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FEB. 17, 1832.]

OF DEBATES IN CONGRESS.

The Tariff.

434

[SENATE.

rated by gentlemen, that, whatever may be the effect of this system upon other portions of the Union, to the ported article, a case is put, well calculated to puzzle, but But, to show that the producer pays the duty on the imSouth--especially the elder portions of the Southern really involving a mere sophism. I refer to the case of States-it is every thing that is abhorred and pernicious--the bale of woollens which the gentleman from South a blight, a mildew, a withering curse. denunciation prove nothing, except the warmth of those for cottons exported by the Southern planter, and which Sir, epithet and Carolina has supposed is received directly in exchange who utter them. If injury has been inflicted upon that is stopped at the custom-house, and forty of the hundred section of the Union by the tariff, the mode of operating pieces which it contains taken out as a tax to the Govern. that injury can surely be pointed out. none but visible and sensible means, and must, as I con- position that the bale of woollens is imported for the It can affect it by ment. [P. 17, printed speech.] Now, as to the supceive, be confined to a reduction in the price of the staple consumption of the planter, I have nothing to object of the country, limiting the extent of the demand at home against it, in the view of the subject that I am now taking. or abroad, or enhancing the price of the commodities He does pay the duty, not in his capacity of producer or purchased by the people. I have already shown that the price of the staple (raw cot- and, analyze the transaction, separate it into its four natuexporter, but in the capacity of importer and consumer; ton) is, in some measure, sustained by the tariff-so far, ral elements, which have, by the honorable Senator, been at least, as it has converted cotton lands to the culture of unnaturally combined, and it will be obvious. Let the sugar, and thereby limited the excess of production Southern planter export his crop, lay it down in the Liverwhich would otherwise necessarily have sunk the article pool market, and sell it for the best price he can in even below its present price. I have, also, heretofore cash. This, indeed, is always done: for there is no such shown that the British manufacturer is able to purchase thing as barter there, except through the medium of moof us all that he wishes to purchase, without looking to ney, or bills, which are, for all effective purposes, money. us for the means of payment. That it is for his interest Now, he sells his cotton for just the same price, whether to purchase to the full extent of his market for the manu- he intends to bring home broadcloths or money. Here factured article; that, therefore, the extent of the market the transaction of the producer and the exporter ceases; for the raw material, at home and abroad, is equal to the cotton planter has for his crop cash, which he may what it would have been without the tariff. This view of bring home with him, or, what is still better, leave on dethe case is strengthened by the fact that, since 1824, the posite with his English banker; his bills on that banker, quantity of cotton sold has increased in a ratio equal to he sells to the Philadelphia or New York merchant at a that of former years, and the price has not sunk in as premium, and he has his cash at home, to be disposed great a ratio. I have shown, too, so far as negative can of at pleasure. The Ohio farmer sends pork and beef to be shown, that the price of protected articles has not en- New Orleans, which is shipped to Charleston: or the Kenhanced in consequence of the protection. And no coun- tucky drover takes his horses, mules, and live stock, ter evidence whatever has been brought forward to through the Saluda gap, and they are sold to the planter. prove that a single article has risen higher, or fallen less, The planter pays with the cash which he has brought in consequence of protection, except, indeed, the finest home, or by a draft on his banker in New York, and the woollen fabrics, articles of luxury, in which we have not exactions at the custom-house do not, thus far, affect the yet been able to compete with the British manufacturers. transaction in the remotest degree. The New York merThe Senator from South Carolina has said that the tariff, chant who has bought the draft on England, pays it out by enhancing the price of the manufactured article, tends for British goods, and brings them home; he pays the to diminish its consumption among the poorer classes; duty. Now, if the cotton planter purchases one half thus limiting the extent of the demand, and compelling these goods, and the Ohio farmer the other half, at the first the merchant, then the manufacturer, then the pro- same price, is it not obvious that each pays his equal share ducer, to come down to the lowest price at which each of the duty? No refinement, no sophistry, however ingecan carry on his operations, and thus casting a part of the nious, can change the true character of the transaction. burdens of protection upon the producer, as such, over The consumer, and not the producer, pays the tax, and and above his share of the burden as consumer. ever true this might be, in a possible state of things, the the amount they consume. How- the several sections of the Union pay it in proportion to very reverse of it is known to be the fact with respect to consumer, if the protected article is permanently enhancthe cotton fabric. If the tariff has, in fact, compelled ed in value by the duty laid on it for the purpose of proAs respects the importer and the British manufacturer to work cheaper, and the mer-tection, it is thus far a burden, and its propriety and policy chant to receive less profits, effects which, by the gentle- must be tested by comparing and balancing, as nearly as man's own hypothesis, must be produced before any of may be, its evils with its benefits. the burden can fall on the producer of the raw material, the protected article be not enhanced, no burden whatas they both stand between him and the consumer-if the ever is borne, except what is necessary to sustain the But if the price of merchant and manufacturer are compelled to take less revenue of the country, and no advantage is given by it to profit, the price of the article is, at once, reduced to con- one class of our citizens over another. sumers in all parts of the world, except the United States;

But the honorable Senator from South Carolina [Mr.

and the price being reduced, it is brought into more gene- HAYNE] has told you, that, while other sections of the ral use among the poorer classes, and its sale becomes Union are flourishing, increasing in population, and rising more extensive in nineteen-twentieths of the markets of in wealth, the condition of the South, that of his own State the world. I do not say that the gentleman's position is especially, under the operation of this system, is not merely sound; but, if it be so, this is the first consequence that one of unexampled depression, but of great and all-pervadflows from it. And, sir, with regard to the consumption of ing distress; their once busy and populous cities crumbling cotton fabrics in the United States, which the gentleman into ruin, their fields abandoned, their hospitable manseems to suppose is, or may be, diminished by the protect-sions deserted, and the husbandman, with a heavy and ing system, his whole theory is built upon a supposed despairing heart, tearing himself from the scenes of his augmentation in price, the very reverse of which we childhood and the bones of his ancestors, to seek, in the know to exist. Increased consumption, too, the natural wilderness, exemption from the oppression with which consequence of a diminished price, and more ability to this policy has overwhelmed him. purchase, is obvious to the most careless observer, espepecially in the West. suited to the South by this operation of the tariff. No special injury has, therefore, re-picture greatly overdrawn; although the glowing eloIs this fancy, or is it fact? I am inclined to think the quence, the rich and fervid imagination, and the deep

VOL. VIII.-28

SENATE.]

The Tariff.

[FEB. 17, 1832.

I take leave to refer also to another cause, named by and impassioned tone of feeling in which it is shadowed | forth, tend to give it a welcome entrance into the mind, the honorable Senator from Kentucky, and which has, before it has passed the ordeal of the judgment. But, with the foregoing, a combined operation. The repeal in determining upon fact, simple every-day fact, I would of the laws of primogeniture--the equal distribution of prefer the conclusions of a less powerful and a less excit- the real estate among all the children, sons and daughters ed intellect. There is too much of poetry in the descrip-alike-however favorable to the wealth and prosperity of tion; it forcibly reminds one of the beautiful and eloquent the people in other sections of the Union, does, owing lines of Doctor Goldsmith, in which he describes, with so to the peculiar situation and habits of the South, seriously much apparent truth and real feeling, the deserted fields affect their condition. Judging from the statistical tables and desolate habitations of the industrious peasantry of which show the comparative increase of population in England, driven from their humble but happy homes, to different sections of the Union, and comparing that of seek shelter from oppression in the solitary woods of South Carolina with others, I am led to the conclusion savage America

"Where wild Altama spreads its swamps around,
"And Niagara stuns with thundering sound--"

that one-fourth part of the free born of that State, which reach the years of maturity, emigrate; and, by the existing laws, they carry with them, to their new homes, not merely their share of the personal estate of the family from which And it is said, I know not how correctly, that our poet they are descended, but also of the land and slaves, which lived and died strong in the conviction of the general cor- form the substratum of the wealth of the country. Thus, rectness of the picture which he drew of the progressive year after year, is there a regular and continual drain of decay and desolation of his country. But, sir, England the best and most efficient population of the State, and was, in fact, increasing in population, and so also is South their wealth also-even their real property pays an annual Carolina. The last census shows a small increase in rent, if I may so call it, to her emigration. But this is not all. the free population of the State, and a large increase of The great increase of the slaves over that of the free poputhe slaves. The fields also must be cultivated as hereto-lation, shows that the emigrants do not generally take with fore, for they yield an increased export product; and we them their proportion of slaves, but that they remain as here. are told that they now raise a much larger proportion tofore, in some measure regardant to the soil. They have than formerly of grain and live stock for their own con- risen now to more than one-half the population of that sumption. Though by no means disposed to admit that State, and are fast gaining upon the whites in the ratio of South Carolina is plunged as deeply into the abyss of mise-increase; they, indeed, compose almost the whole laborry and despair, as has been here depicted, yet I doubt ing population of the country; they labor without judg not that she prospers less than formerly, and less also than ment, for their intellects are not cultivated-without most other sections of the Union: but for this there are energy, for they labor without motive; hence, the acquiabundant causes, independent of the tariff. sition of wealth from labor, its great and only real basis,

The Southern planter does not, like the hardy farmer must be small in a country situated like this, compared of the North and West, lay his own hand to the plough; with what it is, where every man, with his own hand, culhe neither holds nor drives; the culture of the fields is tivates his own farm, or watches over its improvement; left to the overseer and the slaves, and their cultivation is where all are laborers, and all intelligent, industrious, and without skill and without care. Year after year, the same persevering-careful of the present, and provident of the fields are subjected to the same crop, and the same un- future.

ceasing and unchanging tillage, without any means being Sir, the curse of slavery, and not the tariff, is in truth used to renew or reinvigorate the soil. The fields are the withering curse which blights the fair hopes of this soon worn down by excessive cultivation, and cease to fair and otherwise happy and favored land. It is not so yield, as heretofore, an abundant harvest. Extensive much the drain upon her population, for in this other and emigration is also, without doubt, one of the causes which prosperous States share her lot; but it is, that, while the operates to check the prosperity of the older portions of sound and wholesome portion of the population flows off the Southern States; but this emigration is induced by the bold and enterprising freeman--the slave remains fixed causes, and instigated by feelings, very different from to the soil, yearly consuming more and more of its products, those to which the gentleman has ascribed it. It is not and yearly displacing and sending into exile (if emigration want, or misery, or oppression, that induces it; the emi- be exile) more of the free born of the land. I need not grant curses neither his country nor his lot; and his jour-follow out the picture in anticipation of its consequences; neying is undertaken and executed with feelings the re- the subject is one of deep regret and gloomy forebodings. verse of anguish and despair. Sir, it is the rich and fertile But one thing more will I take occasion here to remark. lands of the West, of which he may become the proprietor In many sections of the Union, and in foreign countries, almost for nothing-a charming country in reality, fresh, too, public opinion has greatly erred as to the general and rich, and fair, almost beyond example, but to which feeling and conduct of the individual masters towards their the imagination does not fail to add new beauties, and slaves. So far as I have observed, (and my observation color even with ideal and unreal charms--it is this which has been somewhat extensive, especially in Virginia and operates upon the hopes, and elates the spirits, of the Kentucky,) there is nothing in it to shock humanity. On young and ardent sons of the South and East, and leads the contrary, the feelings of the masters towards them them to part from their fair fields and happy homes on appear to be those of kindness and affection. And this the Atlantic shore, for fairer fields and happier homes in evil, cast upon our Southern brethren, not by their own the far distant West. Hence, sir, the giant stride with acts, or of their own choice, but by the cupidity of a fowhich our population has borne its march westward, the reign nation while we remained her colonies, is one for "lion's bound" with which we have sprung into the forest. which they are entitled to any thing rather than reproach But this spirit of emigration, year by year, drains from and censure. And it is an evil which, in the present the seaboard of South Carolina her most hardy, vigorous, state of public feeling, the Legislature of the Union canand enterprising population. Cotton, the object of their not, in the more Southern sections of our country, either culture, can be raised cheaper and more abundantly on the remove or mitigate. Philanthropy indulges visions of new and rich lands of Georgia, Alabama, Mississippi, this kind, at present, in vain. Louisiana, and the Territories of Florida and Arkansas; Another mode in which the same cause operates inand, unlike the cumbrous article of grain and its products, juriously to that section of the Union, is, that can be transported from the interior at a small per centum their capacity for commercial enterprise. A negro slave is unfit for a ship carpenter or a sailor; and, in a country

on its market value.

lessens

FEB. 20, 21, 1832.]

The Tariff.

[SENATE.

where there is no laboring class, except slaves, ships can-ing, is sufficient to spread comfort and gladness over our not be built, or manned, to the same advantage, as in the happy land.

Eastern and Middle States, where laborers are freemen, Sir, entertaining these views of the tendency and effects and possess intelligence and enterprise for every under- of the protecting system, I yield to it my hearty, and shall taking, however arduous, or however varied. The navi- give it my decided support. I do not, by any means, gating interest, therefore, independently of the tariff, hold that our present system is perfect; there are, doubtmust centre elsewhere than in the Southern States. And less, in some of its leading principles, and many of its definally, the well known and familiar habits of the Southern tails, much that may be modified, amended, and improved; people-free, liberal, uncalculating-living to the full ex- and I am willing, too, to sacrifice something upon the tent of their means, however ample, and trusting to their altar of conciliation and peace; but I will not consent to land and slaves as a perpetual supply, and, beyond that, surrender the principle of protection, or so to mould its improvident of the future. Time brings with it an in-details, as to prostrate and ruin the interests which it has crease of population, but not of wealth; and the decay reared and cherished. and exhaustion of their soil, and the fall in the price of their staple, produces a depression which is severely felt, but which is unfortunately attributed to that which, of all things, is most remote from its real cause.

[A portion of the above was delivered on the succeeding sitting day, but the speech is given here entire.] The Senate adjourned to Monday.

MONDAY, FEBRUARY 20.
THE TARIFF.

The Senate having resumed the consideration of Mr. CLAY'S resolution,

Mr. EWING concluded his remarks commenced yesterday, (as given above.)

merce.

TUESDAY, FEBRUARY 21.
THE TARIFF.

Need I add another to this long and mournful list of causes for the calamities under which our Southern brethren suffer, and of which they complain? I have explained the causes of the alleged decay of their navigating interest. Why is their commerce (as the honorable Senator says it is) transferred into the hands of the merchants of Philadelphia and New York, and carried on by their capi-. tal? I have already spoken of the habits of the Northern sire to address the Senate, and moved a postponement of Mr. MILLER, of South Carolina, then expressed a deand Middle States-the steady eye which they have to the subject till to-morrow; which was agreed to. the future-their disposition to accumulate and embody The VICE PRESIDENT communicated a letter from capital, and their skill to direct it to every prosperous the Secretary of the Treasury, in reply to Mr. HOLMES'S enterprise. They have the ships--they have the seamen-resolution calling for the reasons of the delay in the transthey have habits of life and a turn of mind fitted to mer-mission of the annual commercial statements. [The Secantile pursuits—and they have capital; with or without cretary recommends that the collectors, hereafter, be dia tariff, the commerce of the South must have fallen into rected, under proper penalty, to make their returns their hands. monthly instead of quarterly.] The report was ordered These causes combined, operate on the city of Charles-to be printed, and referred to the Committee on Comton, the decay of which has been so eloquently and feelingly depicted by the gentleman from South Carolina; and though disposed to think his coloring somewhat too dark, I cannot for a moment doubt the general correctness of the sad picture which he has drawn--that there has been a great and marked decay in the wealth, the business, and the prosperity of that city. But, sir, independently of those causes which I have named, and which operate alike upon the older portions of South Carolina, there is Mr. MILLER, of South Carolina, rose, and addressed one other, which tends to depress the business of Charles- the Senate as follows: He said, if he were to consult his ton alone. There have sprung up in the interior a range own convenience, or sense of propriety, he would rest of populous and flourishing towns, Columbia, Augusta, the defence of the case proposed now to be advocated and Camden, which, within a few past years, have been with the able and eloquent arguments which had been rapidly growing in commercial importance, and have cut made by those who had preceded him in this debate; but off almost wholly the interior trade from Charleston, mak- when it is recollected, said Mr. M., that the portion of ing that city a mere place of transit, or rather of shipment. the Union from which I come feels a deep solicitude, (inSir, these causes which I have detailed-and I ap-deed, if I mistake not, the whole country is agitated by peal to Southern gentlemen for their correctness and this question,) when it is recollected that those whom I truth-have operated with combined effect, for years, represent are an agricultural people, relying on their own upon the destinies of this people; and are they not suffi-industry and their own farms for their support, not derivcient, though checked and opposed as they may be by ing any benefit from this protective system; on the conthe riches of nature which an all-bountiful Providence trary, the exclusive subjects and victims thereof, I trust has scattered over the land--are they not sufficient to the Senate will bear with me while I present some conproduce all the depression and all the misery which is siderations, which, in my opinion, ought to influence its vainly supposed to spring from the protecting system? judgment in determining this matter. I know too well, said I cannot, therefore, on the most full and careful consi- Mr. M., what is due to myself and the representative prinderation which I have been able to give this subject, con- ciples of our Government, to question the purity of the cur with gentlemen in the opinion that the protecting motives of those who differ from me. I admit that others system operates oppressively (on the Southern or any may pursue the interest of their constituents, and their other section of the Union. In the West, so far as expe- own, legitimately on this floor. It will not, I presume, be rience can test its efficacy, it has produced, and is pro- denied to me to insist on mine. Without repudiating the ducing, all the good which its friends and supporters selfish principle which has so much influence in our conhave ever predicted. From the state of ruinous depres- duct, the views I propose to present will be rather to give sion to which agricultural interests had sunk, in 1824-an a benevolent and social direction to it; to insist that jusera which our Western farmers will long bear in remem- tice, even-handed justice, is the basis of all our civil brance-they have gradually risen, under the fostering rights; and that, however inconvenient it may be for the influence of this system, connected and consorted with moment to submit thereto, society cannot, ought not, to that of our internal improvement, until they have reached exist, where justice and equal rights are excluded from a point of prosperity, which, though not rich, or tower-the laws by which it is governed.

The Senate resumed the consideration of the resolution submitted by Mr. CLAY, together with the amendment proposed thereto by Mr. HAYNE.

SENATE.]

The Tariff.

[FEB. 21, 1832.

If it could be shown that the present tariff laws were would or could be met as middle ground. It is a notoriunjust, unequal, and unconstitutional, I should feel de-ous fact, that the greatest national interest-the very basis graded by admitting as an equal that man who, conceding of our commerce, is worn down so much by the pressure this, would still maintain the propriety of their continu- of this system, as to endanger its existence. Ever since ance. I can readily imagine that those who affirm the the principle of protection has been avowed, we entered right to impose this system, reason themselves into the our protest against it; we will never consent to recognise belief that there is no impropriety in doing so. For my it as the legitimate offspring of the constitutional powers part, I feel a settled conviction that these laws are uncon- of Congress. Our utmost economy and industry have stitutional, unjust, and unequal, and that they ought to be scarcely saved us from ruin; we can forego the luxuries modified so as to produce a revenue only demanded for the of life--we can omit to buy tropical fruits, European or constitutional uses of the Government, and that this revenue Asiatic finery; but we cannot do without salt, iron, and should be raised on such articles as will subject the whole woollen and cotton cloth; these are articles without which people of this nation to an equal portion of its payment. the planter and farmer cannot live; and these are the arThe character of this body, its origin, history, and final ticles which it is proposed to raise your entire revenue purposes, will constrain all to admit that the Federal Go- from. So far from the proposition on the other side be vernment is not one having unlimited power; we are as- ing a compromise, it is adding a new and offensive feature sembled here the representatives of States having separate to the tariff; it is relieving the whole nation from taxalaws, customs, and interests: and in this body the State of tion, and saddling it on the agricultural part alone; it is Delaware is felt as much as the State of New York. The relieving the wealthy monopolist, and compelling the argument on the other side proceeds on the assumption middling and poorer class to bear the burden. It is essenthat the Federal Government is unlimited. It is true that tially at war with the republican form of our Government. the Senator from Kentucky did admit, in his first address It will make the poor poorer, and the rich richer; and on this subject, that we had no power to lay a tax, and finally build up an aristocracy here, as hateful and odious then disburse it for the benefit of the States. I was grati- as the nobility in Great Britain. fied to hear the question asked by him, "where is the! Standing here, as I do, representing a portion of the constitutional power to distribute the surplus revenue?" people who have a right to examine the motives which If, says he, "the same persons who pay in receive back, influence your legislation, and pronounce on them, I do then this tax is useless and expensive, since much is lost not hesitate to affirm that the constitution does not authoin its collection and disbursement. If the same people do rize you to impose a tax which is partial, and intended so not get back, who pay in, then there is injustice; inasmuch to operate on different interests. Your taxes must be unas you tax those who do not enjoy the benefit, to give it form. Any plan or device, by which portions of this reto those who do." I thank the gentleman for this conclu- public shall escape taxation, and other portions be made sive argument against the constitutional right to raise, to pay it, is unconstitutional. I do not speak as a judge, through Congress, a revenue to be distributed among the but as one representing the people, the primary source of States. May not the same thing be said of the tax levied all power, when I declare the principle assumed in these for the protection of manufactures? If the same person resolutions is at war with the genius of liberty, as well as pays the tax who received the protection, then you gain the letter of the constitution. As a principal, looking at nothing by the circuit, but lose the expense of collect the veiled purposes of the agent, I have a right to proing; but if those pay the tax who do not share in the pro- nounce on the act, and condemn it. Such a law has no tection, then the injustice is as great as in the other case. more force than the cords by which the hands of Sampson But the Senator from Kentucky, in the same breath in were bound by a deceitful and treacherous mistress. Sir, which he denounced the division of the surplus revenue, I regard this as a question of property-a controversy went on to insist that internal improvement should be about meum and tuum. It has been said by all those on carried on, in the Western country, by the application of the other side of the House, that the constitutional ques the proceeds of the sales of public lands to such purposes tion has been waived. The Senator from Pennsylvania there, by entirely abandoning the constitutional objection [Mr. WILKINS] seemed to suppose we could come to to the power of distribution. Sir, is not the public land terms on this matter, since my colleague had not passed public property? Is not the fund derived therefrom pub- the constitutional difficulty. I do not know whether he lic revenue? When it comes into the treasury, is it not a continues in the same temper since he has received the portion of the common property? How comes it to pass resolutions of the Pennsylvania Legislature. The Senathat you cannot divide this among all the States, but that the tors from Kentucky, from New Hampshire, Maine, and Western States can constitutionally apply the whole of it Tennessee, whether for or against the system, have mainto their use? If three millions are derived from the sales tained the constitutional power of Congress. I owe it to of public lands, are they not so much in relief of the taxes those I represent, that no misapprehension of their opinions of the country? But will the gentleman put an ear-mark should arise on the constitutional powers of the Governon this money, and say, because it came from the West, it ment. So far from surrendering this position, they never must go back to the West, in contradiction to the very were more thoroughly satisfied than now, that the power principles which he has laid down? It was said by the to enforce this system, as a substantive power, either finan Senator from Kentucky, that the resolutions presented by cial or commercial in its nature, does not exist. This is him avoided the debatable ground; that they offered a considered a settled point with us; Virginia has so decided; basis for the adjustment of the tariff, in which we might North Carolina has on this floor, by her able Senators, all agree. I differ entirely with the gentleman, in my avowed it; South Carolina has repeatedly so decided; opinion of the state of the controversy. I understood him, Georgia has maintained the same, in the luminous and unon a former occasion, to say he regarded agriculture as the answerable report of her Legislature; Alabama and Misprimary interest. In this I agree with him; manufactures sissippi have done the same, and it is thought Tennessee is cannot, for many years to come, approximate, in point of national importance, to agriculture.

of the same opinion. We hear the whole of the cottongrowing States, expressing, by their highest public funcThe real question then is, shall the great primary inte- tionaries, that this law is unconstitutional. The gentle rest of the country be sacrificed to a secondary one? Shall men on the other side ought to be admonished that upon those who till the ground be made tributary to those who this subject the highest authority has already spoken; they handle the shuttle? I am at a loss to conceive how it ought to regard it as a settled question with those States, would, for a moment, be supposed that the proposition to not now debatable; and this fact ought to be well weighreduce the duties on what are called unprotected articles, ed in the argument of this subject. [Here Mr. M. read

FEB. 21, 1832.]

The Tariff.

[SENATE.

extracts from the proceedings of the Virginia Legislature, tax for that object. I now call the attention of the Senate to and South Carolina and Georgia Legislatures, expressing this incidental power. It is said that the first act of Contheir opinion on the constitutional question.] The Sena- gress, laying duties, maintained the protecting principle, tors from Kentucky and from Maine have both travelled as it is established by the reciting clause, or preamble. By out of the observations of my colleague, and have fastened adverting to the debate on this bill, it will be seen that it on the expression, that the unconstitutionality of the tariff was throughout considered as a financial measure; there was still insisted on to pronounce philippics against South was great opposition to this mode of taxation, and the inCarolina and nullification. Now, it will be recollected troduction into the act of this preamble was to increase its that this subject was not introduced into this debate by the patronage, by inducing those opposed to it, as a species of Senator from South Carolina; nor is it considered as ne- taxation, to look to the effect of the law, rather than the cessarily a proper topic for debate here; but the honor-cause of it. As it was, in point of fact, a revenue measure, able Senators cannot expect to assail doctrines alleged it could do no harm to introduce one of its incidents into by them to be peculiar to South Carolina, without finding the preamble; for it was unquestionably true that it affordthem sustained here as well as elsewhere. I shall there-ed protection to the precise extent that it levied a tax on fore, in reply to the Senators from Kentucky and Maine, importation. This incidental power is claimed both under maintain, first, that the tariff, for protection, is not consti- the revenue and commercial clause. I will illustrate my tutional; and, in the second place, that the States, by their position by some examples, and the argument may be conreserved rights, may declare them so. The power to en-sidered as applicable to each. It has been affirmed by the force the protecting duties is derived from two clauses in Senators from Maine and Tennessee, that you cannot examine the motive to the law. This I deny, and maintain that no law, enacted by the Federal Government, is valid, unless supported by a constitutional motive.

the constitution.

First, under the revenue clause: and, secondly, under the clause regulating commerce.

I will consider these separately; and here let me reThe regulation of the affairs of the household is vested mark that the constitutionality of any tax must be a ques-in the head of the family. A parent has the right, for a tion of degree, rather than principle: or, more properly lawful purpose, to chastise his child, to improve his temspeaking, the principle must depend upon the degree. In per and manners; the power to enforce such regulations our State Legislatures, where the taxing power is suppos- is given to advance the interest and welfare of the child; ed to be indefinite, it may, by being pushed too far, be- the legality of the act may, or rather must, depend upon come unconstitutional. A State law, imposing ninety-nine the motive. If a parent were to punish, under this indecents tax upon every dollar of the capital of an individual, finite power, a child, because he did not steal, or commit without some overwhelming necessity, would be resisted, a crime, the legality of that punishment might be ques and the United States' court would be resorted to, to check tioned in any court, and the parent_made_answerable the State Government against such an act of confiscation. therefor. The same of a master, and his slave, or apBut in the Federal Government, which is one of limited prentice; under the general right to regulate the labor of character, it must always be able to show a warrant in the such, no incidental, unlawful purpose can be consummated. charter for what it does; the extent of a tax must neces- We are too apt, in considering this question, to resolve sarily determine the right to impose it; hence the motive the incident into the principal. It cannot be denied but becomes important, and, strictly speaking, ought always many original, substantive powers may be so executed as to appear. As the opinions of Mr. Hamilton have often to effect incidental benefits. We must, however, never been adverted to on this subject, let us see what he lose sight of the fact that the mere incidental power cansays on the extent to which the impost taxes may be car- not be lawfully converted into the principal one. ried. In page 77 of the Federalist, he says "It is, therefore, evident that one National Government would be able, at much less expense, to extend the duties on imports beyond comparison, further than would be practicable to the States, separately, or to any partial confederacies; hitherto, I believe it may be safely asserted that these duties have not, on an average, exceeded in any one State three per cent. In France, they are estimated at fifteen per cent. and the proportion is still greater in Great Britain; there seems to be nothing to hinder their being increased in this country to at least treble their present amount."

Among other illustrations of this question, I will relate a story of a gentleman who once went to reclaim a female lunatic from a singular habit, which she had adopted, of sleeping among cows. In a clear moonlight night, he wrapped himself up in a sheet, and advanced towards the unfortunate lady; his purpose, the surrounding objects, the wild countenance of the maniac, were by no means calculated to give his judgment the entire ascendancy over his imagination; and, after strolling about the unfortunate girl, she at last saw him, and without alarm she said, Ah! a white devil! and, looking at his shadow, and a black devil It has not been pretended, in this debate, that to too! With this he cast a hasty glance over his shoulders, provide for the common defence and general welfare, en- saw his shadow, became panic struck, and moved off; larges the taxing power beyond the objects especially when she cried, “run, black devil; catch white devil!" entrusted to the care of Congress. But it is said it is a and the poor frightened ghost was run down by his own necessary incident to the revenue power to protect do- shadow. The advocates of the tariff seize with more than mestic manufactures; and a reference has been made to insane quickness the incidental protection afforded by the address of the Free Trade Convention, as conceding legitimate revenue, to run down the principal, thereby this right. making the shadow conquer the substance. Before I proceed to consider this as an incidental power, Again, sir, I will state a case, furnishing my opinion of let me fasten it down as a substantive one. The argument of the incidental and principal power of Government on this the Virginia resolutions, on this question, as well as the ar- subject. Suppose the commissioners of roads called on gument in the Federalist, both attributed to Mr. Madison, is to lay out a new road, and, in doing so, they come to a so conclusive, that the boldest advocates for construction swamp, which requires an embankment to be thrown up; seem to abandon the idea of resorting to those general and while they are deliberating where they shall locate the phrases, "common defence and general welfare," as con-road, a person who has a mill seat comes forward and says, ferring any substantive power. What, then, have you the it does not concern the public where this road is laid right to impose a tax for? Nothing, but to effect some ob- down; I have a valuable mill seat which will be serviceject, which the Government may desire money to consum- able to the neighborhood; I suggest the propriety of lomate, under the express provisions of the constitution. cating the road, so that the embankment may be conThere is no power to spend money in the protection of verted into my mill dam, and thereby the labor saved to manufactures; and hence you have not the right to impose a me of making this dam. It being a matter of indifference

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