H. of R.] The Judiciary Bill. [MARCH 10, 1830. will have to perform if the bill passes; and I am sure no but a resuscitation of the midnight judiciary act would, gentleman would desire to increase the quantum now im- in our opinion, he a national calamity affecting our whole posed, if any credit be due to the following table: Union. Population. 1,148,842 No. of Suits Travel to To Supreme And allow me to say to my Western friends, whose constituents labor under the present temporary evils, not to yield to the repeated attempts which are making, to fasten the system of 1801 upon the nation, under pretence that it is made necessary to do so, in order to accommodate the Western States. Be patient; another census will enable the Valley of the Mississippi to speak in a voice, on this floor, which will be felt in the councils of the nation; and that which cannot now be procured by the voice of reason, will be obtained by the eloquence of members, which I find at last is the most powerful here as well as 130 940 1000 1940 elsewhere. Mr. Chairman, it must be manifest that the present number of judges is not equal to the discharge of the business in the several States, and to the discharge of 1,883,820 130 1000 500 1500 their duties as an appellate tribunal. Vermont, Connecticut, New York, 3d. New Jersey, 1,327,035 110 400 500 4th. Delaware, Maryland, 900 450 250 1000 843,730 100 550 1400 1950 1,568,534 1700 1200 1400 2600 It is evident that nine States of this Union have just claims upon us, which we cannot deny; we may evade them by sophistry, and unjustly postpone them. This committee have decided, by the rejection of the amendment of the gentleman from New York, [Mr. STRONG] that they will not change the present system of our courts. The Congress of the United States have heretofore refused to change it. The people will not consent to a change, by which there shall be an appellate court here, composed of judges who are not required to discharge circuit court duties. The present system, by which the justices of the Supreme Court are required to visit the several States, and to perform circuit duties by holding courts of original jurisdiction, has been tested by the experience of forty years, and that of itself is a sufficient reason why it should not now be abandoned. My rule in public and private life is, "to let well enough alone." But, sir, I believe the present system is best, to ensure public and private confidence in the judiciary. The people wish to know something of the functionaries in this department. When they know them, and witness their acts in the administration of justice in the States, recognise 900,000 1200 700 1400 2100 them as citizens of the States, though in the discharge of official duties as officers of the United States, confidence is infused in the public mind, and the opinions of a judge, 500 2500 1200 3700 known and respected by the people for his private and public virtues, will always be respected and obeyed. It will not be the case if we call these judges from the States, 120 2100 2000 4100 and from the people, and require them to supervise the opinions of those judges whom the people know whose acts they witness. That system of our judiciary is best organized, which is best calculated to ensure public confidence, so necessary 290 800 8100 2600 Here, sir, is labor enough for ten judges, and still the gentleman from Pennsylvania, [Mr. CRAWFORD] under his system, would impose the whole of it upon the present judges, most of whom are far advanced in years. If I desired to deprive the country of the services of the present judges, I would adopt the plan of the gentleman, for I am sure those who did not resign would ere long share the fate of the lamented Todd. to its safe and wholesome action. In reference to the judges themselves, it is best they should be required to perform circuit duties. It has been remarked, and it is in fact true, that "he is the best judge If you wish a man, after who decides the most causes.' he has attained the age of forty, to continue to be a good judge, you must make it necessary for him to read law; he will never read it for amusement, no man does that. If, however, you bring the judge in daily contact with the bar, I will not consume more of your time, to convince you where he must witness the war of intellect among the prothat the addition of at least two, I say three, justices is fession, waged on questions which he must publicly and necessary to the discharge of the business in the nine West- promptly decide, he will feel the necessity of preparing ern States. All admit that the system ought to be ex- himself for such decisions. His pride of character and tended to them in some form or shape. I prefer the present system, so do the people West; and if we cannot have it extended by the addition of two or three justices now, we will sooner "bear the ills we have, than fly to others we know not of." We will prefer to remain excluded the judicial pale, rather than be forced to adopt the system of 1801. We view our present wrongs as local to the States; official responsibility, quickened by the lynx-eyed watchfulness of the lawyers, and their clients, will stimulate him to study and to read the otherwise dry and musty pages of the law. In the discharge of duties like these, he ascends the Supreme Bench with his brother judges, the better prepared to discharge the still higher duties of reviewing in bank what has been done at nisi prius. He has made him [H. of R. The Judiciary Bill. self familiar with the local laws, and the decisions and practice of the States in which he has been called to act, and sylvania is obnoxious to the censure which the member I do not, therefore, think that the gentleman from Pennbrings his due proportion of stock into the common fund. from Connecticut [Mr. HUNTINGTON] bestowed upon him, When the whole number of judges convene upon the for having characterized this judicial system of 1801, by Supreme Bench, the local laws, the legal and judicial in- the strong terms which he used, and which appropriately telligence of every portion of the Union, are represented belong to it. in that tribunal, in the judges whose business it has been to make themselves acquainted with them. they return to the circuits, they have a fair opportunity to And when witness the effects of the principles which they have settled, when carried into practical operation. Separate a judge from this constant law school, confine him to the duty of revising some eighty or a hundred causes in the Supreme Court, and my word for it, ten years' service on that bench will unlawyerize him. tent to consult the advocate's brief, and cull his arguments, He will be conand decide the cause. I have an utter abhorrence for a political judge or court, and upon that account I would not consent to relieve the judges of the Supreme Court from the performance of circuit duties. That gentleman complains of the harshness of the lanthat, although the gentleman from Pennsylvania [Mr. Buguage employed in reference to the act of 1801, and says CHANAN] was not of the household, he was certainly of the filial affection, if nothing else, should have prompted him, family to which that political offspring belonged, and that while opening the vault in which were entombed the measures of the administration of the elder Adams, that if he nion, of commendation, to have given it a passing notice. found the remains of any thing there worthy, in his opi ing in family quarrels. Between these two members of the I am in public as I am in private life, averse to interfersame political family, therefore, I will not interfere, further than accord to the gentleman from Pennsylvania the humIf the judges of that court are required to perform ap- language and freedom of manner, in which I have, on more ble meed of my cordial approbation of the boldness of pellate duties only, it is, in the nature of things, that they than this occasion, heard him denounce the system of 1801 would locate themselves in and near the place where their as an illegitimate offspring of the federal household. official duties call them. In this district, under the almost certain and irresistible influence of the Executive, would the judges place themselves. partments of this Government is encroachment upon the The tendency of all the deState Governments, and an enlargement of the powers of the federal head. Appointed by the President for life, fed by Congress, located within its exclusive jurisdiction, and breathing the atmosphere of federal power which infects this ten miles square, the judges would forget that" there existed such political communities as State Governments, or, if they remembered them at all, it would be to allow them the poor privileges of petty corporations. With an Executive educated in the school of consolidation, seconded by a Congress deriving powers by implications on constructions, and a court such as I have described, what would be the fate of our happy Union? ly, weep over its fate with all that fondness of recollection I have heard others, however, of the same political famibest hope of that household, who looked to the increasing which belongs to filial affection, for with it died the last energies of this offspring as the surest means to restore their lost power, and to establish a system of government for the benefit of the few at the expense of the many; a Government for the "gentlemen," at the expense of the simple men." of this political family to reanimate this fondling of their Hence, the often and repeated efforts of the descendants ancestors. form of Government, and it ought not to be abandoned. The present system I believe to be best adapted to our This opinion is entertained, and has been expressed, by When the gentleman from New York [Mr. STRONG] was are charged before the nation, in the speeches of gentleevery one who has advocated the present bill; yet its friends laboring the other day to establish such a court, I was not men, with an intent to destroy the judiciary, and render surprised that the star chamber of England presented it- it weak, inefficient, and worthless. If nothing was known self to his mind. It is strange, however, he did not foresee of the nature and character of the measure before us, but that the striking similarity between that court and his was what might be collected from the speeches of gentlemen unfriendly to his argument. 1801, the favorite of all who have spoken in opposition to Committee would be justly obnoxious to the charge of proEstablish the system of who oppose it, in the eyes of the nation the Judiciary this bill, and the Supreme Court will, in the progress of posing an innovation upon the established system of our time, like its parallel, the star chamber of England, tend its powers to the asserting of all [decrees,] or orders tuary of the courts of the United States, and demolished ex-Government; to effect which, they had invaded the sancof State, to the vindication of illegal commissioners, and the pillars of the judicial temple. justifying the grants of monopolies, holding for [constitu tional] that which pleased, and for just that which profit- the same system which the fathers of the constitution built We propose to do no such thing; we desire to preserve ed, enjoining to the people that which was not enjoined up for their country; we desire to extend that same sys. by the laws, and prohibiting that which was not prohibit- tem of courts to the new members of the confederacy to ed, punishing disrespect to the State," [and offences which it has not been extended. against the powers that be.] No alien and sedition law would ever find its tomb in such a tribunal; no act of the Pre- in those States. It ought to be done, if we regard the poThis ought to be done in reference to the local business sident or Congress would ever be annulled by such a court. litical rights of these States. It was the just and well founded apprehension, such as sire to promote the sound, safe, and salutary action of the I have attempted to describe, of the dangerous tendency Federal Government, within its appropriate sphere, when It must be done, if we deof such a judicial tribunal, which induced the republicans applied to the States. of 1802 to abolish the system of 1801. the judges, and the increase of expense, were as drops in favorite scheme of organizing a Supreme Court upon the The numbers of When our opponents are driven by argument from their the bucket in the minds of those whose judgments declar- plan of 1801, they seek refuge from the discomfiture, to ed the act of repeal. The system required no experience a point which they imagine is impregnable, and that is, the to test its virtues. There are some measures, so utterly at war with the republican sentiment of this nation, that need not the aid of experiment to excite public condemnation, and the midnight judiciary system of 1801 was one of them. The Presidential election, of the same year, is another. I could swell the list, if it were necessary to lead the minds of gentlemen to more recent events. impolicy of increasing the number of judges on the Supreme Bench. Court in their respective States, whose duties are conAccustomed to look at the organization of the Supreme fined to questions of "meum and tuum"--a court organized to settle questions for a single State, composed of from four to six judges, gentlemen conclude a greater H. of R.] The Judiciary Bill. number is not safe for the Supreme Court of twenty-four States. [MARCH 10, 1830. At this council board, then, I would not think the increased number of minds to be enlightened, could or would retard the business of that court. If the mere labor of that court is considered, the advantage is certainly in favor of the larger number. They bring with them into this discussion the prejudices incident to long use and legal education, and persuade themselves that nine judges of the Supreme Court would become a mob; one gentleman compares such a court to The two honorable gentlemen are opposed to an ina town meeting. crease of the number of justices upon the Supreme Bench, I propose to consider briefly some of the objections because, in their opinion, such a measure will tend to unwhich have been urged on the other side, against an in-settle the decisions of that court; and the member from crease of justices on the Supreme Bench. To answer all, Connecticut, who last addressed the committee, [Mr. ELLS would prolong a speech already exceeding the limits which woRTH] told us of the deep regret which was felt and I had prescribed to it. expressed by Lord Mansfield, when, after thirteen years of The gentleman from New York [Mr. SPENCER] is of his service upon the bench, one of his associates assumed opinion that an addition to the present number of the courage enough to dissent from his lordship. Did the judges would tend to divide individual responsibility. honorable gentleman, in his own mind, draw the paral If, then, individual responsibility be a paramount coni-lel between the transcendent abilities and powers of that deration, the present number is already too large; and if distinguished jurist and another chief justice, or did he," the honorable gentleman would have individual responsi-by the allusion, desire those who heard him to do so? bility increased to its maximum, I would advise him to re- If I thought the addition of two more justices upon the duce the court to a single judge. If that were done, he Supreme Bench would have the effect to unsettle some would avoid another evil which he thinks will certainly of the decisions of that court, I should feel much more arise from an increased number of justices upon the Su-zeal for the passage of this bill, than has been manifested preme Bench, namely, a division in opinion among the by its friends. Some of the decisions of that court might justices; for if his Supreme Court shall be composed of one be unsettled to the advantage of the country, in my humjudge, he will always have the advantage of a unanimous ble judgment. I allude to that class of decisions which opinion upon all questions, added to individual responsi- have prostrated many of the most salutary laws of the bility. Another objection against the increase of the number of justices, is, that it will diminish the force of the opinions and decisions of the Supreme Court. This implies the idea that the concurrent opinion of ten men is not entitled to as much weight does not possess so much force, as the opinion of seven. State Legislatures, passed for the protection and advancement of the rights and interests of their own citizens. I could point to some of them, if I had time, and it were proper for me to do so in this debate. This objection I lay upon the shelf. Gentlemen, in their ardor of opposition to this bill, tell us that no tribunal exists in any civilized community, purely appellate in its character, with so great a number of judges as we propose to place on the Supreme Bench. When we refer the gentleman from Connecticut to the House of Lords of England, he tells us there is no analogy between the two, that the House of Lords in England possesses legislative as well as judicial powers. I will not agree, that, even in that respect, practically, the analogy fails. When the gentleman from New York [Mr. SPENCER IS is composed of the Senate of the State, consisting of thirty-two members, he conducts us to the local history of New York, and informs us, that tribunal was constituted in the period of the revolution. There was one part of his historical facts new to me, and I regret they existed. In giving the reasons why that State constituted her Senate a court of errors, I understood him to say that most of the lawyers of New York of distinction and eminence in their profession, when the revolution commenced, proved to be tories, and adhered to the enemy; consequent ly this court of errors was constituted for the want of legal characters out of which to form a court of errors. Again, it is said the business of the Supreme Court can-pointed to his own State, in which the high court of errors not or will not be done if you increase the number to nine. If seven are able to do it now, the addition of two more will not prevent them from doing it, if the two should or should not assist the present seven in the labors, or in the discharge of the duties of that court. I had inclined to the opinion that nine men, when united, could do as much labor of any kind, as seven of the same nine. There was another reason assigned by the gentleman from New York, [Mr. SPENCER] which did not strike me with the same force it seemed to have done the mind of the gentleman. It is this, (if I comprehend the idea,) that if you put nine judges upon the bench, you will have more minds to This is the only instance in the United States, sir, in which enlighten by the arguments of counsel. There are two the profession of the bar was found opposed to the princi more judges to speak to, I grant; and if a lawyer was com- ples of liberty and self-government; and I have a hope pelled to address himself to each judge in a separate argu-none of their descendants now live in that great State, to ment, he would perhaps be required to make nine long hear the tale of their ancestors' disgrace told. speeches instead of seven. At present, however, he ad- As an humble member of the profession, I had conten dresses the whole seven; and if there were two more plated with pleasure the mighty deeds of a Henry, a Hanplaced by their side, it would neither increase or di- cock, and an Adams, in giving "the first impulse to the minish his labors. I should regret exceedingly that it ball of the revolution." In the history of every age, we should add to the customary length of the arguments in find the much abused profession of the law, in every con that court. The mode of doing business in and by the flict between liberty and power, contending on the side of Supreme Court, should have satisfied the honorable gen- liberty. To the intelligence and patriotic exertions of the tleman that his objection was not sound. The judges hear the case argued in court, they retire to their room of consultation, in that they examine the record--one reads, and the others listen; they interchange ideas, discuss in the conversational style the points in issue, form their judgment, and one of them is designated to write out the opinion of the court. members of the American bar in the councils of the na tion, and the valor of her sons in the field, we are alike indebted for our national independence. The one directed with wisdom, and the other executed with firmness, the measures which produced that happy result. I have heretofore considered it necessary to increase the number of judges, in order to extend the system MARCH 11, 1830.] The Tariff. [H. of R. to the new States, as an act of justice to the States and mittee of Ways and Means had brought in a bill embracing the people of those States. the subject matter of this resolution, and as that bill was I may be singular in my opinion; but if there were no rejected by the House, this, or any other committee, he circuit court business in the several States, and it were apprehended, would not deem it expedient to act again left to me, I would not constitute the Supreme Court of on this subject, unless they were under the especial directhis nation, composed of twenty-four separate and distinct tion of the House; and Mr. A. deemed it due to the House sovereign States, with less than ten judges: I would not go to say, that, if the subject of this resolution had been prebeyond that number. sented, unconnected with other matters, and had been acted on by the House, he should so far respect such decision, as not again to agitate the subject this session. But, as many gentlemen saw, or thought they saw, objections to some of the items of that bill, and voted to reject the whole, who, Mr. A. believed, were disposed to sustain this resolution, he submitted it in this shape, deeming it as well to take the sense of the House directly on the proposition to bring in a bill, as to take the opinion of the House after a bill is introduced. The gentleman from Connecticut [Mr. ELLSWORTH] told us the jurisdiction of the Supreme Court of the United States was unequalled by that of any other judicial tribunal upon earth. I agree with him, and say, that, by the express grant in the constitution, there exists no judicial tribunal of which we have any account, clothed with such transcendent powers. When I open the book of the constitution, and read that the judicial power of the United States extends to 1st. All cases in law or equity, arising under the constitution of the United States; 2d. The laws of the United States; 3d. Treaties made or which shall be made by the United States; 4th. To cases in which ambassadors, public ministers, and consuls may be interested; 5th. To admiralty and maritime causes; 6th. To cases in which the United States shall be party; 7th. To matters of controversy between two or more States; The tariff of 1828 [said Mr. A.] proposed to encourage American manufactures, and to protect domestic industry. This resolution relates immediately to the manufacturer, and proposes to restore him in part to the situation in which that tariff found him, and, if adopted, will not only aid the manufacturer, but various other important branches of American industry. The resolution does not place this class of manufacturers in a situation as good as they were before the passage of the law, for it still leaves them oppressed with the whole of the enormous increased duty on the raw material used by them, which must still be paid 8th. To controversies between citizens of different States; if the article is consumed in this country; but as it will open 9th. Between citizens of the same State claiming land the foreign market for their manufactured goods, it will be a under different States--the question presents itself to my great relief both to this class of citizens and to the commermind, is it safe to confide the exercise of such high powers to cial interest of our country. Before the passage of the tariff seven men? For one, I answer no. If you wish to preserve of 1828, the duty on molasses was five cents per gallon; then the peace and harmony of this Union, and save it from civil a drawback was allowed of four cents on each gallon disdiscord, beware how you confide the exercise of such high tilled into rum, and sent out of the country. The duty is powers to so small a body of irresponsible public agents. now ten cents per gallon; and this resolution proposes to The Supreme Court is now claimed by some gentlemen allow a drawback of nine cents per gallon on all rum made to have been constituted for higher purposes than the from this molasses when it is exported, still having the trial of your cause or mine. As a court for the latter pur-double duty to be paid on all that shall be used in this pose, it is sufficiently large; but, as a tribunal before which, country. I cannot conceive what rational objection can in succession, each proud member of this Union, nay, sir, be urged to the re-establishment of this drawback. the Union itself, has or may be arraigned, the function- grant a debenture equal to the duty on the same article aries who compose it on such occasions should be more distilled by foreigners and in a foreign land, while, by our numerous. If it is desirable (as I admit it to be) that re- law, as it now stands, we refuse it to our own citizens, and spect, confidence, and obedience to the mandates of that court should be promoted in cases within its unquestioned jurisdiction, those States who have now no voice in the court should be heard. We yet we please ourselves with the idea that we are protecting American industry. When this drawback was repealed, it was done with the expectation of helping the whiskey distiller. It was thought that it would increase the The independence of the States, the permanency of the demand and price of whiskey, and thereby aid the grain Union (which depend upon the existence of the States, as grower. We have now tried the experiment nearly two sovereign communities) are in no danger from the open years, and I believe all are convinced that its expected assault of any usurper. The danger to their existence is benefits have not been realized. Does whiskey find a more from the regular, systematic encroachment by the Federal ready sale or better price than it found before the tariff Government upon State authority, sanctioned by the man-of 1828? Or has the demand and price of grain improved dates of the Supreme Court. THURSDAY, MARCH 11, 1830. THE TARIFF. since that period, in consequence of this restriction on the distillation of molasses? I believe, sir, if we take every price current which has been published since June, 1828, we shall find that neither whiskey nor grain has improved one cent, but, on the contrary, both have fallen greatly in The House then resumed the consideration of the fol- price. If then, the repeal of this drawback has not anlowing resolution, submitted yesterday by Mr. ANDER-swered the expectations of those who voted for it; if it SON: has not benefited the interest it was thought it would subserve; if it does good to no one, and a positive injury to some, why should we not restore the protection, and again extend to this class of our manufacturers the encouragement we profess to extend to all others. If we wish to introduce the more general use of whiskey, and Mr. ANDERSON addressed the House in continuation thereby aid so much of the grain market as is used of his remarks of yesterday. in this article, it is certainly expedient to open a pasMr. ANDERSON said, he was aware that it was the sage through which this ruin may go out of the coungeneral practice of this House to instruct its committee to try, and give place to the consumption of whiskey. inquire into the expediency of adopting a measure, rather The effect, and only effect, this repeal of the drawthan to instruct them to bring in a bill; but as the Com-back has, is to encourage and aid the foreign distiller, at "Resolved, That the Committee of Ways and Means be instructed to bring in a bill allowing a drawback of nine cents per gallon on all rum distilled in this country from foreign molasses, when such rum is exported to a foreign country." H. of R.] The Tariff. [MARCH 11, 1830. the expense and to the destruction of the American dis- no class of men in this country more deserving of our tiller, to confine this rum to our own market, force it to protection than these, if severe, hardy, and unremitting compete with our domestic spirit made of grain, and, so labor can entitle them to our protection. Sir, the life of far as this competition can go, to destroy the market for the northern sailor and fisherman is too well known to whiskey at home. If we honestly intend to encourage require any comments from me. Hardier beings never domestic industry, and enable our manufacturers to com- floated on the ocean. But the life and hardships of the pete with foreign manufacturers, we ought to allow our lumberman, I believe, are known to very few on this floor. citizens to obtain the raw material on as good terms as the We should think an army making a winter campaign in foreigner. Let our duties on imports be what they may, the storms of our northern frontier entitled to our sympa it is for the interest of the manufacturer and for the coun- thy and applause for the sufferings and hardships that try to encourage the export of all such imports as by our must unavoidably be endured through the severity of winlabor and skill shall be made of double value to the foreign ter. Trying and severe as may be such a service, it is no purchaser; and the export will not be so well encouraged harder than the lumberman endures as regularly as the in any way, as by allowing a return of the duties paid on winter comes. In November, or the first of December, the raw material when it is exported in the manufactured these men go into the forest with their teams and provi article. While we have commerce, cargoes must, in some sions, construct a rude camp, barely sufficient to break off way or other, be made up; and as long as it is necessary for the wind, while they sleep on a bundle of straw, or as a profitable voyage to make a part or the whole of a car- often on the boughs of the pine, and work from daylight go of rum, so long will rum be obtained, and continue to until dark, in the snows of the forest, until the rivers open be an article of merchandise. in the spring. When the snow melts, and the ice of the streams breaks up, they commit their lumber to the river, and close their winter's work with a labor that no men but those accustomed to repose comfortably on a snow-bank could endure for a single week. Day after day, and week after week, these men are immersed in the river, when the water is as cold as ice and snow can make it: their gar It is in vain for us to attempt to regulate the wants or tastes of foreigners. We cannot do it even with our own citizens, much less of foreigners with whom we trade, and who are independent of us. They will purchase of us, if we carry to them an article they want; and it is not the work of a moment to convince them that an article they do not want is better than one they do want. We ments are a perfect sheet of ice, and the comfort of a dry are not alone in the foreign markets; we have the com- jacket is unknown to them; and yet you find them hardy merce of the world for competitors. If we cannot fur- and healthy men. Hundreds may be found now engaged nish them with rum, they will purchase of those who can in the forests, with constitutions firm and unimpaired, who furnish; and while foreigners prefer rum, so long will our have, for more than forty winters in succession, been enmerchants be compelled, if they trade at all, to continue gaged in this service. I believe, too, sir, that you will to supply their customers; and if our merchants cannot not find, in any other description of mills, such constant, obtain it of our own distillers at a rate as cheap as that distilled unceasing labor as in our lumber mills. The saw is runin the West Indies, they must take that of the foreigner, ning continually day and night-the millmen relieving thus throwing the whole of this branch of industry into each other at six in the morning and six in the evening, as the hands of foreigners. In fact, as the law now stands, regular as a watch at sea, and the labor is as uninterrupted we give a bounty of ten cents per gallon on all the rum and unceasing as is the motion of the current that turns of the foreigner exported by our merchant, to break up the wheel. This, sir, is the labor and these the men that and destroy our own manufacture, and we must continue any relief given to the West India trade will aid; and I to patronize and encourage the foreigner just as long as we deny this drawback to our own citizens. ask you if these men, who breathe the pure January northwester, are not as valuable to you in peace or war, and as much entitled to your consideration, as those who are inhaling the confined atmosphere of a crowded manufac turing establishment? This evil will not be remedied by a repeal of the existing debenture on foreign rum; for, as I before stated, while this article continues to be one of merchandise, it will form part of our cargoes; and if we prohibit its ex- This trade is made up of, and sustained by, industry portation, it will be taken in at foreign ports, or the whole alone. The original value of the timber in the forest is a trade, the carrying as well as the distilling, thrown into mere mite, compared with the value this labor gives to it, the hands of foreigners, so that the repeal of the existing after it has passed through all the operations of manufac debenture on foreign rum will only make a bad matter turing, exporting, exchange, and the return of the article worse--will only strike an additional blow at our com- for which it is exchanged. It bears nearly as small a rela merce. It is not merely for the distiller that we should tive value to the return which labor enables it to produce, pass this resolution, but for other extensive branches of as does the spade or the hoe to the crop its diligent ap industry that will receive great relief and support from it. plication eventually brings forth; and you would not more Every branch of industry connected with the West India directly tax the labor of the country, where you tax an trade will be relieved, revived, and protected by it. And agricultural product, because a foreign spade or foreign let me here remind the House, that we never had cause of hoe was used in raising it, than you do by taxing this trade. complaint, and never, so far as my knowledge extends, No article of export employs so much tonnage in pro have complained of this trade. It is a trade of fair, free, portion to its value as a West India cargo, and the cargo unrestricted exchange. It is a market for any thing we obtained in exchange. A vessel that will carry out a carchoose to send out; and many articles that now form a valu- go of cotton or manufactured goods, worth from fifty to able part of the exports of our country would be nearly, if one hundred thousand dollars, would be fully freighted by not quite, worthless without this trade. We can in this one-thirtieth to one-fiftieth of that sum in lumber, and so market exchange what is of little or no value to us here, with a return cargo of molasses; and yet she will employ for articles of great value to us--articles that not only ad-as many seamen, and give double the employ to landsmen, minister to our wants and comfort, but out of which, if who live by loading, discharging, and tending on vessels, we do not tie up our own hands by restrictions and pro- for she will make two voyages to the other's one, and add as hibitions, we can make an important and valuable article of much to the naval strength of the country export. Sir, this trade is worthy of all encouragement. freighted ship; and all her repairs are made in this country, It gives life and employment to a vast amount of the labor the West Indies being more expensive ports to repair in. and industry of this country. On this trade the lumberman, millman, ship carpenter, fisherman, and sailor are almost entirely dependant for employment; and there is as the rich Not so with the European trader; she obtains her repairs and equipment abroad: for, by reason of the enormous duties we have imposed on every article necessary to the |