by weakening its opponents, in raising adroit di- which are intended to prevent the reduction of visions amongst them. The doctrines of Hamil these taxes that press so heavily on the southton were, during Mr. Monroe's administration, ern people. There has been during this whole received in their full force, and full scope was session a constant series of attacks on the instigiven for the conquest of all powers wanted, tutions and interests of the southern States, with by the adoption of the principle, which was an-a view to the approaching struggle. No one nounced,as it were,ex cathedra, that this Fedetal can suppose that these measures have proceedGovernment might lawfully do whatever could ed from gratuitous hostility; no, they have be effected by the appropriation of money. been intended to aid a course of policy which The tariffs of 1824 and 1828, followed: those our northern brethern know is favorable to ⚫ Berlin and Milan decrees by which we have, af- themselves, and which they have persuaded ter expending one hundred and twenty millions themselves is not injurious to us. I do not for free trade, crippled our own freedom. I therefore complain of the tactics which are emwill not stop to argue the unjust and injurious ployed here; but I beg to call the attention of operation of these laws. It is sufficient to say gentlemen to the effect which these tactics that their effect has been at last understood by have produced. Gentlemen on the other side the people of the plantation States. Their of the House, are in danger of committing a per operation exhausting and devastating as it has ilous blunder, as to the condition of the people been to the south, has been acquiesced in, be- and the state of public opinion in the southern cause the people were willing to bear burdens States. They shut their eyes, (I do not say however unequal, until our national debts were wilfully,) to the precipice on which they are cleared off. The State of Virginia feeling just rushing; and when they are warned, as they as deep a repugnance to their laws as her sister have already been more than once, by repreStates more to the south, yet contented herself sentatives of the southern people on this floor, in her resolutions of 1828, to give a stern rebuke of the ruin to which they are precipitating to those measures; and to indicate that when themselves and us, their only reply has been, the further oppression of this system would, af- that those who have spoken out nothing but ter the payment of our national debts, wear not the truth, are agitators and alarmists. I beg even the plausible face of necessity, that she gentlemen to believe that I am no agitator-my would interpose all her weight to check the pulse doth keep time as temperately,and makes further progress of the evil. The friends of as healthful music, as that of any gentleman the American system have felt that the pay-present. I have not been long enough here to ment of the national debt would bring with it a be heated by the political atmosphere of this crisis which would either determine the destruc-House. I claim, however, to know something tion or the durability of their plans. In order of the condition and opinions of the southern to guard themselves against this crisis, which people. Let me tell gentlemen that it is a perilhad at last arrived, they have conciliated every ous mistake, to suppose that the people of the interest they could bear upon, and they have southern States have any but one opinion and resorted to every mean of dividing and weaken-feeling in regard to the tariff system. ing their opponents. No man who can look As they have been enabled to fathom the beneath the surface of things, can doubt but mystery of this system from year to year, and that all the great questions which have of late to ascertain its paralyzing effect on all the agitated the country, have been raised to pro- plantation interests, their judgment has been duce effect on the pending contest. The more decisively made up against it. friends of internal improvement are pressing very measures which I have already alluded to, their plans with renewed zeal; and they have, which have been resorted to by the supporters during this session, for the first time, succeded of the system, to conciliate friends and to divide in the formation of a Committee on Internal enemies: all those concerted attacks which Improvement, which is even now engaged in have been made against southern opinions and recommending the expenditure of large sums of southern interests, have only added to the exmoney. The slave question is brought before citement of the public mind. I cannot give a this House in the shape of a scheme for colo- better illustration of the mistakes which have nizing the free blacks. I am sorry, Sir, that been committed in this matter than by calling the petition of certain citizens of England, mem- to the notice of the committee the state of bers of the colonization society, which was pre-public opinion in the district I have the honor sented to this House by an honorable member to represent. That district has been supposed who is a distinguished advocate of that society, to be equally, with the whole western part of was not allowed a place on your files. That Virginia, in favor of the American system. The would have given us recorded proof of the true offered bribe of the great Buffalo road did not end to which that society is tending. at all affect the opinions of the people of that Those The Indian question, too, has been made by district, on the system of internal improvement; political missionaries against the State of Geor- and during the present session of this Congress, gia, to aid in the attack on the sovereignty of the people of two of the counties of that district the States which form so essential a part in the have convened in public meetings and expresstactics of the present contest. ed the most decided opposition to the tariff. I This bill, this universal pension bill, is brought beg leave to direct the attention of the House forward just at this time, to aid in those large to the proceedings a tthose meetings, as coming schemes of prodigal expenditure of money, from a quarter of the country where the people ere supposed to be in favor of the American) I will notice, Sir, one other measure which system. The people of the county of Russell comes recommended by a most respectable express their unanimous abhorrence of the tariff committee of this House: I allude to the bill laws; and the people of the county of Washing-now lying on the tables of members, reported ton, in expressing their unqualified condemna- from the Committee on Manufactures, and purtion of them, add the hope "that the still small porting to prevent frauds in the revenue. That voice of that community coming in aid of the bill provides, that if it appears from the mere still small voices of so many other communities, valuation of Government appraisers, that an immay be all heard together, with such time and porting merchant has brought goods into the measure, as to produce the effect of one voice United States, worth 10, or 15, or 20 per cent. of great power." Unless the friends of con- (more than they are charged to him in his inciliation and union give some adequate, effec-voice, he shall forfeit at once 50 or 75, or 100 tual relief to the southern country-and imme- per cent. additional duty. The poor merchant diate relief, too that hope will soon be realized. is to receive no notice of an accusation against Yes, Sir, unless this Congress, before it breaks him; no day for trial is given hin; no witnesses up, devises measures of honest conciliation and are heard for or against him; no jury is to pass relief, a "voice of great power" will speak. My upon his case; no fraud is to be found against life upon it, Sir, from that broad land extending him: but upon the mere guess of a government from the Potomac to the Gulf of Mexico, the officer that his goods are of more value than his united voices of the people will raise one shout, invoice exhibits, he is to be deprived of more "Millions for freedom and free trade; not one than one half of his property. This bill not oncent for tribute." I give this warning, not in ly violates the principles of liberal trade, but menance, but in the temper of kindness; view the principles of the Constitution. Give it the ing the danger of which, I speak as palpable true name, you will call it "a bill to abolish and real. Let me beg gentlemen that they will the trial by jury, to cashier importing merchants, believe me only so far, as to examine for them- and break up foreign trade.” selves into this matter. If they will seek for 1 feel the most unqualified respect for every information from proper sources, they cannot member of the Committee on Manufactures. I fail to obtain it; and let me hope that such in- doubt not for a moment, but that they perform formation would induce them to retrace that their high duties with perfect purity of intenpath which is leading only to evil. Sir, there tion. I must, however, be permitted to say, is immediate, impending necessity, for a change that, after the high hopes which had been held of measures on this subject; an instant-a radi- out to us from the action of that committee, the cal change. I am not authorized to speak of presentation of such a bill from that quarter, bills now pending before the co-ordinate branch produced in my mind anxiety and disappoint of the legislature; but I do feel authorised to ment. The passage of the bill reported from speak of a compromise, as it is called, which the Committee on Manufactures, (if it shall inhas been offered to the south. I allude to cer- deed pass,) will form the consummation of Hatain resolutions for the reduction of the tariff, milton's system: it will illustrate too the ineviand a bill which I have seen printed in the news- table tendency of that system, which, beginning papers, which is to be offered under the prin- it approach to power with timid caution, has ciple of those resolutions. And, what is the arrogated, by little and little, control over all the liberal relief which those resolutions and that interests and industry of the country, and at last bill offer to the southern farmers? Why, Sir, achieved its perfect triumph over the Constituall the articles of prime necessity, sugar, salt, tion. But I hope better things for the country: iron, woollens, and cottons, are to remain bur- the clumsy fabric of monopoly and protection dened with heavy duties; whilst the northern will fall; it is even now tottering: the puny manufacturer, who has enriched himself so as to props that are placed around it will not supbe enabled to enjoy all the indulgences of port it one moment longer than you could luxury, is to be permitted to import his rich silks and costly wines, and all other things which ministers to his pride, almost duty free. Before I resume my seat, Sir, let me show, And what is the real measure of relief offered what I had nearly omitted, that the operation of to the south? Gentlemen offer us the trash of the pension laws is quite as unequal as that of trade. Look, Sir, at the nauseating list of arti- any of the tariff laws. I am well aware that cles that fill up the proposed bill: what are comparisons between different sections of the they? Barks, roots, nuts, and berries! Peruvian country are considered ungracious, and I beg bark, opium, corks, quicksilver, aloes, Bur- it may not be supposed that I enter into the degundy pitch, calomel, chamomile flowers, can- tails which I am just going to present to the tharides, coculus Indicus, corrosive sublimate, committee with any unkind feelings; I present rhubarb, laudanum, ipecacuana, henbane, and them as offering an additional argument against hemlock! Trash, physic, and poison! These the bill, by showing that it will be quite as unthings, and other things like them, make up equal in its operation on different parts of the the body of this bill and compose the generous Union as it is unjust in its operation upon indirelief which gentlemen are willing to afford to viduals. "Prop a falling tower southern distress. Gentlemen must, however, I beg to present to the House a table which I succeed in imposing straight jackets on the have compiled from authentic documents, from freemen of the plantation States before they can which the unequal operation of the bill becomes thrust this physic and poison down their throats. too apparent to be denied. (A.) I assumed in than this pension bill will put into it; but, both this table, the amount of money contributed by to the north and the south, the poor are taxed each State to the expenses of the revolutionary in the necessaries of life, for the benefit of the war, as the best criterion of the number of rich pensioner and rich manufacturer. troops (including militia) furnished by the States This bill, then, ought to be pressed no furrespectively. This is, indeed, the only crite-ther; it is indissolubly connected with a system rion by which we can form any estimate ap- of policy inconsistent with the spirit of our goproximating the truth, since there are no pub-vernment and the genius of our people. Cerlic records now extant, giving any direct information on the subject. From this table it appears that Massachusetts contributed to tainly, as the scheme of a fetterd trade and forced monopoly will fail, it will be wise for gentlemen, from all sides of the House, to concert temperate measures of change, accommodated the war of the revolution - $17,964,603 03 to the now condition of the country. The ta Massachusetts and Maine have, under the present pension laws, on the pension list this number of pensioners Virginia contributed to the 2,488 19,085,981 51 riff will come down: I have weighed my words, and without arrogating any political foresight, I say it will come down. I deprecate, as much as any man, violent changes of any sort; and I would not, therefore, if the friends of protection were to give me charte blanche, run the hazard of doing ruinous injury to the manufucturing interests, by an instant abolition of protecting duties. The change ought to be cautious, but made effectually, and in good faith. 7,179,982 78 Let me hope that, before we seperate, we are to owe the adjustment of this momentous question to a kind spirit of just conciliation, and not to measures of violence, which, either in the House, or out of the House, will certainly bring in peril the rights of the States and the inte grity of the Union. 1,178 2,802 11,523,299 29 117 51,598,812 97 1,305 Not being one half the number existing in New York alone, which did not contribute one seventh part of the same treasure in support of the war. Again, Sir; Massachusetts receives from this In conclusion, I hope that this bill will be rejected, and that other bills will be passed in lieu of it, not for casting new burdens upon the people, but for taking the old ones off. 14,000 00 $141,792 00 And pays out of her own state treasury 1,516 24 839,319 98 DEBATE ON THE TARIFF. DEBATE ON MR.CLAY'S RESOLUTION. SPEECH OF MR. MILLER, Delivered in the Senate of the United States, on the 21st and 23d of February, 1832. this body, the State of Delaware is felt as much as the State of New York. The argument on the other side, proceeds on the assumption that the Federal Government is unlimited. It is true that the Senater from Kentucky did admit, in his first address on this subject, that we had no power to lay a tax, and then disburse it for the benefit of the States. I was gratified Mr. PRESIDENT: If I were to consult my to hear the question asked by him, "where is own convenience, or sense of propriety, the constitutional power to distribute the surwould rest the defence of the cause proposed plus revenue?" If, says he, "the same pernow to be advocated, with the able and elo-sons who pay in, receive back, then this tax is quent arguments which have been made by useless and expensive, since much is lost in its those who have preceded me in this debate; collection and disbursement. If the same peobut when it is recollected, that the portion of ple do not get back who pay in, then there is the Union from which I come, feels a deep so- injustice; inasmuch as you tax those who do licitude- (indeed, if I mistake not, the whole not enjoy the benefit, to give it to those who country is agitated by this question)-when it do." I thank the gentleman for this concluis recollected that those whom I represent are sive argument against the constitutional right an agricultural people, relying on their own in- to raise, through Congress, a revenue to be dustry and their own farms for support, not distributed among the States. May not the deriving any benefit from this protecting sys- same thing be said of the tax levied for the protem; on the contrary, the exclusive subjects tection of manufactures? If the same person and victims thereof, I trust the Senate will pays the tax who receives the protection, then bear with me while I present some considera- you gain nothing by the circuit, but lose the tions, which, in my opinion, ought to influence expense of collecting; but if those pay the tax its judgment in determining this matter. I who do not share in the protection, then the know too well what is due to myself and the injustice is as great as in the other case. But, representative principles of our government, the Senator from Kentucky, in the same breath to question the purity of the motives of those in which he denounced the division of the sur who differ from me. I admit that others may plus revenue, went on to insist that internal pursue the interests of their constituents, and improvement should be carried on in the westtheir own, legitimately, on this floor. It will ern country, by the application of th proceedes not, I presume, be denied to me to insist on of the sales of public lands to such purposes, mine. Without repudiating the selfish princi. thereby entirely abandoning the constitutional ple which has so much influence in our con- objection to the power of distribution. Sir, is duct, the views I propose to present will be not the public land public property? Is not the rather to give a benevolent and social direction to it; to insist that justice, even-handed jus tice, is the basis of all our civil rights, and that, however inconvenient it may be for the moment to submit thereto, society cannot, ought not to exist, where justice and equal rights are excluded from the laws by which it millions are derived from the sales of public is governed. fund derived there from public revenue? When it comes into the Treasury, is it not a portion of the common property? How comes it to pass you cannot divide this among all the States, but that the western States can constitutionally apply the whole of it to their use? If three lands, are they not so much in relief of the taxes of the country? But, will the gentleman put an ear-mark on this money, and say, because it came from the west it must go back to the west, in contradiction to the very principles which he has laid down? If it could be shown that the present tariff laws were unjust, unequal, unconstitutional, I should feel degraded by admitting as an equal, that man who, conceding this, would still main tain the propriety of their continuance. I can readily imagine, that those who affirm the It was said by the Senator from Kentucky right to impose this system, reason themselves that the resolutions presented by him avoided into the belief that there is no impropriety in the debateable ground; that they offered a ba doing so. For my part, 1 feel a settled con- sis for the adjustment of the tariff, in which viction that these laws are unconstitutional, we might all agree. I differ entirely with the unjust, and unequal, and that they ought to be gentleman in my opinion of the state of the mod.fied, so as to produce a revenue only de- controversy. I understood him, on a former manded for the constitutional uses of the go-uccasion to say, he regarded agriculture the vernment; and that this revenue should be primary interest. In this I agree with him; raised on such articles as will subject the whole manufactures cannot, for many years to come, people of this nation to an equal portion of its approximate in point of national importance, to payment. agriculture. The character of this body, its origin, histo- The real question then is, shall the great ry, and final purposes, will constrain all to ad- primary interest of the country be sacrificed to mit, that the Federal Government is not one a secondary one? shall those who till the ground having unlimited power; we are assembled be made tributary to those who handle the here, the representatives of States, having se- shuttle? I am at a loss to conceive, how it parate laws, customs, and interests; and, in would, for a moment, be supposed that the proposition to reduce the duties on what are to those I represent, that no misapprehension called unprotected articles, would, or could be of their opinions should arise on the constitumet, as middle ground. It is a notorious fact, tional powers of the Government. So far from that the greatest national interest-the very surrendering this position, they never were basis of our commerce, is worn down so much more thoroughly satisfied than now, that the by the pressure of this system, as to endanger power to enforce this system, as a substantive its existence. Ever since the principle of pro-power, either financial or commercial in its tection has been avowed, we entered our nature, does not exist. This is considered a protest against it; we will never consent to settled point with us; Virginia has so decided; recognize it as the legitimate offspring of the North Carolina has, on this floor, by her able constitutional powers of Congress. Our utmost Senators, avowed it; South Carolina has reeconomy and industry, have scarcely saved us peatedly so decided; Georgia has maintained from ruin; we can forego the luxuries of life-the same, in the luminous and unanswerable we can omit to buy the tropical fruits-Euro- report of her legislature; Alabama and Missispean or Asiatic finery; but we cannot do with- sippi have done the same; and it is thought out sugar, salt, iron, and woollen and cotton Tennessee is of the same opinion. We have cloth; these are articles without which the the whole of the cotton growing States, explanter and farmer cannot live; and these are pressing by their bighest public functionaries, the articles, which it is proposed to raise your that this law is unconstitutional. The gentleentire revenue from. So far from the propo man on the other side ought to be admonished, sition on the other side being a compromise, it that upon this subject the highest authority has is adding a new and offensive feature to the already spoken; they ought to regard it as a tariff-it is relieving the whole nation from settled question with those States, not now taxation, and saddling it on the agricultural debateable; and this fact ought to be well. part alone-it is relieving the wealthy mono- weighed in the argument of this subject.polist, and compelling the middling and poorer (Here Mr. M. read extracts from the proceedclass to bear the burthen. It is essentially at ings of the Virginia legislature, and South war with the republican form of our govern Carolina and Georgia legislatures, expressing ment; it will make the poor poorer, and the their opinion on the constitutional question.) — rich richer; and finally, build up an aristocracy the Senators from Kentucky and from Maine, here, as hateful and odious as the nobility in have both travelled out of the observations of Great Britain. my colleague, and have fastened on the exStanding here, as I do, representing a por-pression, that the unconstitutionality of the tion of the people who have a right to examine tariff, was still insisted on to pronounce phithe motives which influence your legislation, lippics against South Carolina and nullification.. and pronounce on them, I do not hesitate to affirm, that the Constitution does not authorise you to impose a tax, which is partial, and intended so to operate on different interests.Your taxes must be uniform. Any plan or device, by which portions of this republic shall escape taxation, and other portions be made to pay it, is unconstitutional. I do not speak as a judge, but as one representing the people, the primary source of all power, I declare when the principle, assumed in these resolutions, is at war with the Genius of Liberty, as well as the letter of the Constitution. As a principal, looking at the veiled purposes of the agent, 1 have a right to pronounce on the act, and cou demn it. Such a law has no more force than First, under the revenue clause; and second. the cords by which the hands of Sampson were ly, under the clause regulating commerce. bound by a deceitful and treacherous mistress. I will consider these separately; and here let Sir, I regard this as a quest on of property-a me remark, that the constitutionality of any controversy about meum and tuum. It has tax, must be a question of degree, rather than been said by all those on the other side of the principle; or, more properly speaking, the prin House, that the constitutional question has ciple must depend upon the degree. In our been waived. The Senator from Pennsylvania, State legislatures, where the taxing power is (Mr. WILKINS,) seemed to suppose we could supposed to be indefinite, it may, by being come to terms on this matter, since my col pushed too far, become unconstitutional. Ă league had not "pressed the constitutional diffi State law, imposing ninety-nine cents tax upon culty. I do not know whether he continues in every dollar of the capital of an individual, the same temper since he has received the without some overwhelming necessity, would resolutions of the Pennsylvania legislature. be resisted, and the United States Court would The Senators from Kentucky, from New be resorted to, to check the State government Hampshire, Maine, and Tennessee, whether against such an act of confiscation. But the for, or against the system, have maintained the Federal Government, which is one of limited constitutional power of Congress. I owe it character, must always be able to show a war Now, it will be recollected, that this subject was not introduced into this debate by the Senator from South Carolina; nor is it considered as necessarily a proper topic for debate here, but the honorable Senators cannot expect to assail doctrines alleged by them to be pecu. liar to South Carolina, without finding them sustained here as well as elsewhere. I shall, therefore, in reply to the Senators from Kentucky and Maine, maintain; first, that the tariff, for protection, is not constitutional; and, in the second place, that the States, by their reserved rights, may declare them so. The power to enforce the protecting duties, is derived from two clauses in the Constitution: |