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220 Cond. 24 Sess.)
Report of the Committee on Manufactures.
ceeds of the sales of the public lands may be applied to any branches of the national industry should not exceed the special improvement of the Western country; that what may be necessary to counteract the regulations of they may be, beneficially to all, expended among the set. foreign nations, and to secure a supply of those articles of tlers on the public lands themselves, and, while contribut- manufacture essential to the national independence and ing to the improvement of the whole Union, facilitate and safety in time of war.” If the enunciation of the princi. encourage the progress of the new settlements, by fur- ple of legitimate protection in these terms discloses a nishing, at once, occupation for industry, reward for labor, mind in search of reasons for withdrawing the protection and the rapid appreciation of the lands upon which the secured by existing laws, it is rather in the disposition settlers may fix their abode. Such, the subscribers be- thus evinced, than in the abstract proposition with which lieve, are the dictates a policy, at once prudent and it is clothed, that the manufacturing interest may discera magnanimous: but this policy cannot be promoted by ar- the determined hostility with which it is assailed. Tlie resting the progress of works already commenced; by re- manufacturer asks for no protection beyond that which fusing appropriations for works demonstrated to be of a may be necessary to counteract the regulations of foreiga national character; or by giving away to single adven- nations, and to secure a supply of the articles essential to turers, or to the new States, the whole invaluable fund, the national safety in time of war. But this protection inexhaustible, if duly managed, for long centuries to come, has been extended to the manufacturing establishments of lands purchased by the blood of our revolutionary fa- by the existing laws. It has been extended to them, not thers, and by their treasures or our own.
as a favor to that separate interest, for no such favor hus In this examination of the proposal to give away all the ever been indulged in the legislation of the Union, but for public lands of the Union, the subscribers have deemed it the purpose of counteracting the injury of foreign regulaibeir indispensable duty, though a painful one it has been, tions, and for the purpose of securing the supply of artito resort to the first principles of natural justice, to the cles essential to the national safety in war. The manusacred right of property, and to the positive injunctions facturers of the old and long settled States have been of the constitution, to prove that it is alike subversive of protected from the injurious regulations of foreign nations, them all. The project itself is not new: the subscribers as the planters of the South and the settlers of the West are unwilling either to trace its origin, or to scan the mo- have been protected from the depredations and hostile tives and purposes from which it proceeded. But never incursions of Indian savages. Nearly the whole charge of before have they witnessed; never again, they will hope, the military peace establishment is borne by the nation may it be seen seriously recommended in a message from for the protection of the South and of the West
. Of the the President to the Congress of the United States. The millions upon millions expended, ever since the existence public lands are the property of the Union; the possession, of the Government, upon Indian wars and negotiations, the use, and the disposal of them, for the benefit of the the manufacturer of Pennsylvania, of New Jersey, and of whole, are guarantied by the clementary principle at the Massachusetts, has paid, and continues to pay, his full foundation of civil society, by the immutable laws of jus- proportion. And what is Indian war or Indian negotiatice, and by the express terms of the constitution, which tion to him? The whole naval establishment of the Union we have all sworn to support. The power to give them is maintained 10 protect the immediate interest of the away has not only never been delegated to Congress, it commercial part of the community. The manufacturer
, has been, by direct implication, prohibited. The at the farmer, the planter, have no direct interest in this tempt to give them away, by an act of Congress; would they all pay taxes to protect from foreign hostility the be an act of transcendent usurpation, null and void in property of the merchant, and the person of the navigator itself, and substituting arbitrary power in the place of The war last waged with Great Britain, and which cost constitutional right. The attempt to carry it into effect the nation upwards of a hundred
millions of dollars, and would be a dissolution of the Union, an inextinguishable perhaps fifty thousand lives, for what was it proclaimed brand of civil war. This the subscribers do with the pro- but for wrongs to the merclient and mariner, in which foundest conviction believe; this they cannot, without the manufacturer and the farmer, as distinct classes of violating the trust reposed in them by their constituents, society, liad not one dollar of interest; yet for the mainterefrain from declaring. They solemnly deprecate the nance of which they bore their equal portion of taxation
, contingency that such a proposal should ever again be and devoted their equal portion of lives? The manufacmade.
turer of the interior has the same right to the protection Congenial with it, and apparently fowing from the of the whole Union against the regulations of foreign same erroneous and partial fundamental principle of go- countries, as the merchant upon the coast, or the mariner vernment, that the wealthy landholders are the best part upon the ocean. The manufacturer of the North has tlie of the population, the subscribers are constrained to con- same right to the protection of the nation against the comsider all the recommendations of the message in relation petition of foreign rivals, armed with foreign laws, as the to the manufacturing interest of the country. The spirit planter of the South, or the settler in the West
, has to of the message looks steadily, though with occasional the same protection against the robberies and butcheries blenching, to that interest, as a victim to be sacrificed. of Indian savages, instigated by the secret impulses and The approaches to the altar are not always direct, but profuse subsidies of the same foreign rivals. The manuthe instrument of death is never sheathed, and the grasp facturer asks no more. The principle in the message with which it is held is ever intent to strike the blow. As now under examination is in terms equally applicable to in the principle of limitation to the congressional power all branches of the national industry. The protection of appropriating money for internal improvement, so, in afforded by existing laws to the Southern planter and the the restriction of that which may be exercised for the Western settler, to the merchant and navigator, should protection of domestic industry, care is taken to com not exceed what may be necessary to counteract foreign mence with a general axiom, which the friends of the hostility, and secure the national independence and safety manufacturing interest themselves will readily admit. If the separate and exclusive interest of the manufacturer That the revenue of the National Government should be or of the Northern farmer were consulted, the army might adapted to their expenditures, and that the expenditures be disbanded; the wooden walls of the navy might be should be strictly limited within the sphere of objects laid up in ordinary, and its gullant seamen be discharged warranted by the constitution, and regulated by a severe from the service. " 'six or seven annual millions more of and vigilant economy, the most ardent friends of the expenditure miglit be retrenched, and the Government manufactures will cheerfully allow. Nor would they be reduced to a machine of still more edifying simplicity: deny " that the protection afforded by existing laws to so simple, indeed, as to be left without occupation wur.
Report of the Committee on Manufactures.
[220 Cong. 2d Sess.
thy of the cost of its own maintenance, and bound, in the sity that duties should be laid on goods, wares, and mer
pursuit of its own policy, to dissolve itself as a useless chandises imported, the purposes to be accomplished by Related and cumbersome burden to the nation.
that act were declared to be the support of Government, But the practical question of the message is not what the discharge of the debts of the United States, and the **0. degree of protection ought to be extended to any branch encouragement and protection of manufactures. Thus,
of the national industry, but what degree of protection, from the very foundation of this Government, from the 1.12. by the existing laws, it ought not to exceed. And the day when George Washington was first inaugurated as in principle is thus laid down by way of introduction, to a President of the United States, the protection, ay, and the px 25 recommendation that the protection actually granted by encouragement, of manufactures has formed one of the
ce the existing laws to a particular interest, namely, that of fundamental objects of the national policy. But here, in at is a the manufactures, should be gradually diminished, if, up- the compass of one short page of this message, we are beror on investigation, it shall be found, as it is believed it will told, first, that the protection afforded by existing laws to pola be, that the legislative protection granted to that interest any branches of the national industry should not exceed ne is greater than is indispensably requisite for these objects, what may be necessary to counteract the regulations of Ball that is, fo. counteracting the regulations of foreign na- foreign nations, and to secure a supply of those articles piszts.tions, and for securing a supply of those articles of manu- of manufacture essential to the national independence and besides facture essential to the national independence and safety safety in time of war. 'This, we are told, is, in justice, rre in time of war.
due in effecting the adjustment of the future revenue to ok. To this inquiry and investigation the subscribers would the interest of the different States, and even the presernok interpose no objection whatever, provided that the same vation of the Union itself. And, in the next breath, we zez investigation shall be instituted to ascertain whether the are told that the policy of protection must be ultimately
protection granted by existing laws to other great though limited to those articles of domestic manufacture which 15:* partial interests, namely, to the Southern planter and are indispensable to our safety in time of war. The prinDoc Western settler, to the merchant and the mariner, do not ciple of affording encouragement to manufactures, prosi aceed what may be indispensably requisite for counter-claimed in the first act of the first Congress, is discarded. minus cting the regulations of foreign nations, and for securing The protection to be gradually diminished is the protec
terke independence and safety of the nation. The investition of existing laws. The revenue is to be reduced, not bation, to be just and impartial, must extend equally to all merely for adaptation to the necessities of the public ex
the bisbe interests protect ed by the expenditure of the national penditures, but with the express object and design of disSevenues; and, if the standard of inquiry shall be the couragement to manufactures, by diminishing the protec
mallest possible amount of protection indispensable to tion which they enjoy; nor is this discouragement to cease, le manufacturers, let the same standard, the smallest pos- till all the protection which now shields them from the ble amount indispensable to the planter and the settler, deadly hostility of foreign competitors, dictating the deathle merchant and mariner, be applied to the estimates of warrants of foreign legislation, shall be withdrawn, and xpenditure to be hereafter bestowed upon them. the niggardly boon of protection shall be denied to all but But the subscribers cannot forbear to call the attention articles of indispensable necessity to safety in time of war.
the House, and of the nation, to the formal abandon- It is, therefore, a revolution in the Government which lent, in the message, of the very principle of just and the message now proposes. It is the adoption for the fuwful protection to the manufacturing interest laid downture of a system of policy directly opposite to that with itself
. Scarcely has the circle of liinitation been drawn which the administration of Washington laid the foundaund the unquestionable duty of the Government to pro- tions of the social existence of this great community--our et the manufactures by its laws, when, by a most remark. National and Federal Union. Those foundations were, ile instance of self-contradiction, the message abandons that all the great interests of the nation were alike entiown principle, and substitutes another and a totally tled to defence and protection by the national arm, and fferent one in its stead. “Those (it now says) who from the national purse. And to the interest of manufacke an enlarged view of the condition of our country, tures was the first pledge of encouragement and protec
ust be satisfied that the policy of protection must be tion self-imposed by the good faith of the nation. That al pe timately limited to those articles of domestic manufac- pledge is now, by the recommendations of this message,
which are indispensable to our safety in time of war.” sio be withdrawn. The Government is to be reduced to ga ni he subscribers will not scrutinize, with logical acute a simple machine, and its operations of superintending be
ss, the further limitations, even of this measure, which neficence are to be unfelt. The great body of the manuy be detected in the subsequent qualifications of this facturers, including the numerous classes of mechanics,
minished standard; nor inquire how the indefiniteness handicraftsmen, and artificers, and with them great mul3. I reasonable scale and of a liberal support” can be titudes of cultivators of the soil, though not that best part is plied to a list of articles indispensable to the safety of of the population, the independent freeholders, all the is the nation. Articles indispensable to the safety of a na- hard working men, in short, the laboring part of the ex, beress in would seem to admit of little latitude in the formation clusively free population of the country, are to be turned their
catalogue; nor can much commendation be due out of the paternal mansion, cast off as worthless children the liberality which provides for its own indispensable of the common parent, and surrendered to the mercy of ple* Cessities; but it is to the principle itself that the sub- foreign-laws, enacted for the express purpose of feeding
tibers deem it their duty to take exception, as utterly foreign mouths with the bread denied by our simplified consistent with that which had been just before laid machine of Government to them. Wn; as abandoning the future interests of domestic in- Under that system of policy, thus now proposed to be stry to the mercy of foreign legislation, leagued with abandoned and proscribed, the nation has risen from a
reign competition; and, finally, as consigning all the depth of weakness, imbecility, and distress, to an emimais eat, manufacturing establishments of the country to nence of prosperity unexampled in the annals of the world. seedy and inevitable destruction.
It has flourished in despite of all foreign competition, and In this last proposition, as in the recommendation to all foreign legislation, whether in peace or at war. It has ve away all the public lands, the House and the coun- flourished by the undeviating pursuit of that very policy
cannot fail to discern a projected revolution of Govern. which we are now urged to abandon and to proscribe. ent. When the very first act of Congress, after the or- It was by counter-legislation to the regulations of foreign nization of the new Government, that appears upon nations, that the first operations of tine Government of the e statute book of the United States, declared the neces- / United States were feli by their people: felt, in the actir
220 Cong. 2d Sess.]
Report of the Committee on Manufactures. vity given to their commerce--felt, in the encouragement fect the right of the manufacturer to protection, or the and protection extended to their manufactures--felt, in duty of the Government to extend it. It is the interest of the fulfilment of the public engagements to the creditors the citizen, and not the wants of the country, which cir of the nation--felt, in the gradual, though the subscribers cumscribes the legitimate objects of protection. In the grieve to say yet imperfect, discharge of the debt of 'jus- formation of the social compact, undoubtedly the safety tice and of gratitude due to the warriors of the revolutiory and independence of the whole are the ultimate object of --felt, in the rapid increase of our population, in the con- every engagement undertaken by the community to prostantly and profitably occupied industry of the people, in tect the interests of every one of its parts; but that safety the consideration and respect of foreign nations for our and independence are to be secured as much by the precharacter, in the comfort, and wellbeing, and happiness, tection of interests, contributing to her wellbeing in time of the community--felt, in every nerve and sinew, in every of peace, as by that of securing to herself a supply of the vein and artery of the body politic. That for this Govern- instruments of death, necessary for a battle or a siege. ment the proposition should now be earnestly pressed But were the distinction assumed in the message,
of upon Congress to substitute another, the supreme excel- discriminating between articles of manufacture, indispenlence of which shall consist in its being unfelt, when we sable to the safety of the nation in time of war, and other look to the source from which the exhortation proceeds, articles, with reference to the respective rights of each of cannot but move our special wonder. The subscribers the classes to temporary or permanent protection, just
, can have no partiality for a Government, founded' upon why is this specific mode of protection, high duties upon the consideration that the benefit of its operations shall be the imported article, recommended? If the object to be unfelt.
attained is to secure an abundant supply of the articles
, From the great manufacturing interest of this country, the policy of the Government would seem to be rather to * then, and from all the interests, whether agricultural or admit them free of impost, and even to encourage the ima 4,5 commercial, indissolubly linked with it, the protection of portation of them by bounties, than to burden them with 1: the national laws now existing is, so far as they are or onerous duties. The articles of most indispensable niemay be affected by foreign regulations, by the recommen- cessity in time of war, are articles of little or no use in dations of the message, to be gradually withdrawn: and time of peace. The policy of erecting and supporting protection is hereafter to be limited to one specific class manufactures of them in time of peace, that is, at a time sa of articles of manufacture, under the denomination of ar- when, from their very nature and from the slender des ticles indispensable to the safety of the nation in time of mand for them, they must be obtainable from abroad upem
The subscribers ask, what is the reason for this dis- the cheapest terms, and when you have little or no de tinction; and what are the articles thus to be distinguish- mand or use for the articles which you thus deliberately ed with pre-eminent and permanent favor? Why is pro- make costly to you beyond all necessity or reason, seems tection, why is this specific mode of protection, by high to be exceedingly questionable. You saddle with burden and probibitory duties upon the article when imported some taxation articles which you might obtain almost gat from abroad, to be extended to articles indispensable to tuitously from abroad; you tax yourselves to pay cho the national safety in time of war, when it is at the same mously dear for articles which you compel yourselves to time to be denied to all others? The protection of ligh buy, which you do not want, and for which you have me duties is founded upon the principle of shielding the do- use, because the time may come when you will want then mestic manufacturer from the ruinous competition of fo- and then you choose to have them made by your own a reigners, producers of the same article. This principle tizen, and by no foreigner, when the very tax that properties is founded, not upon the nature or uses of the article, but impose, would supply you from abroad with stores of the upon the right of the citizen to protection, pledged to article sufficient for a ten years' war, at less cost than him by the social compact, the correlative obligation of now lavish upon your manufacturer to furnish you the bis country to him, for his duty and obligation of allegi- same supply. Again, it may very reasonably be question ance to her. Why are the planter of the South, and the cd whether in the present or in any possible future com new settler of the West, entitled to the protection of the dition of this country, and of the rest of the world, ang nation, at the cost of many annual millions, to maintain an article of domestic manufacture whatever can be essential army to make that protection effective? Why, but because to the independence or safety of the nation in the sense that planter and that settler are bound in allegiance to that that it must necessarily be manufactured within the count country wlose protection they are thereby entitled to try, and not imported from abroad. Assume the broad claim' Why are the merchant, the mariner, the fisher principle that the independence and safety of a nation are man, entitled to protection and why is a navy maintained highly promoted and rendered effective by her possessing at the cost of annual millions to make that protection ef- within herself all the resources essential to the subsistence, fective? Because the merchant, the mariner, the fisher- the comfort, and the enjoyments of her people in war am man, owe their allegiance to the country which protects in peace, and the subscribers give to it their hearty ascenti them. This protection is due to them in peace as well as and from this principle they derive the firm belief that in war: clse why do you maintain an army and a navy in sound policy requires of thie nation the constant, permet time of prace? The manufacturer is entitled to the same tual protection of the manufacturing interest generally protection from his country as the planter, as the new set- as the duties of the social compact impose the same pro tler, as the merchant, as the mariner, as the fisherman, tection upon her, as a duty to the citizen manufacturer and for the same reason, because he owes to that country Narrow down your protective system to a mere list of com bis allegiance. He bears his portion of the burden of ex- traband of war, and you not only load the nation with penditures, sustained by tlic nation to maintain an army burdens, utterly useless to herself when she bears therm and a navy for the protection of interests which are not inadequate to your purpose in the very contingency for his. He has a right to claim the same protection to his which you would provide, but you put to the ban a ver It is the right of the citizen, and not the necessi- multitude of the free
laborers of the country, and involve ties of the community, which constitutes the fundamental yourselves in the inextricable absurdity of holding the mine principle, upon which the obligation to protect the inte. tion bound to foster
and encourage the arts of war, and ta rest of the manufacturer, or of any other member of socie- prostrate and sacrifice the arts of peace. ty, is incumbent upon the nation. The subscribers bez The subscribers are then convinced that the principle lieve, therefore, that the distinction between articles of broadly laid down in the message, that the policy of manufacture indispensable to the safety of the nation in protection must be ultimately
limited to those articles of time of war, and other articles, cannot in any manner af- domestic manufacture which are indispensable to our
Report of the Committee on Manufactures.
(22d Cong. 2d Sess.
safety in time of war," is erroneous and unsound. They ciple of raising twelve millions and a half of revenue upon remark that this is the first time that such a policy has from sixty-five to seventy millions of dutiable commodiever been suggested by any Chief of the Executive Go- ties, at rates of from ten to twenty per cent., varying from vernment to Congress, from the establishment of the con- them chiefly in those instances where national'indepenstitution to this day, and that it is proposed avowedly to dence in time of war seemed to demand some sacrifice in subvert the system of policy which has hitherto invariably peace, (as in the case of iron.) Thus iron is the only prevailed. Alarmed at the violation of rights, and at the article specified by the Committee of Ways and Means as desolation of property which it portends, in a special man. entitled to extraordinary and permanent protection, by ner, to the great mass of their constituents, they seek in heavy duties of impost, to defend the article of domestic prothe message itself the arguments by which this novel plan duction from the competition of importation from abroad; of Government is attempted to be sustained. They are and the exemplification in their bill is, to shield the artiaware that it flows, very naturally and directly, from the cle of iron by duties five or six times heavier than the fundamental maxim that the wealthy landholders, cultiva- fragment of impost to which they abandon the articles of tors of the soil, are the best part of the population; that wool, woollens, and cotton fabrics. But this favoritism, it is entirely congenial to the determined purpose of abo- extended to the article of iron, is founded upon a misaplishing the National Bank; that it tallies exactly with the plication of the principle upon which it professes to rely. proposal to give away all the public lands, to multiply the | The only reason which makes it an object of importance best part of the population; that it is in perfect coinci- to the nation, to possess within itself a supply of articles dence with the proposal to abandon gradually all appro- of exclusive use and necessity in times and for purposes priations for internal improvements, to sell all the stocks of war, is because the supply of those articles from abroad, beld by the Government in the funds of incorporated in time of war, may be cut off, or greatly obstructed by companies, ard then to reduce the duties of impost to a the power of the enemy. Of all other articles, the supsimple, economical revenue standard.
ply may be as abundant from abroad in time of war, by “ AU are but parts of one stupendous whole."
the conveyance of neutral flags, as in time of peace.
The articles usually denominated contraband of war, may And, in carrying out this system to its inevitable conse- be intercepted by the enemy, and cannot be protected quences, it is apparent that, when all this shall have been by the neutral flag. The list of these articles of contralone, the same spirit of simplicity and reform will com- band is usually regulated by treaties. The number of pand that the army should be disbanded, because its only them, as recognised by the customary law of nations, use is to protect one portion of the community at the ex- independent of treaty stipulations, is very unsettled. Great dense of all the rest; that the navy should be gradually di- Britain being almost always a belligerent nation, and pospinished, and ultimately abolished, because the degree of sessed preponderating power upon the ocean, has, in protection which it extends to the commerce and naviga- latter times, constantly struggled to enlarge the list by ion of the country may exceed what shall be indispensa- including in it not merely the fabricated instruments of ly necessary to counteract the regulations of foreign warlike destruction, such as cannon, muskets, swords, Powers; and, finally, that the Government of the Union, pikes, bombs, grenades, and the like, but provisions, and implified into a machine of total uselessness and inability the materials especially for shipbuilding. All the other o protect any great interest of the nation, should dissolve maritime nations, on their part, endeavor to contract the Iself into its original elements, and vanisit--the baseless list of contraband, and confine it to articles actually àbric of a vision.
wrought, and manufactured, and used only and excluThe subscribers believe that, to secure to the nation sively for war. We have had treaties both with France Luring war a supply of all the articles necessary to the and Great Britain, each containing a list of articles to be absistence, comfort, and wellbeing of the people, is one understood between the parties as contraband of war. (the objects which require and command the protection The treaties with France contain the most contracted, f manufactures generally, as one of the great duties of and the treaty of 19th November, 1794, with Great Brihe nation itself; but to limit the policy of protection to tain, the largest list of contraband that has ever been he articles of domestic manufacture indispensable to our claimed by modern belligerent nations; and it so happens afety in time of war, is tantamount to the denial of all that, in both these treaties, unwrought iron is expressly protection to every article, excepting those the want of excluded from the list of contraband. No nation has ever phich, and the uses of which, are applicable only to the pretended that it was, or should be, included in that list. tate of war. Food and raiment are articles indispensable The supply of it from abroad cannot, therefore, be intero the safety of a nation in war as well as in peace. If it cepted by the enemy in time of war, and there is no reagere meant that all articles of domestic manufacture, son whatever for protecting, by high duties, the domestic erving for food or raiment, should be entitled to the per- production of it against the foreign competitor, other than panent and ultimate protection of the National Govern- the reason common to all other articles or productions bent, the limitation itself presented by the message would of domestic industry. It stands upon the same footve nugatory. With that understanding all the manufac- ing with all the rest, and has no claim whatever to supe. ures of woollen and of cotton would have an equal claim rior protection, from its being merely the principal mateD permanent protection with those of iron, lead, or cop-rial from which the instruments of death are composed. ver. The necessities of the nation in time of war furnish It is, therefore, extreme injustice to all other articles of an unanswerable argument for the protection of its manu- domestic growth or manufacture, to withdraw from them actures of all its manufactures in time of peace. This their just share of protection to heap it upon the solitary * the sound principle. The attempt to draw a line of article of iron. listinction between articles indispensable to our safety in The subscribers, therefore, believe that the principle ime of war, and all other articles, with a view to confer the itself advanced in the message, and illustrated by the reExclusive privilege of permanent protection upon the for- commendation gradually to withdraw from the manufacDer, and to withdraw all protection from the latter, must be tures of the country all the protection which they enjoy Itterly deceptive, and, if carried out into practice, could by the existing laws of the United States, with the single erminate only in gross injustice.
exception of the articles indispensably necessary for the In the report of the Committee of Ways and Means, national independence and safety in time of war, is incorwhich accompanied their bill to reduce and otherwise rect, unjust, and unconstitutional. They believe that ulter the duties on imports, it is said that they have en protection, permanent protection, to the interest of doleavored to arrange the duties with reference to the prin-mestic industry, including agriculture, manufactures, and
22d Cong. 2d Sess.]
Report of the Committee on Manufactures.
the mechanic arts, is a right secured to the citizens, whose all further obligation to maintain or preserve their political property and subsistence depend upon that protection, connexion with the people of the other States, and would by the constitution itself, as well as by the laws; that the forthwith proceed to organize a separate Government, withdrawal from them of that protection would be the and do all other acts and things which sovereign and indenial to them of a constitutional right, and equivalent to dependent States might of right do. a sentence of banishment upon them. In saying this, the This ordinance was issued, bearing date the 24th day subscribers do not deny the right of the Government to of November. Ten days after which, on the 4th of Demodify this protection by an adjustment of the revenue cember, the message of the President, after noticing that, to the necessary public expenditures. They object nei- in one quarter of the United States, opposition to the rether to the reduction of the revenue, nor to the reduction venue laws had risen to a height which threatened to of duties of imposts; both these operations may be effect. thwart their execution, if not to endanger the integrity ed without impairing the protection enjoyed by domestic of the Union, observes that, whatever obstructions may industry, and they are precisely the operations which it is, be thrown in the way of the judicial authorities of the at this time, the duty of the Government of the United General Government, it was hoped they would be able, States to perform.
peaceably, to overcome them by the prudence of their The recommendation of the message gradually to with own officers, and the patriotism of the people; but that, draw from the manufactures the protection which they should this reasonable hope be disappointed, it was be. enjoy by existing laws, appears to the subscribers the lieved the laws themselves were fully adequate to the more exceptionable, as it obviously countenances the prin- suppression of such attempts as might be immediately ciples asserted, as well as the attitude assumed, of hosti- made; and that, should the exigency arise, rendering the lity to the manufacturing interest, and of defiance to the execution of the existing laws impracticable, from any Government of the Union, under the shield of State sove- cause whatever, prompt notice of it would be given to reignty, by popular commotion in one of the members of Congress, with the suggestion of such views and mea. the Union. Before the message was delivered, a conven- sures as might be necessary to meet it. tion, assuming to represent the people of South Carolina, The subscribers could not but obscrve with concern and to exercise, in their name, an absolute, unlimited, and surprise, that, in a message delivered at a time when and, therefore, despotic power of sovereignty, had is- the abovementioned ordinance of the South Carolina consued an ordinance, declaring and ordaining that all the vention bad been ten days issued, and when its contents several acts and parts of acts of the Congress of the Unit- had been
several days fully known in this city, the condied States, for imposing duties and imposts on the im- tion of things, and the opposition to the execution of the portation of foreign com:nodities, and now having actual laws of the United States in the State of South Carolina, operation and effect within the United States, were null, was described in terms so inadequate, as appeared to them, void, and no law, nor binding upon the State of South Ca- to the real magnitude of the crisis in the affairs of the rolina, its officers, or citizens.
Union. A document purporting to be the act of the soreAnd the same convention, by the same ordinance, had reign people of South Carolina--an act of sovereignty so ordained that all promises, contracts, and obligations, transcendent as to speak in the language of command to made or entered into, or to be made or entered into, with the Legislature of the State, as to prescribe oaths to be purpose to secure the duties imposed by the said acts, taken by the existing officers, civil and military, of the and all judicial proceedings which should be thereafter State, on the penalty of forfeiting their offices an act of had in affirmance thereof, were, and should be, held ut- an authority spurning, as beneath it, the ties of morality, terly null and void.
and assuming to annul existing promises, contracts, and The same convention had further ordained that it should obligations-an act, first depriving the civil tribunals, both not be lawful for any of the constituted authorities, whe- of the State and of the
United States, of the power of perther of the State of South Carolina or of the United States, forming their judicial functions, and then declaring that to enforce the payment of duties imposed by the said acts the first effort of the Federal Government to enforce the of Congress within the limits of that State;' that it should laws of the Union, otherwise than through the judicial be the duty of the Legislature to adopt such measures, tribunals, should be the signal to the State of South Caro enforcement, and arrest the operation of the said acts, forming a separate Government—this act, accompanied and parts of acts
, of the Congress of the United States, with addresses to the people of the State, and of the other within the limits of that State, from and after the 1st day twenty-three States, declaring that it was the fixed and of February then next.
unalterable determination of the people of South CaroThe same convention had further ordained that all the lina never more to submit to a protecting tariff, must officers of the State, civil or military, except members of have been in the possession of the President at the time the Legislature, should take an oath to obey, execute, when his message was communicated to the two Houses and enforce the said ordinance, and such act or acts of of Congress
. Only six days after the delivery of this apthe Legislature as might be passed in pursuance thereof; nual message, the proclamation emanating from the same that the offices of every individual who should omit or source, was published to the world, founded, as appears neglect to take this oath, should be, thereby, ipso facto, on its face, upon the ordinance alone, which had thus been vacated; and that no juror should be empannelled in any in the President's possession before the message was sent of the courts of the state, in any cause in which should to Congress. It would seem that the recommendations of be in question the ordinance, or any act of the Legisla. the message were so nearly identical with the terms con ture passed in pursuance thereof, unless he should first
, descendingly proposed as a concession by the authors el in addition to the usual oath, have taken an oath to obey; the ordinance for the future revenue system of the Union execute, and enforce the ordinance, and all acts of the which South Carolina would graciously consent to pre: Legislature, to carry the same into operation and effect. scribe, that an expectation was entertained that, on the reÅnd the same convention, speaking as the people of ceipt of the message in South Carolina, the
nullifying or South Carolina, further declared that they would consi- dinance would immediately be abrogated. And, indeed enforce the laws thus nullified, otherwise than through the Chief Magistrate with the autocratic concessions of the the civil tribunals of the country, is inconsistent with the South Carolina nullifying convention, there will be found longer continuance of South Carolina in the Union; that between them a shade of difference so nearly imperceptithey would thenceforth hold themselves absolved from Ible, that this expectation was not destitute of foundation.