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H. OF R.]

The Tariff Bill.

[JAN. 25, 1833.

eight cents the pound, and a duty of twenty per cent. on Here, then, instead of reduction-and that seems to imported woollen goods costing more than thirty-five be the order of the day-we have a new and additional ducents to the square yard. By the law of the last session, ty on three articles only, amounting to the sum of one an ad valorem duty of forty per cent. was levied on im- million eight hundred and fifty-five thousand and twentyported wool worth more than eight cents the pound, five dollars, over and above the duties imposed on the and a specific duty of four cents on each pound, and an same articles by the law of the last session. These artiad valorem duty, with some exceptions, of fifty per cent., cles require no protection. They come in competition was levied on imported woollen goods. I remember with no production of the country to any considerable exwell, that, at the last session, great apprehensions were tent; and were they wholly freed from duty, I am not entertained that the duty imposed on woollen goods would aware of any injury that would result therefrom. These prove insufficient; and now, without a reason being as- proposed increased duties, should the bill pass in its presigned for the change, and in the absence of all evidence sent form, will seriously affect the protection given to doshowing the effect that the change may have on the ma-mestic productions, inasmuch as that sum might be othernufacture of the article in this country, we are called up-wise advantageously applied to their protection. I can on to vote for the provisions of this bill. If fifty per cent. see no earthly reason for this change, and were there no at the last session was necessary to protect the great inte- other objections to the bill than the one assigned, I would rests involved in the growth and manufacture of wool, not give to it my support. There are, however, other the reduction now proposed to twenty per cent., if adopt- weighty objections to these new and increased duties, ed, may prove entirely ruinous to that great interest. We growing out of their partial operation on different porare, then, without the necessary information to guide us tions of the country. In Virginia, North and South Cato a safe result; and it will be far more advisable to post-rolina, and Georgia, the population consists of 1,721,812 pone this matter until the information is procured, than whites, 1,248,290 slaves, and 77,298 free people of color. now to take a leap in the dark, without knowing the consequences that may ensue.

The whole population of the United States amounts to 12,858,670, and of that number 2,009,050 are slaves, The bill now under consideration can claim for its pro- and 319,576 are free people of color. These slaves use tection no such deliberation. The committee was ap- neither tea nor coffee, nor silks to any considerable expointed perhaps a week after the session commenced; and tent, if any; while in the Middle, Western, and Northern on the 27th of December this bill was reported to the States, there is scarcely a family in which these articles House, and, notwithstanding it so materially changes the are not more or less in use. The practical effect, therewhole protecting system, it has not been referred to nor fore, of raising the duties on these articles, is to throw an examined by the Committee on Manufactures, which is unjust and unequal portion of the revenue on the nonalways selected with reference to that subject, and whose slaveholding States. Taxation and representation ought members are presumed to possess more information in re- to accompany each other as nearly as practicable. This lation to manufactures than the members of any other is in accordance with the genius and spirit of the consticommittee of the House. This must necessarily be so, as tution, and ought not to be departed from where it can they are in the habit of examining all matters of that kind be avoided. The constitution requires that representawhich are brought before the House. tion and direct taxes shall be apportioned among the se

I will now examine the provisions of this bill as propos-veral States which may be admitted within this Union, ed, and see if they are such as ought to meet with a favor- according to their respective numbers, which shall be deable reception from this House. termined by adding to the whole number of free persons, The reduction of the revenue is pressed upon us as a including those bound to service for a term of years, and reason for the hasty introduction of the bill, and it is also excluding Indians not taxed, three-fifths of all other perpressed upon us as a reason why it should as hastily be-sons. It is true that duties laid on imports do not come come a law. We are told that a reduction of the tariff of within the rule here laid down for the distribution of diduties is loudly called for by many of the States, and that rect taxes; but it cannot be doubted that all taxes ought it is necessary to appease the angry feelings which exist to be so imposed as to bear as equally as possible on every in certain portions of the country. We have also been part of the Union. Three-fifths of all the slaves are here told by an honorable member of the committee, from Ten- represented, which gives political weight in this House to nessee, that the time has arrived for action, and not for the portion of country in which they reside. This being speaking; that a crisis has arisen in which the Union is endangered, and he conjures us, by our love of country, and by every patriotic consideration, to vote for this bill, which is to give peace and repose to the country. These reasons, if left unexamined, might lead to the belief that the bill is, strictly speaking, a bill for reduction. Every one, upon the slightest examination of the provisions of the bill, must come to the conclusion that it is not entirely of that character, and that it is so framed as, unnecessarily, to take away the protection that might be afforded to the productions of the country; and that it must and will operate unjustly and unequally in the collection of the revenue.

the case, I am satisfied there is scarcely a subject that could be selected for taxation that would not bear more equally on all, and come nearer to the spirit and true meaning of the constitution than that imposed on tea, coffee, and silks. There are other privileges and exemptions in this bill more strongly marked than those already noticed. By this bill, blankets which do not exceed seventy-five cents cost, and cloths or woollen goods which do not cost more than thirty-five cents the square yard, are admitted at a duty of five per cent., while blankets above seventy-five cents cost, and woollen goods costing more than thirty-five cents the square yard, are admitted; By the law of the last session, tea imported in our own the first at fifteen, and the latter at twenty per cent. vessels from places beyond the Cape of Good Hope, and asserted, and I have never heard it contradicted, that the coffee, were admitted free of duty, and the duty on silks goods admitted under the five per cent. duty are intended was greatly reduced. By this bill, a duty of one cent per for the slave population of the South. Now, I ask, whỵ pound is laid on coffee, which, according to the tabular is this distinction made? Why exempt the owners of statements that accompany the report of the committee, slaves from paying a duty as high as is imposed on all will produce a revenue of $817,574 classes, including the rich and the poor, in the non-slave415,167 holding States? I am aware that the same feature was introduced into the bill of the last session, but it was then 622,284 done to put an end to the unceasing complaints made in the Southern portion of the country against the tariff. In - $1,855,025 that act the principle of protection was preserved. In

The proposed duties on teas will produce The proposed increase of the duties on silks will produce the further sum of

Making, in all, an increase of

It is

JAN. 25, 1833.]

The Tariff Bill.

[H. OF R.

this bill it is abandoned, in a great degree, if not to an ex-session of Congress, under the direction of the Secretary tent that must prove destructive to many of the best ma- of the Treasury. To sustain the assumption, he read to us a nufactories in the country. The concession was also made, few passages from some manuscript statements, and some at the last session, to the South, with the view of secur- others from a printed volume of evidence, which had ing something like permanency to the protection afforded not then been laid on the desks of members. Some of by law for the encouragement of domestic industry. This the witnesses, if such they may be called, stated that many bill has no claims of that kind, and I am unwilling, with- of the manufacturers of woollen goods were making little out a reason for so doing, to give my vote for any bill that or no profits, while others differed widely as to the exis so partial in its operations, by increasing the burdens tent of profits that they severally made in their respective on the free States for the purpose of lessening them on establishments, varying from seven to forty per cent. the owners of the description of population I have named. think there is only one individual who stated that he made There is another clause in the bill to which I cannot forty per cent. But from the testimony, taking it all toyield my assent, and that is the one which reduces the gether, it is clearly established, that the business, geneduty on salt to five cents the bushel. Ever since I have rally, has heretofore been unproductive, and ruinous to had the honor of a place in this House, not a session, I be- many. The member appeared to be conscious of this, lieve, has passed away without something being attempt- when he exclaimed that the failures were ascribable to ed in relation to the duty on this article. As early as 1790, the want of skill and capital, and not to the want of proan act was passed by Congress imposing a duty of twelve tection. Now I perfectly agree with the member, that cents on each bushel of foreign salt. By an act of 8th the want of skill and capital may have been, and very July, 1797, an additional duty of eight cents was laid on probably was, the cause of many failures. This was to the bushel, and if imported in ships or vessels not of be expected in a new pursuit, and the whole scope and the United States, the like additional duty of eight cents, design of the protective system was to encourage the ciand ten per centum thereon. By an act of the 3d of tizens of this country to embark in a business measurably March, 1807, these duties were repealed. After the last new and untried, and upon the protection of which our war, and at a period when the evils had been severely national independence and prosperity so much depended. felt of not having a sufficient domestic supply in time of 'The grand design was, to invite skill and capital to the war, an act was passed on the 27th of April, 1816, impos-country, and much has been effected; and if let alone, we ing a specific duty of twenty cents on each bushel con- shall have both skill and capital, and the business will taining fifty-six pounds. That duty remained unchanged flourish and become co-extensive with the wants of the until the act of the 30th of March, 1830, which reduced country. At the time this testimony was taken, the act the duty after the 31st day of December, 1839, to fifteen of 1828 was in force, and it was taken with reference to cents, and after 31st of December, 1831, to ten cents. If the provisions of that act, which afforded an average prothere be any article that is truly indispensable in time of tection of sixty-five per cent. In some instances it was peace and in time of war, it is salt; and if there be any as low as forty-five, and in others as high as one hundred article which, above all others, ought to be placed be- and twelve, but the average protection was sixty-five per yond the changes which are incident to our relation with cent. The difference between the act of 1828 and the other countries, is salt. Its use cannot be dispensed bill now under consideration, is forty-five per cent. Now, with by the rich nor the poor, and any tax or duty that is can it be pretended that no profits, or profits varying imposed on it, spreads itself over the whole face of the from seven to forty per cent., if such profits as the latter country, in a proportion, perhaps, more perfectly just were ever realized, will justify the subtraction of fortythan that on any other article. Why then seek to lessen five per cent. from the protection afforded at the time the duty? Hereafter no more taxes will be collected than these profits were made? It is very uncertain whether are necessary for the wants of Government, and if we the losses in this business have not been as great as the pay a duty on salt, it lessens the duty on something else, profits, and it cannot be pretended that the average proand no one can complain of injustice, for all have to pay fits have been any thing like that described by the witin proportion to their consumption. Under the protec- ness, who says that his amounted to forty per cent. The tion which has been given to the manufacturer of salt, member then is not borne out in the assumption that the there is already invested a fixed capital of nearly seven profits of the business justify the reduction. The homillions, in lands, furnaces, vats, &c., and the salt made norable member also read some other passages, in which in 1830 was very near four million and a half bushels, the persons state, or give it as their opinion, that if the which is nearly one-half of the annual consumption of that frauds upon the revenue could be suppressed, and the raw article in the United States. After the sad experience of material admitted under a corresponding duty, a clear the last war, during which the price of the article was so protection of twenty-five per cent. would be sufficient. much enhanced along the seaboard, I am not a little sur- By this bill a duty of fifteen per cent. is levied on wool, prised to see the exertions that have been made to reduce and twenty on imported woollen goods. It has been said the duty, and thereby hazard its future domestic produc- that the cost of the wool is equal to half the value of the tion. It is with this as with other articles that are ma- article manufactured from it. If this be so, the protecnufactured in the country. It can be obtained by an tion afforded to the manufacturer is but twelve and a half exchange of commodities; but if we are left to pay the per cent. If the duty on wool increases its price, the cash to foreigners for all we need, I am at a loss to con- amount of that increase is so much taken from protection. ceive where or to what market we should send our agri- Wool worth fifty cents will produce, when manufactured, cultural productions to raise the means of payment. In a dollar's worth of cloth. On that quantity of wool the aftertimes the historian will scarcely be believed, who duty is seven and a half cents. This, taken from the shall record the fact that this proud republic, with a po- twenty cents protection given to the manufactured article, pulation exceeding twelve millions of people, could not, reduces the protection to twelve and a half per cent. from its own skill and labor, supply its citizens with their Now, I am at a loss to conceive how the member could daily raiment, nor with the quantity of salt necessary to arrive at the conclusion that a clear protection of twentymingle with their provisions. At the proper time I will move to strike this clause from the bill.

One of the members of the committee has assured us that the duty of twenty per cent. on woollens is a sufficient protection, and that he was justified in making the assertion by the evidence that had been collected at the last

five per cent. can justify a reduction to twenty, with a duty of fifteen on the raw material. He is equally unfortunate in the assertion, that the provisions of this bill, and those contained in the act of 1816, are the same, and that the protection furnished, in the opinion of some of the agents or witnesses, is sufficient. After attempting

H. or R.]

Tariff Agents.

[JAN. 26, 1833.

to show that a much larger sum is requisite, it would be complaints of others, who allege that the system of proa waste of time to attempt to defeat the assertion that a lesser sum will suffice.

We are told, as I have already remarked, by the same honorable member, that the time has arrived in which it is necessary to act and not speak--and that a crisis has arisen which renders it necessary that we should speedily pass on this bill. Now I am at a loss to conceive what the member means by a crisis, unless he alludes to the discontents that prevail in a certain portion of the country. If the passage of this bill be necessary to allay those discontents, is he certain that he will thereby ensure peace to the country? Does he suppose that the Middle and Northern States will quietly submit to the destruction of their property to silence the complaints of others?

tection is oppressive. The assertion is made with apparent confidence; but how is it oppressive? What grievances are sustained in the South, that are not common to the whole country? We must have revenue, and if that revenue be collected in just proportions from every part of the land, and no more is collected than is absolutely necessary for the support of Government, who is there that has just cause of complaint? Were the principal part of the revenue collected from clothing alone, is it not an article in use wherever civilized man is to be found? And if the revenue collected from it should operate equally, wherein consists the oppression? Were the whole of the revenue collected from articles of this description, the South would still have the advantage, as in If the passage of this bill, and its consequent effect upon the North a greater quantity is necessary to protect the the manufacturing establishments of the country, should inhabitants from the severity of winter. This is an adbe such as to transfer the discontents from the South to vantage however afforded by situation and a milder clithe North, and if the really injured inhabitants of that mate, and ought to furnish no cause of.complaint to those country should take the very grounds now occupied in whose fortune it has been to fall in those sections of our the South, and should engage in the actual assemblage of an country where such advantages are denied to them. If armed force, to oppose the laws of the Union, would the we seek to place revenue on articles not of general use, member then rise in his place and tell us that another it becomes a contest for exemption from the burdens of crisis had arisen, and would he again conjure this House, Government, which ought to be common; and in so doby every consideration growing out of patriotism or love ing, instead of being just, we are seeking exemptions for of country, to restore the protecting duties for the pur- ourselves, by casting the weight on others. In its present pose of preserving the integrity of the Union? If he will form, I cannot believe that this bill will receive the apfollow out his theory, he will find that it will not answer probation of the House; for who ever heard of a nation in practice. He will discover that the National Legisla- deliberately setting about the destruction, or of even ture, instead of being influenced by the general welfare, hazarding the property of its citizens, and to such a vast will be governed by those who can make the most noise extent? If accomplished, will it give peace to the counand the loudest complaints. I believe that the honorable try? I again repeat it, that I am for a reduction to the member is influenced by the purest motives, and it is no absolute wants of the treasury; and if this bill can be so part of my intention to cast the least censure on him by modified as to effect that object, and at the same time these remarks; nor is it my intention, on this occasion, to give as much protection to domestic manufactures as the utter a single expression of unkindness or disrespect in extent of the revenue will reasonably admit, it shall rerelation to the State in which an unhappy excitement now ceive my support-but otherwise, it cannot. prevails. I would rather cherish the belief that the day is not distant when the prevailing excitement will pass away, and when the representatives of all the States will again assemble here with those feelings of kindness and affection which characterized the early legislation of the country: rather than embitter the future by unnecessary severity of expression, it would be far more acceptable to my feelings to cast the mantle of charity over our internal differences, and hide them forever from the view of the world. But I cannot persuade myself into the belief that matters of this kind ought to have any influence with us in the discharge of our duties. The constitution six,) which prevailed-Ayes 75, Noes 50. was intended for the general good; and, in legislating here, we ought to look to that. The whole scheme of our general and local Governments is based upon the hypothesis that the majority ought to govern, and we cannot stand justified in bartering away the rights of the majority to gratify the wishes of the minority, especially if the concession will be productive of no benefit even to the minority.

Mr. BURGES now obtained the floor, and moved for the rising of the committee; but withdrew his motion to give opportunity to

Mr. WILDE, who explained to Mr. CAMBRELENG, at considerable extent, disclaiming all disrespect in his remarks of last Wednesday towards the State of New York, her statesmen, or political parties.

Mr. CAMBRELENG replied, and

Mr. VINTON followed, all explaining in reference to what had passed last evening.

Mr. BURGES then renewed his motion, (at half past
So the committee rose and the House adjourned.

SATURDAY, JANUARY 26.
TARIFF AGENTS.

A resolution introduced yesterday by Mr. ARNOLD, calling on the Secretary of the Treasury for the names of the agents employed to collect testimony on the subject of the tariff, and the names, residence, and occupation of the witnesses whose testimony had been taken, and the compensation paid, coming up for consideration,

We are also told that reduction must be made, and that the tariff must come down. The manufacturers are given to understand that their destruction will be effected with great kindness-that they are not to be slain Mr. VERPLANCK observed that he would not oppose upon the spot, but that they shall have the privilege of this resolution, though he did not see its necessity. He gradually sinking down, and two or three years are allot- had made it a rule to vote for all serious calls for informated for that purpose. They are placed in the attitude of tion, and, in following this rule, he had sometimes differed the convicted felon, who, when he finds he can no longer from those with whom he usually acted in the House, and escape the offended laws, appeals to the mercy of his sometimes doubtless voted for calls for information which judge, and asks that the day of execution may be defer- the House had already. Still he thought the rule a good red as long as possible. This humble privilege is now one, and would continue to follow it. But the language held out to our own citizens, who have invested their of the present resolution seemed to intimate that there property, under the plighted faith of the laws, in manu- was a suspicion of unfairness or partiality in the selection facturing establishments which now make more than half of agents, or some abuse in the amount or mode of comthe raiment used in the country; yes, they are to go down pensation. It was, therefore, due to the Secretary of the forever, to gratify, in my humble opinion, the unfounded Treasury to anticipate or prevent such an impression in

JAN 26, 1833.]

any quarter.

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With these explanations, which seem to me to be due to the character of the head of the treasury, I am quite willing that the resolution should pass. The resolution was adopted without a division. THE TARIFF.

Now, said Mr. V., there is nothing secret Secretary of the Treasury. The names of these agents, or concealed in the matter, nor any thing of importance and their various opinions, cannot but add weight to this that can be learnt at the Treasury which might not testimony. be learnt from the documents already in possession of These agents were responsible for choice of subagents the House, and which is not in substance known to the and the compensation allowed them, subject to the supermembers of at least two of our standing committees, that vision of the treasury. There is no ground for imputing on Manufactures, and that of Ways and Means. Having, any abuse here. An appropriation of seventeen thousand on behalf of the latter committee, during the last session, dollars, to cover all these expenses, had been made. prepared and reported the bill which, amongst other ap- When it was made, though large, it did not appear excespropriations, contained provision for the payment of these sive, either to the Committee of Ways and Means, or to expenses, I had myself occasion to examine their charac-that on Manufactures, and had been explained to the full ter more specially than most other gentlemen. When satisfaction, both of this House and the other. But if there the Secretary of the Treasury reported his projet of a tariff is any complaint on that hand, I am happy to add that this bill last year, he sent, with his report, a copy of his circu-sum has been found more than was needed, some of the lar to the agents selected to collect information under the charges of subagents having been reduced or rejected. resolution of this House. In this he had stated the allowance of compensation he proposed to give to the principal agents, leaving to them the selection of assistants, and authorizing them to make other necessary expenditures. The allowance was six dollars a day, which, at first, struck me as large; but upon consideration of the shortness of the time allowed, and the necessity of sacrificing all other business to this, the committee had agreed that it was not unreasonable. The selection of the principal agents (upon whose character and intelligence and choice of subagents in the States, the value of the whole The nation, said Mr. B., has already seen the commass of information depends) had been made upon the mencement of a new system in our policy and legislation. fairest and most honorable principles, looking to the re- This measure is intended as a part, if not the final part, in presentation of both the great opinions upon the protec- that system, and, if carried into operation, will form an era tive system, and with utter disregard to party politics or in our Government no less memorable than the celebratpersonal patronage. Most of them were chosen on the ed statute of July 4, 1789. That law was the beginning recommendation of distinguished members of Congress of our protecting policy; the first, and not the least disof both political parties. Thus, in Massachusetts, that tinguished in a series of legislative measures, which have distinguished champion of free trade, Henry Lee, had placed our country in a condition so prosperous. The bill been chosen as one of the agents. He had, however, de-now under consideration is intended for the overthrow of clined. With him were then associated gentlemen of that great policy, and must, with its kindred measures, other opinions, who had served on this duty. Among bring into our nation a chain of disasters and adversity. these was Willard Philips, a leading member of the late A wise man, who has enjoyed the blessings of every tariff convention, an opponent of this administration, and season, looks back upon them and their causes, from the a gentleman not less known for his general talent and in- confines of the old, before he steps over the threshold of formation than for his precise and conscientious accuracy. the new year. Let us do so; and that we may indeed In the State of New York, Stephen Allen, of the city," be thankful for the past," take a parting look at its beand Allen Bronson, of Oswego, both Senators of the State,nefits and their sources; and then, that we may provide were first selected. Men of higher character or more for the future, let us examine what that future, under practical knowledge and talent could not be found. They the influence of this untried measure, is likely to bring had both declined, but on the pressing request of mem-upon us.

The House then went into Committee of the Whole upon the tariff bill, Mr. WAYNE in the chair. Mr. BURGES rose, and addressed the committee in opposition to the bill.

bers of this House, the latter gentleman had consented to Those men who devised and set up our present frame serve, so far as to select the assistants, direct their inqui- of Government were, many of them, called by the people ries, and sum up their results; for which he has neither to put that Government into operation. If they had forasked nor received compensation; and his letter con- gotten all debate in convention, they could, nevertheless, taining these general results has been referred to in de- plainly read in the constitution itself, that legislative bate. Its ability, clearness, and good sense, can speak power was, by the people, given to Congress for three for themselves, without the aid of his respectable name. great purposes: General Lynch, of New York, and other gentlemen connected with manufacturing interests, in political opposi tion to the Secretary, had also been selected for particular information, and had received some compensation for their time and travel.

1st. To pay the debts of the United States;
2d. To provide for the common defence;
3d. To promote the general welfare.

No specified power was granted but for these three purposes; and, to the same intent, the power to make all laws proper or necessary to the exercise of those powers,

In New Jersey, a former member of this House was selected as the general agent, on the recommendation of was also given. the chairman of the Senate Committee on Manufactures, To pay the debts of the United States, they could lay (Governor Dickerson) whose zeal for those interests and collect direct taxes, or borrow money on the credit could not well be questioned. In the Secretary's own of the nation. For the same purpose they might lay and State, (Delaware,) he chose Mr. Gray, a zealous opponent of the adminstration, of which he was part.

In Pennsylvania, Mr. McLane had selected two gentlemen, distinguished by their country as the most ardent champions of the two sides on the great question, and both of them, as it happened, adversaries of this administration, Mathew Carey and Clement Biddle.

Such are the men and the principle upon which they were chosen, and the selection is certainly honorable to the fairness and liberality, as well as the judgment of the

collect taxes indirectly, by impost, duties, and excise. They could also raise money in all these three ways, to provide for the common defence.

For the common defence, too, they could raise and support armies, provide and maintain a navy, organize and call out the militia, declare war and make reprisals. All other express powers were given to promote the general welfare. For this purpose was given your power of exclusive legislation in certain cases; your power of orga nizing the judiciary; encouraging arts and science; esta

H. OF R.]

The Tariff Bill.

[JAN. 26, 1833.

blishing the mail, and regulating its movements; forming before the constitution, and no power is expressly given rules of naturalization and bankruptcy; fixing a standard by that constitution to interrupt that interest. By what for the medium, the weight and measure of all exchange power has that trade been prohibited? that lucrative inof commodities; and, finally, your power of regulating terest abolished? That trade was adjudged, by the statescommerce, by either imposts, or duties, or excise, or li- men of our country, to be inconsistent with the general mitations, or prohibitions; and that, too, by all laws ne- welfare; and the whole concern was, therefore, abated cessary and proper for that purpose. and removed as a great public nuisance.

All these powers are so inseparable from the general welfare, that, although they might of right have been exercised by the several States, yet they never could have exercised them to any valuable purpose had the people not granted them to Congress. The power, therefore, to promote the general welfare seems to be the power to do for the benefit of the people whatever the States severally had a right to do, but could not, in a state of separation, perform.

One of the most essential powers ever exercised by any Government, is nowhere expressly given to Congress by the constitution, and cannot be found in it, unless it be implied in the power "to promote the general welfare." The constitution gives power to raise money for several specific purposes, and it gives the power also to promote the general welfare; but it nowhere expressly empowers you to raise money for the support of Government.

Will any man deny that the power is given to Congress to raise money for the support of Government, or, for that purpose, to make any law necessary and proper to open either or all the five great sources of revenue, provided to enable us to promote the general welfare? Can we do nothing else by impost to promote the general welfare, but raise money to pay ourselves and other public servants? Can we in no other way employ impost, or regulate commerce, by laws necessary and proper to promote that welfare? Can we not, by those powers granted to Congress, and prohibited to the States, promote that welfare in all those ways in which independent nations may, or the several States could of right, promote the general welfare of their own people? Whatever each one of the several States could of right have done to promote the welfare of the people of such State, by the exercise of the power now granted to us, and prohibited to it by those people, we can now of right do, and are bound to do, for the same purpose.

If each State severally could, by the regulation of finance and of commerce, so regulate its foreign intercourse as to encourage and protect its own domestic industry, then, because the people of each and all these States have divested them of the exercise of those powers, and given them and that exercise to us, we can exercise the same powers, and are bound to exercise them for the same great purpose.

No State could, of right, before the constitution, hinder any other State in the exercise of these powers, in this manner, and for this purpose; and, therefore, no State can of right, since the constitution, hinder Congress in the exercise of the same powers, in the same manner, and for the same purposes. If, at the establishment of the constitution, no State had any interest requiring such hindrance, then this exercise of this power, in this manner, and for this purpose, was at that time necessary to promote the welfare of all.

same.

If, therefore, any State now pretend to have any interest requiring any such hindrance, that State must show that they in fact have such interest; and that, under the constitution, they have a right to create and establish the For it may well be doubted whether any State can in fact have, or can have any right to have and hold, any interest under the constitution inconsistent with the general welfare. Would not such an interest be a common nuisance, and liable to public abatement? The slave trade, carried on between foreign nations by citizens of the United States, in American ships, with American capital, was a great and lucrative interest. It existed

Sir, you can raise money for the support of Government, because, and only because, that Government promotes the general welfare. How then can that Government be called upon to promote or to preserve any interest inconsistent with that welfare? or how can you provide for the support of that Government, when, to promote that interest, it sacrifices that welfare?

At the establishment of this Government, there was no interest in any State inconsistent with the general welfare; for Congress, at that time, exercised the power to regulate commerce by imposts, and did so regulate commerce: first, to raise a revenue for the support of Government; and, second, to countervail the laws of foreign countries, and encourage and protect the labor and capital of the whole American people.

The great law of July 4, 1789, in its preamble, designates the encouragement and protection of manufactures only, because they were then behind other branches of production in growth, and more especially required the cherishing influence of a Government established "to promote the general welfare;" but this law, in its various provisions, reached and encouraged the products of land, capital, and labor, in each great department of industry in every State of the Union. At that time, Congress announced to the nation, that impost placed on imported commodities, as a tax to raise money for the support of Government, was a constitutional exercise of their powers; and impost placed on like commodities, as a regulation of commerce, to encourage and protect manufactures, was equally constitutional, because equally necessary to promote the general welfare." Whenthis was done, every great branch of production, except sugar, now in the United States, had already been commenced, but not a voice in the nation called in question the principle of that law, or intimated that a solitary interest existed, or could exist, in the whole country, which might ever be injuriously affected by the use of it in its fullest extension. What new interest, since that time, has come into existence in these United States? Not tobacco, for that had long been cultivated in the country; was then in Virginia, and was not only a great product for export, but, in some sort, a currency by which to exchange other commodities. Is it rice? Certainly not; for rice was, before the revolution, the great staple of South Carolina agriculture. Cotton, too, was then in existence in that State, but in the most helpless infancy of that existence. It stretched out its feeble arms towards the nation; and, without power to speak for itself, the whole delegation of South Carolina called on Congress to encourage its incipient growth. This was done; and cotton was encouraged by a more efficient rate of impost than was given to the encouragement of any other agricultural product in the country; for, in 1791, the export of it amounted to 189,316 pounds. In 1816, when this production had increased in magnitude, when the ex-portation had reached 81,747,116 pounds, another call was made on Congress for encouragement; and then, for the first time, impost was used by this and the other House to create a prohibition; and that prohibition was created and set up to favor this then flourishing interest. Impost, rising from 75 to 100 per cent. placed on East India cotton cloth, excluded nearly 30,000,000 pounds of cotton in that form from the market of our country, and secured to a like amount that market to the domestic cotton, then grown principally in South Carolina. The cotton-growing interest was, therefore, one of the na

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