law of that State, commanding her citizens to do whose Legislature the prediction was addressed. Can it an act which were treason against the United States, if be said, then, that South Carolina had not all the effects of this constitution, in a form as strong as it has ever received in practice, or as it has been contended for in theory, fully before her Legislature and people at the time she consented to its adoption? And who can deny that the appeal to history strengthens rather than weakens the obvious construction of that instrument? done without her mandate, will, by virtue of that mandate, cease to be a crime and become a duty. She is, therefore, presented as a shield, to save those who are to violate their allegiance to the United States, in obeying her laws. But if the United States be the paramount power, as the constitution certainly has made it, this can avail them nothing; or, at most, it would only mitigate the enormity of If danger arises from vesting the power of deciding in the offence. The state of double allegiance which seems the last resort in a department of the General Govern- to strike some gentlemen as absurd or impossible, is easily ment, where the constitution has placed it, how much understood in theory, and is very common in fact. Could more dangerous would be the investiture of that power any thing be more easy than to conceive such a state of in each of the States? If we place it there, it brings us government and law, as that a citizen of South Carolina back, at once, to those scenes of disorder and violence should owe allegiance to that State, saving his paramount which existed in the feudal ages, when every baron had a allegiance to the United States? Such was often the case, veto on the laws of his sovereign, and every vavasor on as is well known, in some of the feudal Governments; those of his baron; a negative, worse in its effects than and, indeed, in all of them, at some point of time. It is the liberum veto in the ill-regulated Government of Po-asked, if, according to the doctrines for which we conland; a power, the abuse of which led to foreign inter- tend, treason can be committed against a State? For myference, to bribery, to bloodshed in the halls of their self, I see no reason why it could not. But crimes, in Diet; and, finally, to subjugation and vassalage. But here their definition and description, are the creatures of law; the power claimed on behalf of South Carolina is more and certainly any State may define, by law, an offence enduring and more dangerous; it is not merely to prevent which may be properly denominated treason, and punish SENATE.] Revenue Collection Bill. [FEB. 21, 1833. ed as such. The term possesses no definite meaning in-subject into which he was desirous of going as speedily dependent of statutory enactment; in its general sense, as possible. Mr. EWING then resumed his remarks, (given entire above,) and continued until a quarter past nine, when he again gave way to Mr. HOLMES, who moved that the Senate now adjourn. it signifies treachery, where faith and duty were due. If Mr. CALHOUN moved that the Senate now adjourn, a servant slay his master, a son his father, or an ecclesias-but afterwards withdrew the motion. tical person his superior, it is, in legal parlance, treason; because, in all those cases, faith and duty are due them. But if the act were done pursuant to the mandate of the paramount power, however revolting it might be to humanity, it would cease to be a legal crime. In all these cases, the allegiance to the individual or the inferior power yields to the paramount allegiance due to the superior; thus would the allegiance which a citizen owes to his State yield to that paramount allegiance which he owes to the Union. I, therefore, see nothing in this objection to puzzle, much less to convince me. Mr. WILKINS asked for the yeas and nays, which were ordered, and, being taken, stood-Yeas 13, nays 23. Mr. EWING then concluded his remarks at twenty minutes before ten o'clock. On the call of Mr. WEBSTER, the yeas and nays were ordered on the passage of the bill. This, then, is the attitude which South Carolina has as- Mr. TYLER then moved that the Senate do now adsumed towards the Union of which she is a part. She journ. He stated that he had been induced to make this now asserts powers which she once yielded in the most motion because he saw that several Senators who were solemn form to the Government of that Union. She opposed to the bill were absent from their seats; and he claims the right to retract, or rather to assert those pow-thought that the bill might receive its final action early ers, under the wild pretext that the grant was impossible, in the morning. The motion to adjourn was decided in the negative.-Yeas 5, nays 27. The question was then taken on the passage of the bill, and decided as follows: and, therefore, nugatory. She assumes that the allegi- Mr. WILKINS stated that the gentlemen whose seats ance of her citizens to her is paramount to their allegi- were empty had but just withdrawn from the Senate. It ance to that Government which she and her own people, was but a few moments before that they were all in their in their primary assembly, joined in creating, and pro- seats, and he presumed that they would return immedinounced supreme; and whose constitution her own legis-ately. lators are sworn to support, before they can exercise their appropriate functions. And she has nullified a law of the United States; expelled its courts from her limits; and, through a mere color of judicial process, but in fact by an immediate application of ministerial power, directed the property of the United States, in possession of its officers, to be seized and wrested from their hands. She attaches a penalty to all who resist the application of this power; and those who attempt to support the laws of the Union, to serve the process of its courts, or even to invoke their aid, are branded as criminals, and subjected to prosecution. If, sir, the laws of the Union be now insufficient to oppose a decisive and effectual check to this violence and aggression; if the Executive arm be not now strong enough to defend and protect the Union, its laws and its rights; unwilling as I am to intrust power in the hands of our present Chief Magistrate, yet, as the case is one of overruling necessity, I have made up my mind to do it. I will invest him, if need be, with all the power of the nation, and charge him, by the sacred trust reposed in him by the constitution, to stretch forth his arm, thus strengthened and sustained, and defend and preserve the Union. With this view, I support, and shall vote for the passage of the bill. After speaking for about half an hour, Mr. E. yielded the floor to give an opportunity for a motion to adjourn. Mr. RUGGLES then moved that the Senate now adjourn. Negatived-Yeas 10, nays 23. Mr. CALHOUN then said, that as the debate was closed on the part of the opponents of the bill, and as there was no disposition on their part to delay the passage of the bill, he hoped that the gentlemen on the other side would consent to postpone the final question until the morning, as the Senate was now thin, and a bill of such importance ought to pass in a full Senate. Several gentlemen, he said, had retired in consequence of indisposi tion: YEAS.-Messrs. Bell, Chambers, Clayton, Dallas, Dick- So the bill was passed, and ordered to be sent to the THURSDAY, FEBRUARY 21. VOTES OF ABSENTEES. Mr. BIBB requested permission to record his name on the list of members who voted last night on the question of the passage of the bill to provide further for the collection of the duties on imports. He stated that he had been unable to attend the evening sessions on account of indisposition. The CHAIR stated that the rule on this subject was positive, but the leave could be given by the unanimous assent of the Senate. Mr. KING stated that he also had been absent when the vote was taken on the final passage of the bill. He had, however, recorded his vote against the engrossment of the bill, and he was indifferent on the subject of any change in the rule on this occasion. Mr. POINDEXTER said that he had not been in his place to record his vote at large against the bill. Mr. CALHOUN said that he had been anxious last evening to postpone the vote on the passage of the bill, in order that it might be taken this morning in a full Senate. He had stated to the Senate that four or five SenaMr. WILKINS rendered a tribute to the liberality of tors opposed to the measure were too unwell to be in their the Senator from South Carolina, who had postponed his seats in the evening. With the object in view which he intention of addressing the Senate, and had thus facilitated had stated, he had moved that the Senate adjourn, but the termination of the debate. But as the Senate had the majority remained inexorable. The only course been notified that the bill would be urged through this which remained for him and his friends was, to vote in a evening, and as it was therefore to be presumed that eve- minority which would not contain the strength of the opry Senator was prepared to vote, and as the public mind position to the bill, or to leave the Senate; and they dewas desirous that this question should be disposed of, he termined on the latter as the more correct course, and as could not consent to delay. There was also another the best calculated to convey an accurate expression of FEB. 21, 1833.] The Recess.-The Tariff. [SENATE. the feeling of the Senate. He regretted that the Senate it was due to the gentleman, who had introduced this had not indulged the opponents of the bill with a final measure of conciliation, to give him all the industry which vote in broad day-light, when both the unwell and the could be contributed to the consummation of his efforts. well would have been able to attend. He felt indiffer- Mr. CLAY acknowledged the liberality of the Senator ence as to whether his vote was recorded or not. from Pennsylvania, which was in conformity with his genMr. FOOT expressed his hope that the unanimous as-eral conduct and character. He himself would prefer a sent of the Senate would be given to allow gentlemen to continuous session to evening sessions. We might try the record their names on a question of such importance. experiment to-day of a continuous session, and see what Whenever an application of this nature had been made, was the chance of getting any bill through. He then it had been customary to grant it. withdrew his motion to postpone. The motion of Mr. KANE was then agreed to, and the rule was rescinded. THE TARIFF. The hour of 12 having arrived, Mr. CLAY moved to take up the special order, being the bill to modify the act of the 14th of July, 1832, and all other acts imposing duties on imports;" which being agreed to, the bill was then taken up in Committee of the Whole, as amended by the select committee to whom it was referred, as follows: Mr. BUCKNER said that he hoped the permission would not be given. He was not present at the passage of the bill, nor did he wish to record his name either against or in favor of its passage. He suggested that there was another course which gentlemen could pursue if they were disposed, and that was for one of the majority to move the reconsideration of the vote of last evening. Mr. HOLMES hoped that the gentleman from Missouri would not object to the allowance of this application. If he was careless about his own vote being recorded, he should recollect that his objection would operate as a check on the other Senators who were opposed to the bill. If, however, the privilege was extended to those who were absent last night, he hoped that it would also be extended to those who were now absent, and that these would have the whole of the day to record their names. Mr. CALIIOUN repeated the expression of his indif Be it enacted by the Senate and House of Representatives ference as to the result of the application, leaving the of the United States of America, in Congress assembled, question in the hands of the majority. That, from and after the thirtieth day of September, one Mr. TYLER said that he felt a little pride in this mat-thousand eight hundred and thirty-three, in all cases ter. He stood single in his negative to the bill; and he was not desirous to lose this proud position, and to share the honor he now enjoyed alone with any others. The application was then withdrawn. THE RECESS. Mr. KANE moved that the Senate now rescind the order passed some weeks since, directing a daily recess from 3 to 5 o'clock. A bill to modify the act of the fourteenth of July, one thousand eight hundred and thirty-two, and all other acts imposing duties on imports. (Strike out the parts within brackets, and insert those parts quoted.) where duties are imposed on foreign imports by the act of the fourteenth day of July, one thousand eight hundred and thirty-two, entitled "An act to alter and amend the several acts imposing duties on imports," or by any other act, shall exceed twenty per centum on the value thereof, one-tenth part of such excess shall be deducted; from and after the thirtieth day of September, one thousand eight hundred and thirty-five, another tenth part thereof shall be deducted; from and after the thirtieth Mr. MOORE moved to lay the motion on the table. Ne-day of September, one thousand eight hundred and thirgatived-Yeas 19, nays 20. ty-seven, another tenth part thereof shall be deducted; Mr. CLAY then remarked that he could not be present from and after the thirtieth day of September, one thouat these evening sessions; for he had found it impossible to sand eight hundred and thirty-nine, another tenth part breathe the impure air of the Senate Chamber after din- thereof shall be deducted; and from and after the thirtiner. He had been twice compelled to absent himself eth day of September, one thousand eight hundred and from the Senate in the evening; and last night he was pre- forty-one, one-half of the residue of such excess shall be vented from giving the vote which he would have given deducted; and from and after the thirtieth day of Septemwith pleasure, in favor of the bill which had then been ber, one thousand eight hundred and forty-two, the other passed. But he desired that an experiment should be half thereof shall be deducted. made to-day, by which it might be tested whether there Sec. 2. And be it further enacted, That so much of the was any probability of a final action on the tariff during second section of the act of the fourteenth of July aforethis session. He would, therefore, move to postpone the said as fixes the rate of duty on all milled and fulled further consideration of this motion until to-morrow. Per- cloths, known by the name of plains, kerseys, or Kendal haps by that time--perhaps by three o'clock to-day--it cottons, of which wool is the only material, the value would be seen whether there was any prospect of acting whereof does not exceed thirty-five cents a square yard, finally on this subject at the present session. He con- at five per centum ad valorem, shall be, and the same is cluded by making his motion to postpone. hereby repealed. And the said articles shall be subject to Mr. CALHOUN expressed a hope that this motion the same duty of fifty per centum as is provided by the would not prevail. Attendance at these evening sessions said second section for other manufactures of wool; which he considered, speaking in the mildest terms, as a great duty shall be liable to the same deductions as are preinconvenience to members. The badness of the atmo-scribed by the first section of this act. sphere was productive of serious injury to health. He Sec. 3. And be it further enacted, That, until the thirtiwould himself much prefer sitting here till five or six eth day of September, one thousand eight hundred and o'clock, or even later, to a recess, and an evening session. forty-two, the duties imposed by existing laws, as modiMr. KANE urged the propriety of rescinding the rule fied by this act, shall remain and continue to be collected. He would be willing to restore the arrangement at [And from and after the day last aforesaid, all duties upany future time when it might be deemed necessary. on imports shall be collected in ready money, and laid for Mr. WILKINS said he would be as happy as any Sena- the purpose of raising such revenue as may be necessary tor to get rid of those recesses and evening sessions, to an economical administration of the Government; and, whenever it could be done with reference to the conveni- for that purpose, shall be equal upon all articles, accordence of the Senate and the despatch of public business.ing to their value, which are not, by this act, declared to He would, on this occasion, willingly put his vote in the be entitled to entry subsequent to the said thirtieth day of hands of the Senator from Kentucky, because he thought | September, one thousand eight hundred and forty-two, now. VOL. IX-44 SENATE.] The Tariff. [FEB. 21, 1833. sand eight hundred and thirty-two, are subject to a less rate of duty than twenty per centum ad valorem, in such manner as not to exceed that rate, and so as to adjust the revenue to either of the said contingencies." free of duty; and, until otherwise directed by law, from and after the said thirtieth day of September, one thousand eight hundred and forty two, such duties shall be at the rate of twenty per cent. ad valorem; and from and after that day, all credits now allowed by law, in the pay- Mr. CLAY then rose to say, that he presumed it would ment of duties, shall be, and hereby are, abolished: Pro- be thought most expedient by the Senate to consider the vided, That nothing herein contained shall be construed amendments made by the Select Committee in the first to prevent the passage of any law, in the event of war place, and dispose of them prior to taking up the bill genewith any foreign Power, for imposing such duties as may rally. The first amendment that came up for immediate be deemed, by Congress, necessary to the prosecution of consideration was intended to make it more acceptable. such war.] "And from and after the day last aforesaid, After adopting the maximum of twenty per cent., above all duties upon imports shall be collected in ready money; which the duties are not, ultimately, to be raised, the and all credits now allowed by law, in the payment of amendment proposes to raise whatever revenue (not exduties, shall be, and hereby are, abolished; and such du- ceeding the maximum) may be then necessary on an ecoties shall be laid for the purpose of raising such revenue nomical system of government. The next principle of as may be necessary to an economical administration of the amendment is, that the restriction which limited the the Government." duties from falling below the general average of twenty Sec. 4. And be it further enacted, That in addition to per cent. is struck out. He hoped to this amendment the articles now exempted by the existing laws from the there would be no objection on the part of the Senate. payment of duties, the following articles, imported from Mr. FORSYTH thought that this amendment was exand after the thirtieth day of September, one thousand tremely objectionable. As he understood the object of eight hundred and thirty-three, and until the thirtieth day the amendment, it would limit the power of Congress, afof September, one thousand eight hundred and forty-ter the year 1842, from making any discrimination of dutwo, shall also be admitted to entry, free from duty, to ties. Where could the gentleman find this power to limit wit: bleached and unbleached linens, "table linen, linen future Congresses? It was said, the intention was to unite napkins, and linen cambrics," manufactures of silk, or of the different existing interests; but in doing this, was it which silk shall be the component material of chief value, necessary to abandon general principles? The present coming from this side of the Cape of Good Hope, "ex- House of Representatives may feel themselves bound, in cept sewing silk," and worsted stuff goods, shawls, and honor, to adopt the measure; but how many of the memother manufactures of silk and worsted. bers who are now in that House may be there in two Sec. 5. And be it further enacted, That from and after years hence? how many in four years? It appeared to the said thirtieth day of September, one thousand eight him as intended to render practicable what was impracti hundred and forty-two, the following articles shall be ad- cable. Yet, though opposed to the principle, and though mitted to entry, free from duty, to wit: [unmanufactured even incorporated in it, he would vote for it notwithstandcotton, indigo, quicksilver, "sulphur, crude saltpetre,ing, as he considered it, at the least, useless, inasmuch as steel, grindstones, refined borax, emory," opium, tin in it could not limit future action. plates and sheets, gum Arabic, gum Senegal, lac dye, Mr. CLAY was sorry that the measure should meet with madder, madder root, nuts and berries used in dying, saf- any objection from the Senator from Georgia. It was intendfron, tumeric, woad or pastel, aloes, ambergris, Burgun-ed as a compromise; as an adjustment between conflicting dy pitch, cochineal, camomile flowers, coriander seed, interests; to preserve harmony and peace among all. If catsup, chalk, coculus indicus, horn plates for lanterns, the gentleman would turn his attention to the amendment, ox horns, other horns and tips, India rubber, unmanufac- he would see that its object was to render the very printured ivory, juniper berries, musk, nuts of all kinds, oil ciple to which the gentleman was opposed less objectionof juniper, unmanufactured rattans and reeds, tortoise able. The bill, as originally reported, required Congress shell, tin foil, shellac, vegetables used principally in dy. to subject all to the same standard of duties; this restricing and composing dyes, weld, and all articles employed tion was struck out by the amendment, and left Congress chiefly for dying, "except alum, copperas, bichromate at discretion below twenty per cent. of potash, prussiate of potash, chromate of potash, and Mr. FORSYTH thought the amendment was liable to nitrate of lead, aqua fortis and tartaric acids," [and all other dying drugs and materials for composing dyes.] "And all imports on which the first section of this act may operate, and all articles now admitted to entry free from duty, or paying a less rate of duty than twenty per centum ad valorem before the said thirtieth day of September, one thousand eight hundred and forty-two, from and after that day may be admitted to entry subject to such duty, not exceeding twenty per centum ad valorem, as shall be provided for by law." the same objection. At the same time he would state, that, wishing to see peace and harmony preserved, though opposed to the principle, he would not vote against it; but he hoped to see it struck out. A future Congress would not be bound by it. Mr. DICKERSON was desirous, in order the better to form his opinion on the subject of the amendment, to hear the views of all the members of the committee. The amendment contained a new principle, that "such duties shall be raised as an economical administration of the Sec. 6. And be it further enacted, That so much of the Government may require." He wished to be informed, act of the fourteenth day of July, one thousand eight hun-if, under this proposition, it was not intended, indirectly, dred and thirty-two, or of any other act as is inconsist- to do away, hereafter, with the principle of an incidental ent with this act, shall be, and the same is hereby repeal- and discriminating protection? If, by adopting this, the ed: Provided, That nothing herein contained shall be so object was that the principle of protection should not be construed as to prevent the passage, prior or subsequent taken into consideration in raising the future revenue, to the said thirtieth day of September, one thousand eight he would say that he would strongly oppose it. hundred and forty-two, of any act or acts, from time to Mr. CLAY said it always afforded him pleasure to give time, that may be necessary to detect, prevent, or punish all the information in his power. But in this state, the obevasions of the duties on imports imposed by law; "nor jection of the gentleman was not well founded. On the to prevent the passage of any act prior to the thirtieth question of the amendment, he (Mr. C.) only considered day of September, one thousand eight hundred and forty-it a question of comparison whether the amendment two, in the contingency either of excess or deficiency of should be preferred to the original text; by voting for the revenue, altering the rate of duties on articles which, by amendment, as he took it, no gentleman pledged himself the aforesaid act of the fourteenth day of July, one thou to its principle; it was only that he preferred it to the FEB. 21, 1833.] The Tariff. [SENATE. original text. But, sir, said Mr. C., there is no conceal-passing through the Committee of the Whole, the same ment in the bill, as gentlemen will see by turning to the opportunity would then exist to amend the bill. next clause. After nine and a half years, the principle of protection is limited to twenty per cent.; but below that amount, the principle is expressly preserved. Mr. CLAYTON, after some remarks, which, from being spoken in a low tone of voice, were not distinctly audible in the gallery, but in which he was understood to say that the main question could not be fully embraced till the additional amendment about to be submitted by the gentleman from Kentucky, [Mr. CLAY,] relative to the home valuation, came up, proceeded to say, it would then be seen it was not intended to surrender the principle of protection. For his own part, he would never surrender it; he hoped in God no future Congress would be found to do so; for he held that this Government could not exist under those circumstances. Mr. SMITH said he would vote for the amendment, though he was opposed to the principles of the bill. Mr. WILKINS expressed his intention to avail himself of the proper opportunity, and then withdrew his motion. The CHAIR was proceeding to take the sense of the Senate on the amendments separately, when it was suggested by Mr. CHAMBERS to take the question on them in the aggregate. Mr. CLAY said if such were the wish of the Senate, to take the vote on them in the aggregate, he would briefly state the object of the various amendments separately. Mr. C. then briefly analyzed each, stating its drift and meaning. The question was then put, when the amendments were adopted. Mr. DICKERSON gave notice that, at a proper period, he would move to strike out so much of that section wherein duties were imposed upon alum, brimstone, and some other articles, and to insert the clause of the bill of 1832, in which the several articles free of duty are enu Mr. FORSYTH said he should conform to the wish to adopt the amendments for the present, and reserve his re-merated. marks for a future occasion. Mr. CLAY said he had an amendment which he wished Mr. CLAYTON said, that he was willing to make a to offer before he submitted the leading one, of which he compromise, if it could be done; but he would show the had already given notice. The one which he now wished limits to which he was willing to go. He saw no special to offer regarded the time when the bill was to come into occasion to do so now, when these amendments were un-operation. As the bill was now before the Senate, the der consideration, which he believed the committee had 30th of September next was fixed on. He had had some all concurred in. communications on the subject from New York, stating Mr. WEBSTER said that, in his opinion, the principle the inconvenience that would arise from fixing the comin the amendment and in the bill was equally objectiona- mencement at the 1st of October, and also from Rich. ble; in the one, and in the other, it was proposed to limit mond. These communications stated that August and Septhe action of Congress. Considering that those amendments were now but in committee, and that they would come up again, he would not now make any motion to strike out; but at a future period it was his intention to ask for the ayes and noes on those several propositions. Mr. DICKERSON said he would not vote for the principle in either case. It was said that it was not the object to limit Congress in respect to the power of discrimination; but there was a limit to this discrimination to which he would not agree. With the general average of twenty per cent., in his opinion, there could be no protection; it might as well be fixed at five per cent. tember were the months when most merchants made their purchases, and the effect of the bill must be to prevent sales taking place till the goods would come in under the new duties. They proposed the 31st of December or 1st of January next, as better for both the importers and the buyers. He had modified the bill to suit the change; the commencement of it was put off one quarter; and, to meet this, its termination was brought a quarter in advance. He hoped that this change would meet with the concurrence of the Senate. Mr. C. then moved his amendment to this effect, which was agreed to. Mr. CLAYTON made some remarks in reply, to show Mr. CLAY now rose to propose the amendment of that, though the bill went to limit the duties, after nine which he had previously given notice. The object was, and a half years, to twenty per cent., the principle of that after the period prescribed by the bill, all duties protection was not surrendered. The gentleman from should thereafter be assessed on a valuation made at the Massachusetts [Mr. WEBSTER] had drawn up, he said, a port in which the goods are first imported, and under series of resolutions--and ably drawn up, in his opinion-- such regulations as may be prescribed by law." Mr. in which the principle was admitted that it was practica-C. said it would be seen by this amendment, that in place ble to devise a system, in which the protective policy of having a foreign valuation, it was intended to have would be preserved, and yet reduce the tariff to the a home one. It was believed by the friends of the prowants of the Government; but it was held that time must tective system, that such a regulation was necessary. It be given for this, and it could only be perfected with was believed by many of the friends of the system, that much time and labor. If such were the fact, he (Mr. after the period of nine and a half years, the most of our C.) saw nothing in the immediate amendment that gave manufactures will be sufficiently grown to be able to supup the principle. He had already said that this he would port themselves under a duty of twenty per cent., if pronever surrender; and if he so understood the amend-perly laid; but that under a system of foreign valuation, ment, he would never agree to it. such would not be the case. They say that it would be Mr. WILKINS said that the amendment struck him as more detrimental to their interests than the lowest scale useful, so far as the restriction on Congress to discrimi- of duties that could be imposed; and you propose to fix a nate below twenty per cent. was taken away. It was standard of duties. They are willing to take you at your wise to leave Congress unfettered. But he held that the word, provided you regulate this in a way to do them subsequent words, "such duties as an economical admin- justice. istration of the Government may require," did not mean any thing, and were useless: it was nothing but a general admonition, which every Congress was bound to follow; and he should therefore move to strike out the words. Mr. CHAMBERS said he did not mean, at that time, to give his opinion on that or any other of the amendments. He only wished to remind the gentleman that they were then in committee; and that in adopting the amendments now there was no pledge given. After Mr. C. said that, to effect a system of home valuation, was deemed to be impracticable; but he wished it to be recollected that, in this proposition, there was only an acknowledgment of the principle, and the regulation of it was left to other Congresses. He hoped that the friends and the opponents of the system would not differ on this proposition, which was merely a speculative point open for future legislation. Mr. SMITH opposed the amendment, on the ground |