CHAPTER LXXXII.

REDUCTION OF DUTIES.--MR. CLAY'S BILL.

On the 12th of February Mr. Clay asked leave to introduce a bill

for the reduction of duties, styled by him a "compromise" measure;

and prefaced the question with a speech, of which the following are

parts:

"In presenting the modification of the tariff laws which I

am now about to submit, I have two great objects in view. My

first object looks to the tariff. I am compelled to express the

opinion, formed after the most deliberate reflection, and on a

full survey of the whole country, that, whether rightfully or

wrongfully, the tariff stands in imminent danger. If it should

even be preserved during this session, it must fall at the

next session. By what circumstances, and through what causes,

has arisen the necessity for this change in the policy of our

country, I will not pretend now to elucidate. Others there are

who may differ from the impressions which my mind has received

upon this point. Owing, however, to a variety of concurrent

causes, the tariff, as it now exists, is in imminent danger; and

if the system can be preserved beyond the next session, it must

be by some means not now within the reach of human sagacity. The

fall of that policy, sir, would be productive of consequences

calamitous indeed. When I look to the variety of interests which

are involved, to the number of individuals interested, the

amount of capital invested, the value of the buildings erected,

and the whole arrangement of the business for the prosecution

of the various branches of the manufacturing art which have

sprung up under the fostering care of this government, I cannot

contemplate any evil equal to the sudden overthrow of all those

interests. History can produce no parallel to the extent of the

mischief which would be produced by such a disaster. The repeal

of the Edict of Nantes itself was nothing in comparison with

it. That condemned to exile and brought to ruin a great number

of persons. The most respectable portion of the population of

France were condemned to exile and ruin by that measure. But in

my opinion, sir, the sudden repeal of the tariff policy would

bring ruin and destruction on the whole people of this country.

There is no evil, in my opinion, equal to the consequences which

would result from such a catastrophe.

"I believe the American system to be in the greatest danger;

and I believe it can be placed on a better and safer foundation

at this session than at the next. I heard, with surprise,

my friend from Massachusetts say that nothing had occurred

within the last six months to increase its hazard. I entreat

him to review that opinion. Is it correct? Is the issue of

numerous elections, including that of the highest officer of

the government, nothing? Is the explicit recommendation of that

officer, in his message at the opening of the session sustained,

as he is, by a recent triumphant election, nothing? Is his

declaration in his proclamation, that the burdens of the South

ought to be relieved, nothing? Is the introduction of the bill

in the House of Representatives during this session, sanctioned

by the head of the treasury and the administration, prostrating

the greater part of the manufactures of the country, nothing?

Are the increasing discontents, nothing? Is the tendency of

recent events to unite the whole South, nothing? What have we

not witnessed in this chamber? Friends of the administration

bursting all the ties which seemed indissolubly to unite them

to its chief, and, with few exceptions south of the Potomac,

opposing, and vehemently opposing, a favorite measure of that

administration, which three short months ago they contributed

to establish? Let us not deceive ourselves. Now is the time to

adjust the question in a manner satisfactory to both parties.

Put it off until the next session, and the alternative may, and

probably then would be, a speedy and ruinous reduction of the

tariff, or a civil war with the entire South.

"It is well known that the majority of the dominant party is

adverse to the tariff. There are many honorable exceptions, the

senator from New Jersey [Mr. Dickerson] among them. But for the

exertions of the other party, the tariff would have been long

since sacrificed. Now let us look at the composition of the two

branches of Congress at the next session. In this body we lose

three friends of the protective policy, without being sure of

gaining one. Here, judging from the present appearances, we

shall, at the next session, be in the minority. In the House

it is notorious that there is a considerable accession to the

number of the dominant party. How, then, I ask, is the system

to be sustained against numbers, against the whole weight of

the administration, against the united South, and against the

increased impending danger of civil war?

"I have been represented as the father of the system, and I am

charged with an unnatural abandonment of my own offspring. I

have never arrogated to myself any such intimate relation to

it. I have, indeed, cherished it with parental fondness, and my

affection is undiminished. But in what condition do I find this

child? It is in the hands of the Philistines, who would strangle

it. I fly to its rescue, to snatch it from their custody, and

to place it on a bed of security and repose for nine years,

where it may grow and strengthen, and become acceptable to the

whole people. I behold a torch about being applied to a favorite

edifice, and I would save it, if possible, before it was wrapt

in flames, or at least preserve the precious furniture which it

contains."

Mr. Clay further advanced another reason for his bill, and which

was a wish to separate the tariff from politics and elections--a

wish which admitted their connection--and which, being afterwards

interpreted by events, was supposed to be the basis of the coalition

with Mr. Calhoun; both of them having tried the virtue of the

tariff question in elections, and found it unavailing either to

friends or foes. Mr. Clay, its champion, could not become President

upon its support. Mr. Calhoun, its antagonist, could not become

President upon its opposition. To both it was equally desirable, as

an unavailable element in elections, and as a stumbling-block to

both in future, that it should be withdrawn for some years from the

political arena; and Mr. Clay thus expressed himself in relation to

that withdrawal:

"_I wish to see the tariff separated from the politics of the

country, that business men may go to work in security, with some

prospect of stability in our laws, and without every thing being

staked on the issue of elections, as it were on the hazards of

the die._"

Mr. Clay then explained the principle of his bill, which was a

series of annual reductions of one tenth per cent. on the value

of all duties above twenty per cent. for eight successive years;

and after that, the reduction of all the remainder above twenty

per centum to that rate by two annual reductions of the excess:

so as to complete the reduction to twenty per centum on the value

of all imported goods on the 30th day of September, 1842; with

a total abolition of duties on about one hundred articles after

that time; and with a proviso in favor of the right of Congress,

in the event of war with any foreign power to impose such duties

as might be necessary to prosecute the war. And this was called

a "_compromise_," although there was no stipulation for the

permanency of the reduced, and of the abolished duties; and no such

stipulation could be made to bind future Congresses; and the only

equivalent which the South received from the party of protection,

was the stipulated surrender of their principle in the clause which

provided that after the said 30th of September, 1842, "_duties

should only be laid for raising such revenue as might be necessary

for an economical administration of the government_;" an attempt

to bind future Congresses, the value of which was seen before the

time was out. Mr. Clay proceeded to touch the tender parts of his

plan--the number of years the protective policy had to run, and

the guaranties for its abandonment at the end of the stipulated

protection. On these points he said:

"Viewing it in this light, it appeared that there were eight

years and a half, and nine years and a half, taking the

ultimate time, which would be an efficient protection; the

remaining duties would be withdrawn by a biennial reduction.

The protective principle must be said to be, in some measure,

relinquished at the end of eight years and a half. This period

could not appear unreasonable, and he thought that no member

of the Senate, or any portion of the country, ought to make

the slightest objection. It now remained for him to consider

the other objection--the want of a guaranty to there being an

ulterior continuance of the duties imposed by the bill, on the

expiration of the term which it prescribes. The best guaranties

would be found in the circumstances under which the measure

would be passed. If it were passed by common consent; if it were

passed with the assent of a portion, a considerable portion, of

those who had hitherto directly supported this system, and by a

considerable portion of those who opposed it; if they declared

their satisfaction with the measure, he had no doubt the rate of

duties guarantied would be continued after the expiration of the

term, if the country continued at peace."

Here was a stipulation to continue the protective principle for

nine years and a half, and the bill contained no stipulation to

abandon it at that time, and consequently no guaranty that it would

be abandoned; and certainly the guaranty would have been void if

stipulated, as it is not in the power of one Congress to abridge by

law the constitutional power of its successors. Mr. Clay, therefore,

had recourse to moral guaranties; and found them good, and best

in the circumstances in which the bill would be passed, and the

common consent with which it was expected to be done--a calculation

which found its value, as to the "common consent," before the bill

was passed, as to its binding force before the time fixed for its

efficacy to begin.

Mr. Forsyth, of Georgia, replied to Mr. Clay, and said:

"The avowed object of the bill would meet with universal

approbation. It was a project to harmonize the people, and it

could have come from no better source than from the gentleman

from Kentucky: for to no one were we more indebted than to him

for the discord and discontent which agitate us. But a few

months ago it was in the power of the gentleman, and those with

whom he acted, to settle this question at once and for ever.

The opportunity was not seized, but he hoped it was not passed.

In the project now offered, he could not see the elements of

success. The time was not auspicious. But fourteen days remained

to the session; and we had better wait the action of the House

on the bill before them, than by taking up this new measure

here, produce a cessation of their action. Was there not danger

that the fourteen days would be exhausted in useless debate?

Why, twenty men, with a sufficiency of breath (for words they

would not want), could annihilate the bill, though a majority

in both Houses were in favor of it. He objected, too, that the

bill was a violation of the constitution, because the Senate

had no power to raise revenue. Two years ago, the same senator

made a proposition, which was rejected on this very ground.

The offer, however, would not be useless; it would be attended

with all the advantages which could follow its discussion here.

We shall see it, and take it into consideration as the offer

of the manufacturers. The other party, as we are called, will

view it as a scheme of diplomacy; not as their _ultimatum_,

but as their first offer. But the bargain was all on one side.

After they are defeated, and can no longer sustain a conflict,

they come to make the best bargain they can. The senator from

Kentucky says, the tariff is in danger; aye, sir, it is at its

last gasp. It has received the immedicable wound; no hellebore

can cure it. He considered the confession of the gentleman to

be of immense importance. Yes, sir, the whole feeling of the

country is opposed to the high protective system. The wily

serpent that crept into our Eden has been touched by the spear

of Ithuriel. The senator is anxious to prevent the ruin which a

sudden abolition of the system will produce. No one desires to

inflict ruin upon the manufacturers; but suppose the Southern

people, having the power to control the subject, should totally

and suddenly abolish the system; what right would those have

to complain who had combined to oppress the South? What has

the tariff led us to already? From one end of the country

to the other, it has produced evils which are worse than a

thousand tariffs. The necessity of appealing now to fraternal

feeling shows that that feeling is not sleeping, but nearly

extinguished. He opposed the introduction of the bill as a

revenue measure, and upon it demanded the yeas and nays: which

were ordered."

The practical, clear-headed, straightforward Gen. Smith, of

Maryland, put his finger at once upon the fallacy and insecurity

of the whole scheme, and used a word, the point and application of

which was more visible afterwards than at the time it was uttered.

He said:

"That the bill was no cure at all for the evils complained

of by the South. They wished to try the constitutionality

of protecting duties. In this bill there was nothing but

protection, from beginning to end. We had been told that if the

bill passed with common consent, the system established by it

would not be touched. But he had once been _cheated_ in that

way, and would not be _cheated_ again. In 1816 it was said the

manufacturers would be satisfied with the protection afforded by

the bill of that year; but in a few years after they came and

insisted for more, and got more. After the first four years, an

attempt would be made to repeal all the balance of this bill. He

would go no further than four years in prospective reduction.

The reduction was on some articles too great."

He spoke history, except in the time. The manufacturers retained

the benefits of the bill to the end of the protection which it

gave them, and then re-established the protective system in more

amplitude than ever.

"Mr. Calhoun rose and said, he would make but one or two

observations. Entirely approving of the object for which

this bill was introduced, he should give his vote in favor

of the motion for leave to introduce it. He who loved the

Union must desire to see this agitating question brought to a

termination. Until it should be terminated, we could not expect

the restoration of peace or harmony, or a sound condition of

things, throughout the country. He believed that to the unhappy

divisions which had kept the Northern and Southern States apart

from each other, the present entirely degraded condition of the

country (for entirely degraded he believed it to be) was solely

attributable. The general principles of this bill received his

approbation. He believed that if the present difficulties were

to be adjusted, they must be adjusted on the principles embraced

in the bill, of fixing ad valorem duties, except in the few

cases in the bill to which specific duties were assigned. He

said that it had been his fate to occupy a position as hostile

as any one could, in reference to the protecting policy; but,

if it depended on his will, he would not give his vote for

the prostration of the manufacturing interest. A very large

capital had been invested in manufactures, which had been of

great service to the country; and he would never give his vote

to suddenly withdraw all those duties by which that capital was

sustained in the channel into which it had been directed. But

he would only vote for the ad valorem system of duties, which

he deemed the most beneficial and the most equitable. At this

time, he did not rise to go into a consideration of any of the

details of this bill, as such a course would be premature, and

contrary to the practice of the Senate. There were some of the

provisions which had his entire approbation, and there were some

to which he objected. But he looked upon these minor points of

difference as points in the settlement of which no difficulty

would occur, when gentlemen meet together in that spirit of

mutual compromise which, he doubted not, would be brought into

their deliberations, without at all yielding the constitutional

question as to the right of protection."

This union of Mr. Calhoun and Mr. Clay in the belief of the harmony

and brotherly affection which this bill would produce, professing

as it did, and bearing on its face the termination of the American

system, afforded a strong instance of the fallibility of political

opinions. It was only six months before that the dissolution of the

Union would be the effect, in the opinion of one of them, of the

continuance of the American system--and of its abandonment in the

opinion of the other. Now, both agreed that the bill which professed

to destroy it would restore peace and harmony to a distracted

country. How far Mr. Clay then saw the preservation, and not the

destruction, of the American system in the compromise he was making,

may be judged by what he said two weeks later, when he declared that

he looked forward to a re-action which would restore the protective

system at the end of the time.

The first news of Mr. Clay's bill was heard with dismay by the

manufacturers. Niles' Register, the most authentic organ and devoted

advocate of that class, heralded it thus: "_Mr. Clay's new tariff

project will be received like a crash of thunder in the winter

season, and some will hardly trust the evidence of their senses on

a first examination of it--so radical and sudden is the change of

policy proposed because of a combination of circumstances which, in

the judgment of Mr. Clay, has rendered such a change necessary. It

may be that our favorite systems are all to be destroyed. If so

the majority determine--so be it._" The manufacturers flocked in

crowds to Washington City--leaving home to stop the bill--arriving

at Washington to promote it. Those practical men soon saw that they

had gained a reprieve of nine years and a half in the benefits of

protection, with a certainty of the re-establishment of the system

at the end of that time, from the revulsion which would be made in

the revenue--in the abrupt plunge at the end of that time in the

scale of duties from a high rate to an ad valorem of twenty per

centum; and that leaving one hundred articles free. This nine years

and a half reprieve, with the certain chance for the revulsion,

they found to be a good escape from the possible passage of Mr.

Verplank's bill, or its equivalent, at that session; and its

certain passage, if it failed then, at the ensuing session of the

new Congress. They found the protective system dead without this

reprieve, and now received as a deliverance what had been viewed as

a sentence of execution; and having helped the bill through, they

went home rejoicing, and more devoted to Mr. Clay than ever.

Mr. Webster had not been consulted, in the formation of this bill,

and was strongly opposed to it, as well as naturally dissatisfied

at the neglect with which he had been treated. As the ablest

champion of the tariff, and the representative of the chief seat of

manufactures, he would naturally have been consulted, and made a

party, and a leading one, in any scheme of tariff adjustment; on the

contrary, the whole concoction of the bill between Mr. Clay and Mr.

Calhoun had been entirely concealed from him. Symptoms of discontent

appeared, at times, in their speeches; and, on the night of the 23d,

some sharp words passed--composed the next day by their friends: but

it was a strange idea of a "compromise," from which the main party

was to be excluded in its formation, and bound in its conclusion.

And Mr. Webster took an immediate opportunity to show that he had

not been consulted, and would not be bound by the arrangement that

had been made. He said:

"It is impossible that this proposition of the honorable member

from Kentucky should not excite in the country a very strong

sensation; and, in the relation in which I stand to the subject,

I am anxious at an early moment, to say, that, as far as I

understand the bill, from the gentleman's statement of it, there

are principles in it to which I do not at present see how I can

ever concur. If I understand the plan, the result of it will

be a well-understood surrender of the power of discrimination,

or a stipulation not to use that power, in the laying duties

on imports, after the eight or nine years have expired. This

appears to me to be matter of great moment. I hesitate to be a

party to any such stipulation. The honorable member admits, that

though there will be no positive surrender of the power, there

will be a stipulation not to exercise it; a treaty of peace and

amity, as he says, which no American statesman can, hereafter,

stand up to violate. For one, sir, I am not ready to enter into

the treaty. I propose, so far as depends on me, to leave all our

successors in Congress as free to act as we are ourselves.

"The honorable member from Kentucky says the tariff is in

imminent danger; that, if not destroyed this session, it cannot

hope to survive the next. This may be so, sir. This may be so.

But, if it be so, it is because the American people will not

sanction the tariff; and, if they will not, why, then, sir, it

cannot be sustained at all. I am not quite so despairing as the

honorable member seems to be. I know nothing which has happened,

within the last six or eight months, changing so materially the

prospects of the tariff. I do not despair of the success of an

appeal to the American people, to take a just care of their own

interest, and not to sacrifice those vast interests which have

grown up under the laws of Congress."

There was a significant intimation in these few remarks, that Mr.

Webster had not been consulted in the preparation of this bill.

He shows that he had no knowledge of it, except from Mr. Clay's

statement of its contents, on the floor, for it had not then been

read; and the statement made by Mr. Clay was his only means of

understanding it. This is the only public intimation which he gave

of that exclusion of himself from all knowledge of what Mr. Clay and

Mr. Calhoun were doing; but, on the Sunday after the sharp words

between him and Mr. Clay, the fact was fully communicated to me, by

a mutual friend, and as an injurious exclusion which Mr. Webster

naturally and sensibly felt. On the next day, he delivered his

opinions of the bill, in an unusually formal manner--in a set of

resolutions, instead of a speech--thus:

"_Resolved_, That the annual revenues of the country ought not

to be allowed to exceed a just estimate of the wants of the

government; and that, as soon as it shall be ascertained, with

reasonable certainty, that the rates of duties on imports, as

established by the act of July, 1832, will yield an excess over

those wants, provision ought to be made for their reduction;

and that, in making this reduction, just regard should be had

to the various interests and opinions of different parts of the

country, so as most effectually to preserve the integrity and

harmony of the Union, and to provide for the common defence, and

promote the general welfare of the whole.

"But, whereas it is certain that the diminution of the rates of

duties on some articles would increase, instead of reducing, the

aggregate amount of revenue on such articles; and whereas, in

regard to such articles as it has been the policy of the country

to protect, a slight reduction on one might produce essential

injury, and even distress, to large classes of the community,

while another might bear a larger reduction without any such

consequences; and whereas, also, there are many articles, the

duties on which might be reduced, or altogether abolished,

without producing any other effect than the reduction of

revenue: Therefore,

"_Resolved_, That, in reducing the rates of duties imposed

on imports, by the act of the 14th of July aforesaid, it is

not wise or judicious to proceed by way of an equal reduction

per centum on all articles; but that, as well the amount as

the time of reduction ought to be fixed, in respect to the

several articles, distinctly, having due regard, in each case,

to the questions whether the proposed reduction will affect

revenue alone, or how far it will operate injuriously on those

domestic manufactures hitherto protected; especially such as

are essential in time of war, and such, also, as have been

established on the faith of existing laws; and, above all, how

far such proposed reduction will affect the rates of wages and

the earnings of American manual labor.

"_Resolved_, That it is unwise and injudicious, in regulating

imposts, to adopt a plan, hitherto equally unknown in the

history of this government, and in the practice of all

enlightened nations, which shall, either immediately or

prospectively, reject all discrimination on articles to be

taxed, whether they be articles of necessity or of luxury, of

general consumption or of limited consumption; and whether they

be or be not such as are manufactured and produced at home, and

which shall confine all duties to one equal rate per centum on

all articles.

"_Resolved_, That, since the people of the United States have

deprived the State governments of all power of fostering

manufactures, however indispensable in peace or in war, or

however important to national independence, by commercial

regulations, or by laying duties on imports, and have

transferred the whole authority to make such regulations, and to

lay such duties, to the Congress of the United States, Congress

cannot surrender or abandon such power, compatibly with its

constitutional duty; and, therefore,

"_Resolved_, That no law ought to be passed on the subject

of imposts, containing any stipulation, express or implied,

or giving any pledge or assurance, direct or indirect, which

shall tend to restrain Congress from the full exercise, at all

times hereafter, of all its constitutional powers, in giving

reasonable protection to American industry, countervailing the

policy of foreign nations, and maintaining the substantial

independence of the United States."

These resolutions brought the sentiments of Mr. Webster, on the

tariff and federal revenue, very nearly to the standard recommended

by General Jackson, in his annual message; which was a limitation

of the revenue to the wants of the government, with incidental

protection to essential articles; and this approximation of

policy, with that which had already taken place on the doctrine

of nullification and its measures, and his present support of the

"Force Bill," may have occasioned the exclusion of Mr. Webster from

all knowledge of this "compromise." Certain it is, that, with these

sentiments on the subject of the tariff and the revenue, and with

the decision of the people, in their late elections against the

American system, that Mr. Webster and his friends would have acted

with the friends of General Jackson and the democratic party, in the

ensuing Congress, in reducing the duties in a way to be satisfactory

to every reasonable interest; and, above all, to be stable; and to

free the country from the agitation of the tariff question, the

manufacturers from uncertainty, and the revenue from fluctuations

which alternately gave overflowing and empty treasuries. It was

a consummation devoutly to be wished; and frustrated by the

intervention of the delusive "compromise," concocted out of doors,

and in conclave by two senators; and to be carried through Congress

by their joint adherents, and by the fears of some and the interests

of others.

Mr. Wright, of New-York, saw objections to the bill, which would be

insurmountable in other circumstances. He proceeded to state these

objections, and the reason which would outweigh them in his mind:

"He thought the reduction too slow for the first eight years,

and vastly too rapid afterwards. Again, he objected to the

inequality of the rule of reduction which had been adopted.

It will be seen, at once, that on articles paying one hundred

per cent. duty, the reduction is dangerously rapid. There was

uniformity in the rule adopted by the bill, as regards its

operation on existing laws. The first object of the bill was to

effect a compromise between the conflicting views of the friends

and the opponents of protection. It purports to extend relief to

Southern interest; and yet it enhances the duty on one of the

most material articles of Southern consumption--negro cloths.

Again, while it increases this duty, it imposes no corresponding

duty on the raw material from which the fabric is made.

"Another objection arose from his mature conviction that the

principle of home valuation was absurd, impracticable, and

of very unequal operation. The reduction on some articles of

prime necessity--iron, for example--was so great and so rapid,

that he was perfectly satisfied that it would stop all further

production before the expiration of eight years. The principle

of discrimination was one of the points introduced into the

discussion; and, as to this, he would say that the bill did

not recognize, after a limited period, the power of Congress

to afford protection by discriminating duties. It provides

protection for a certain length of time, but does not ultimately

recognize the principle of protection. The bill proposes

ultimately to reduce all articles which pay duty to the same

rate of duty. This principle of revenue was entirely unknown to

our laws, and, in his opinion, was an unwarrantable innovation.

Gentlemen advocating the principle and policy of free trade

admit the power of Congress to lay and collect such duties as

are necessary for the purpose of revenue; and to that extent

they will incidentally afford protection to manufactures. He

would, upon all occasions, contend that no more money should

be raised from duties on imports than the government needs;

and this principle he wished now to state in plain terms. He

adverted to the proceedings of the Free Trade Convention to

show that, by a large majority, (120 to 7,) they recognized

the constitutional power of Congress to afford incidental

protection to domestic manufactures. They expressly agreed that

the principle of discrimination was in consonance with the

constitution.

"Still another objection he had to the bill. It proposed on

its face, and, as he thought, directly, to restrict the action

of our successors. We had no power, he contended, to bind our

successors. We might legislate prospectively, and a future

Congress could stop the course of this prospective legislation.

He had, however, no alternative but to vote for the bill, with

all its defects, because it contained some provisions which the

state of the country rendered indispensably necessary."

He then stated the reason which would induce him to vote for the

bill notwithstanding these objections. It was found in the attitude

of South Carolina, and in the extreme desire which he had to remove

all cause of discontent in that State, and to enable her to return

to the state of feeling which belonged to an affectionate member of

the Union. For that reason he would do what was satisfactory to her,

though not agreeable to himself.

While the bill was still depending before the Senate, the bill

itself for which the leave was being asked, made its appearance at

the door of the chamber, with a right to enter it, in the shape of

an act passed by the House, and sent to the Senate for concurrence.

This was a new feature in the game, and occasioned the Senate bill

to be immediately dropped, and the House bill put in its place; and

which, being quickly put to the vote, was passed, 29 to 16.

"YEAS.--Messrs. Bell, Bibb, Black, Calhoun, Chambers, Clay,

Clayton, Ewing, Foot, Forsyth, Frelinghuysen, Grundy, Hill,

Holmes, Johnston, King, Mangum, Miller, Moore, Maudain,

Poindexter, Rives, Robinson, Sprague, Tomlinson, Tyler,

Waggaman, White, Wright.

"NAYS.--Messrs. Benton, Buckner, Dallas, Dickerson, Dudley,

Hendricks, Knight, Prentiss, Robbins, Ruggles, Seymour, Silsbee,

Smith, Tipton, Webster, Wilkins."

And the bill was then called a "compromise," which the

dictionaries define to be an "agreement without the intervention

of arbitrators;" and so called, it was immediately proclaimed to

be sacred and inviolable, as founded on mutual consent, although

the only share which the manufacturing States (Pennsylvania, New

Jersey, Maryland, Massachusetts, Rhode Island, Vermont) had in

making this "compromise," was to see it sprung upon them without

notice, executed upon them as a surprise, and forced upon them

by anti-tariff votes, against the strenuous resistance of their

senators and representatives in both Houses of Congress.

An incident which attended the discussion of this bill shows

the manner in which great measures--especially a bill of many

particulars, like the tariff, which affords an opportunity of

gratifying small interests--may be worked through a legislative

body, even the Senate of the United States, by other reasons than

those derived from its merits. The case was this: There were a

few small manufactories in Connecticut and some other New England

States, of a coarse cloth called, not Kendall green, but Kendall

cotton--quite antithetically, as the article was made wholly

of wool--of which much was also imported. As it was an article

exclusively for the laboring population, the tariff of the preceding

session made it virtually free, imposing only a duty of five per

centum on the value of the cloth and the same on the wool of which

it was made. Now this article was put up in this "compromise" bill

which was to reduce duties, to fifty per centum, aggravated by an

arbitrary minimum valuation, and by the legerdemain of retaining

the five per centum duty on the foreign wool which they used, and

which was equivalent to making it free, and reduced to that low rate

to harmonize the duty on the raw material and the cloth. General

Smith, of Maryland, moved to strike out this duty, so flagrantly in

contrast to the professed objects of the bill, and in fraud of the

wool duty; and that motion brought out the reason why it was put

there--which was, that it was necessary to secure the passage of

the bill. Mr. Foot, of Connecticut, said: "_This was an important

feature of the bill, in which his constituents had a great interest.

Gentlemen from the South had agreed to it; and they were competent

to guard their own interest._" Mr. Clay said: "_The provision

proposed to be stricken out was an essential part of the compromise,

which, if struck out, would destroy the whole._" Mr. Bell of New

Hampshire, said: "_The passage of the bill depended upon it. If

struck out, he should feel himself compelled to vote against the

bill._" So it was admitted by those who knew what they said, that

this item had been put into the bill while in a state of concoction

out of doors, and as a _douceur_ to conciliate the votes which were

to pass it. Thereupon Mr. Benton stood up, and

"Animadverted on the reason which was alleged for this

extraordinary augmentation of duties in a bill which was to

reduce duties. The reason was candidly expressed on this floor.

There were a few small manufactories of these woollens in

Connecticut; and unless these manufactories be protected by an

increase of duties, certain members avow their determination

to vote against the whole bill! This is the secret--no! not

a secret, for it is proclaimed. It was a secret, but is not

now. Two or three little factories in Connecticut must be

protected; and that by imposing an annual tax upon the wearers

of these coarse woollens of four or five times the value of

the fee-simple estate of the factories. Better far, as a point

of economy and justice, to purchase them and burn them. The

whole American system is to be given up in the year 1842;

and why impose an annual tax of near five hundred thousand

dollars, upon the laboring community, to prolong, for a few

years, a few small branches of that system, when the whole bill

has the axe to the root, and nods to its fall? But, said Mr.

B., these manufactories of coarse woollens, to be protected

by this bill, are not even American; they are rather Asiatic

establishments in America; for they get their wool from Asia,

and not from America. The importation of this wool is one

million two hundred and fifty thousand pounds weight; it comes

chiefly from Smyrna, and costs less than eight cents a pound.

It was made free of duty at the last session of Congress, as

an equivalent to these very manufactories for the reduction of

the duty on coarse woollens to five per cent. The two measures

went together, and were, each, a consideration for the other.

Before that time, and by the act of 1828, this coarse wool was

heavily dutied for the benefit of the home wool growers. It was

subjected to a double duty, one of four cents on the pound,

and the other of fifty per cent. on the value. As a measure of

compromise, this double duty was abolished at the last session.

The wool for these factories was admitted duty free, and, as

an equivalent to the community, the woollens made out of the

corresponding kind of wool were admitted at a nominal duty. It

was a bargain, entered into in open Congress, and sealed with

all the forms of law. Now, in six months after the bargain was

made, it is to be broken. The manufacturers are to have the

duty on woollens run up to fifty per cent. for protection, and

are still to receive the foreign wool free of duty. In plain

English, they are to retain the pay which was given them for

reducing the duties on these coarse woollens, and they are to

have the duties restored.

"He said it was contrary to the whole tenor and policy of the

bill, and presented the strange contradiction of multiplying

duties tenfold, upon an article of prime necessity, used

exclusively by the laboring part of the community, while

reducing duties or abolishing them _in toto_, upon every article

used by the rich and luxurious. Silks were to be free; cambrics

and fine linens were to be free; muslins, and casimeres, and

broad cloths were to be reduced; but the coarse woollens, worn

by the laborers of every color and every occupation, of every

sex and of every age, bond or free--these coarse woollens,

necessary to shelter the exposed laborer from cold and damp, are

to be put up tenfold in point of tax, and the cost of procuring

them doubled to the wearer.

"The American value, and not the foreign cost, will be the basis

of computation for the twenty per cent. The difference, when all

is fair, is about thirty-five per cent. in the value; so that an

importation of coarse woollens, costing one million in Europe,

and now to pay five per cent. on that cost, will be valued, if

all is fair, at one million three hundred and fifty thousand

dollars; and the twenty per cent. will be calculated on that

sum, and will give two hundred and seventy thousand dollars,

instead of two hundred thousand dollars, for the quantum of the

tax. It will be near sixfold, instead of four-fold, and that if

all is fair; but if there are gross errors or gross frauds in

the valuation, as every human being knows there must be, the

real tax may be far above sixfold. On this very floor, and in

this very debate, we hear it computed, by way of recommending

this bill to the manufacturers, that the twenty per cent. on

the statute book will exceed thirty in the custom-house.

"Mr. B. took a view of the circumstances which had attended the

duties on these coarse woollens since he had been in Congress.

Every act had discriminated in favor of these goods, because

they were used by the poor and the laborer. The act of 1824

fixed the duties upon them at a rate one third less than on

other woollens; the act of 1828 fixed it at upwards of one half

less; the act of 1832 fixed it nine tenths less. All these

discriminations in favor of coarse woollens were made upon the

avowed principle of favoring the laborers, bond and free,--the

slave which works the field for his master, the mariner, the

miner, the steamboat hand, the worker in stone and wood, and

every out-door occupation. It was intended by the framers of

all these acts, and especially by the supporters of the act of

1832, that this class of our population, so meritorious from

their daily labor, so much overlooked in the operations of the

government, because of their little weight in the political

scale, should at least receive one boon from Congress--they

should receive their working clothes free of tax. This was the

intention of successive Congresses; it was the performance of

this Congress in its act of the last session; and now, in six

short months since this boon was granted, before the act had

gone into effect, the very week before the act was to go into

effect, the boon so lately granted, is to be snatched away, and

the day laborer taxed higher than ever; taxed fifty per cent.

upon his working clothes! while gentlemen and ladies are to have

silks and cambrics, and fine linen, free of any tax at all!

"In allusion to the alleged competency of the South to guard its

own interest, as averred by Mr. Foot, Mr. Benton said that was a

species of ability not confined to the South, but existent also

in the North--whether indigenous or exotic he could not say--but

certainly existent there, at least in some of the small States;

and active when duties were to be raised on Kendal cotton cloth,

and the wool of which it was made to remain free."

The motion of General Smith was rejected, of course, and by the same

vote which passed the bill, no one of those giving way an inch of

ground in the House who had promised out of doors to stand by the

bill. Another incident to which the discussion of this bill gave

rise, and the memory of which is necessary to the understanding

of the times, was the character of "_protection_" which Mr. Clay

openly claimed for it; and the peremptory manner in which he and his

friends vindicated that claim in open Senate, and to the face of

Mr. Calhoun. The circumstances were these: Mr. Forsyth objected to

the leave asked by Mr. Clay to introduce his bill, because it was

a revenue bill, the origination of which under the constitution

exclusively belonged to the House of Representatives, the immediate

representative of the people. And this gave rise to an episodical

debate, in which Mr. Clay said: "_The main object of the bill is not

revenue, but protection._"--In answer to several senators who said

the bill was an abandonment of the protective principle, Mr. Clay

said: "_The language of the bill authorized no such construction,

and that no one would be justified in inferring that there was to be

an abandonment of the system of protection._"--And Mr. Clayton, of

Delaware, a supporter of the bill, said: "_The government cannot be

kept together if the principle of protection were to be discarded in

our policy; and declared that he would pause before he surrendered

that principle, even to save the Union._"--Mr. Webster said: "_The

bill is brought forward by the distinguished senator from Kentucky,

who professes to have renounced none of his former opinions as to

the constitutionality and expediency of protection._"--And Mr. Clay

said further: "_The bill assumes, as a basis, adequate protection

for nine years, and less (protection) beyond that term. The friends

of protection say to their opponents, we are willing to take a

lease of nine years, with the long chapter of accidents beyond that

period, including the chance of war, the restoration of concord,

and along with it a conviction common to all, of the utility of

protection; and in consideration of it, if, in 1842 none of these

contingencies shall have been realized, we are willing to submit,

as long as Congress may think proper, with a maximum of twenty per

centum_," &c.--"_He avowed his object in framing the bill was to

secure that protection to manufactures which every one foresaw must

otherwise soon be swept away._" So that the bill was declared _to

be one of protection_ (_and upon sufficient data_), upon a lease of

nine years and a half, with many chances for converting the lease

into a fee simple at the end of its run; which, in fact, was done;

but with such excess of protection as to produce a revulsion, and

another tariff catastrophe in 1846. The continuance of protection

was claimed in argument by Mr. Clay and his friends throughout the

discussion, but here it was made a point on which the fate of the

bill depended, and on which enough of its friends to defeat it

declared they would not support it except as a protective measure.

Mr. Calhoun in other parts of the debate had declared the bill to

be an abandonment of protection; but at this critical point, when

such a denial from him would have been the instant death warrant of

the bill, he said nothing. His desire for its passage must have been

overpowering when he could hear such declarations without repeating

his denial.

On the main point, that of the constitutionality of originating the

bill in the Senate, Mr. Webster spoke the law of Parliament when he

said:

"It was purely a question of privilege, and the decision of

it belonged alone to the other House. The Senate, by the

constitution, could not originate bills for raising revenue. It

was of no consequence whether the rate of duty were increased

or decreased; if it was a money bill it belonged to the House

to originate it. In the House there was a Committee of Ways

and Means organized expressly for such objects. There was no

such committee in the Senate. The constitutional provision was

taken from the practice of the British Parliament, whose usages

were well known to the framers of the constitution, with the

modification that the Senate might alter and amend money bills,

which was denied by the House of Commons to the Lords. This

subject belongs exclusively to the House of Representatives. The

attempt to evade the question, by contending that the present

bill was intended for protection and not for revenue, afforded

no relief, for it was protection by means of revenue. It was

not the less a money bill from its object being protection.

After 1842 this bill would raise the revenue, or it would not

be raised by existing laws. He was altogether opposed to the

provisions of this bill; but this objection was one which

belonged to the House of Representatives."

Another incident which illustrates the vice and tyranny of this

outside concoction of measures between chiefs, to be supported

in the House by their adherents as they fix it, occurred in the

progress of this bill. Mr. Benton, perceiving that there was no

corresponding reduction of drawback provided for on the exportation

of the manufactured article made out of an imported material on

which duty was to be reduced, and supposing it to have been an

oversight in the framing of the bill, moved an amendment to that

effect; and meeting resistance, stood up, and said:

"His motion did not extend to the general system of drawbacks,

but only to those special cases in which the exporter was

authorized to draw from the treasury the amount of money which

he had paid into it on the importation of the materials which

he had manufactured. The amount of drawback to be allowed in

every case had been adjusted to the amount of duty paid, and as

all these duties were to be periodically reduced by the bill,

it would follow, as a regular consequence, that the drawback

should undergo equal reductions at the same time. Mr. B. would

illustrate his motion by stating a single case--the case of

refined sugar. The drawback payable on this sugar was five

cents a pound. These five cents rested upon a duty of three

cents, now payable on the importation of foreign brown sugar.

It was ascertained that it required nearly two pounds of brown

sugar to make a pound of refined sugar, and five cents was

held to be the amount of duty paid on the quantity of brown

sugar which made the pound of refined sugar. It was simply a

reimbursement of what he had paid. By this bill the duty of

foreign brown sugar will be reduced immediately to two and a

half cents a pound, and afterwards will be periodically reduced

until the year 1842, when it will be but six-tenths of a cent,

very little more than one-sixth of the duty when five cents

the pound were allowed for a drawback. Now, if the drawback is

not reduced in proportion to the reduction of the duty on the

raw sugar, two very injurious consequences will result to the

public: first, that a large sum of money will be annually taken

out of the treasury in gratuitous bounties to sugar refiners;

and next, that the consumers of refined sugar will have to pay

more for American refined sugar than foreigners will; for the

refiners getting a bounty of five cents a pound on all that is

exported, will export all, unless the American consumer will

pay the bounty also. Mr. B. could not undertake to say how much

money would be drawn from the treasury, as a mere bounty, if

this amendment did not prevail. It must, however, be great. The

drawback was now frequently a hundred thousand dollars a year,

and great frauds were committed to obtain it. Frauds to the

amount of forty thousand dollars a year had been detected, and

this while the inducement was small and inconsiderable; but, as

fast as that inducement swells from year to year, the temptation

to commit frauds must increase; and the amount drawn by fraud,

added to that drawn by the letter of the law, must be enormous.

Mr. B. did not think it necessary to illustrate his motion by

further examples, but said there were other cases which would be

as strong as that of refined sugar; and justice to the public

required all to be checked at once, by adopting the amendment he

had offered."

This amendment was lost, although its necessity was self-evident,

and supported by Mr. Calhoun's vote; but Mr. Clay was inexorable,

and would allow of no amendment which was not offered by friends

of the bill: a qualification which usually attends all this class

of outside legislation. In the end, I saw the amendment adopted,

as it regarded refined sugars, after it began to take hundreds of

thousands per annum from the treasury, and was hastening on to

millions per annum. The vote on its rejection in the compromise

bill, was:

"YEAS.--Messrs. Benton, Buckner, Calhoun, Dallas, Dickerson,

Dudley, Forsyth, Johnson, Kane, King, Rives, Robinson, Seymour,

Tomlinson, Webster, White, Wilkins, Wright--18.

"NAYS.--Messrs. Bell, Bibb, Black, Clay, Clayton, Ewing, Foot,

Grundy, Hendricks, Holmes, Knight, Mangum, Miller, Moore,

Naudain, Poindexter, Prentiss, Robbins, Silsbee, Smith, Sprague,

Tipton, Troup, Tyler.--24."

But the protective feature of the bill, which sat hardest upon

the Southern members, and, at one time, seemed to put an end to

the "compromise," was a proposition, by Mr. Clay, to substitute

home valuations for foreign on imported goods; and on which home

valuation, the duty was to be computed. This was no part of the

bill concocted by Mr. Clay and Mr. Calhoun; and, when offered,

evidently took the latter gentleman by surprise, who pronounced it

unconstitutional, unequal, and unjust; averred the objections to the

proposition to be insurmountable; and declared that, if adopted,

would compel him to vote against the whole bill. On the other hand,

Mr. Clayton and others, declared the adoption of the amendment to

be indispensable; and boldly made known their determination to

sacrifice the bill, if it was not adopted. A brief and sharp debate

took place, in the course of which Mr. Calhoun declared his opinions

to remain unaltered, and Mr. Clayton moved to lay the bill upon the

table. Its fate seemed, at that time, to be sealed; and certainly

would have been, if the vote on its passage had then been taken; but

an adjournment was moved, and carried; and, on the next day, and

after further debate, and the question on Mr. Clay's proposition

about to be taken, Mr. Calhoun declared that it had become necessary

for him to determine whether he would vote for or against it; said

he would vote for it, otherwise the bill would be lost. He then

called upon the reporters in the gallery to notice well what he

said, as he intended his declaration to be part of the proceedings:

and that he voted upon the conditions: first, that no valuation

should be adopted, which would make the duties unequal in different

parts; and secondly, that the duties themselves should not become

an element in the valuation. The practical sense of General Smith

immediately exposed the futility of these conditions, which were

looked upon, on all sides, as a mere salvo for an inevitable vote,

extorted from him by the exigencies of his position; and several

senators reminded him that his intentions and motives could have no

effect upon the law, which would be executed according to its own

words. The following is the debate on this point, very curious in

itself, even in the outside view it gives of the manner of affecting

great national legislation; and much more so in the inside view of

the manner of passing this particular measure, so lauded in its day;

and to understand which, the outside view must first be seen. It

appears thus, in the prepared debates:

"Mr. Clay now rose to propose the amendment, of which he had

previously given notice. The object was, that, after the period

prescribed by the bill, all duties should thereafter be assessed

on a valuation made at the port in which the goods are first

imported, and under 'such regulations as may be prescribed by

law.' Mr. C. said it would be seen, by this amendment, that, in

place of having a foreign valuation, it was intended to have

a home one. It was believed by the friends of the protective

system, that such a regulation was necessary. It was believed

by many of the friends of the system, that, after the period

of nine and a half years, the most of our manufactures will be

sufficiently grown to be able to support themselves under a duty

of twenty per cent., if properly laid; but that, under a system

of foreign valuation, such would not be the case. They say that

it would be more detrimental to their interests than the lowest

scale of duties that could be imposed; and you propose to fix a

standard of duties. They are willing to take you at your word,

provided you regulate this in a way to do them justice.

"Mr. Smith opposed the amendment, on the ground that it would

be an increase of duties; that it had been tried before; that

it would be impracticable, unequal, unjust, and productive of

confusion, inasmuch as imported goods were constantly varying

in value, and were well known to be, at all times, cheaper in

New-York than in the commercial cities south of it. This would

have the effect of drawing all the trade of the United States to

New-York.

"Mr. Clay said he did not think it expedient, in deciding this

question, to go forward five or six years, and make that an

obstacle to the passage of a great national measure, which

is not to go into operation until after that period. The

honorable senator from Maryland said that the measure would be

impracticable. Well, sir, if so, it will not be adopted. We

do not adopt it now, said Mr. C.; we only adopt the principle,

leaving it to future legislation to adjust the details. Besides,

it would be the restoration of an ancient principle, known since

the foundation of the government. It was but at the last session

that the discriminating duty on goods coming from this side,

and beyond the Cape of Good Hope, ten per cent. on one, and

twenty per cent. on the other, was repealed. On what principle

was it, said he, that this discrimination ever prevailed? On

the principle of the home value. Were it not for the fraudulent

invoices which every gentleman in this country was familiar

with, he would not urge the amendment; but it was to detect and

prevent these frauds that he looked upon the insertion of the

clause as essentially necessary.

"Mr. Smith replied that he had not said that the measure

was impracticable. He only intended to say that it would be

inconvenient and unjust. Neither did he say that it would be

adopted by a future Congress; but he said, if the principle

was adopted now, it would be an entering wedge that might lead

to the adoption of the measure. We all recollect, said Mr.

S., that appropriations were made for surveys for internal

improvements; and that these operated as entering wedges, and

led to appropriations for roads and canals. The adoption of the

principle contended for, by the senator from Kentucky, would

not, in his (Mr. S.'s) opinion, prevent frauds in the invoices.

That very principle was the foundation of all the frauds on the

revenue of France and Spain, where the duties were assessed

according to the value of the goods in the ports where entered.

He again said that the effect of the amendment would be to draw

the principal commerce of the country to the great city of

New-York, where goods were cheaper.

"Mr. Forsyth understood, from what had fallen from the senator

from Kentucky, that this was a vital question, and on it

depended the success of this measure of conciliation and

compromise, which was said to settle the distracted condition of

the country. In one respect, it was said to be a vital question;

and the next was, it was useful; and a strange contradiction

followed: that the fate of this measure, to unite the jarrings

of brother with brother, depended on the adoption of a principle

which might or might not be adopted. He considered the amendment

wrong in principle, because it would be both unequal and unjust

in its operation, and because it would raise the revenue: as the

duties would be assessed, not only on the value of the goods

at the place whence imported, but on their value at the place

of importation. He would, however, vote for the bill, even if

the amendment were incorporated in it, provided he had the

assurances, from the proper quarter, that it would effect the

conciliation and compromise it was intended for.

"Mr. Clay had brought forward this measure, with the hope that,

in the course of its discussion, it would ultimately assume

such a shape as to reconcile all parties to its adoption, and

tend to end the agitation of this unsettled question. If there

be any member of this Congress (Mr. C. said), who says that he

will take this bill now for as much as it is worth, and that he

will, at the next Congress, again open the question, for the

purpose of getting a better bill, of bringing down the tariff to

a lower standard, without considering it as a final measure of

compromise and conciliation, calculated also to give stability

to a man of business, the bill, in his eyes, would lose all its

value, and he should be constrained to vote against it.

"It was for the sake of conciliation, of nine years of peace,

to give tranquility to a disturbed and agitated country, that

he had, even at this late period of the session, introduced

this measure, which, his respect for the other branch of the

legislature, now sitting in that building, and who had a

measure, looking to the same end, before them, had prevented

him from bringing forward at an earlier period. But, when he

had seen the session wearing away, without the prospect of any

action in that other body, he felt himself compelled to come

forward, though contrary to his wishes, and the advice of some

of his best friends, with whom he had acted in the most perilous

times.

"Mr. Calhoun said, he regretted, exceedingly, that the senator

from Kentucky had felt it his duty to move the amendment.

According to his present impressions, the objections to it

were insurmountable; and, unless these were removed, he should

be compelled to vote against the whole bill, should the

amendment be adopted. The measure proposed was, in his opinion,

unconstitutional. The constitution expressly provided that no

preference should be given, by any regulation of commerce, to

the ports of one State over those of another; and this would

be the effect of adopting the amendment. Thus, great injustice

and inequality must necessarily result from it; for the price

of goods being cheaper in the Northern than in the Southern

cities, a home valuation would give to the former a preference

in the payment of duties. Again, the price of goods being higher

at New Orleans and Charleston than at New-York, the freight

and insurance also being higher, together with the increased

expenses of a sickly climate, would give such advantages in the

amount of duties to the Northern city, as to draw to it much of

the trade of the Southern ones. In his view of the subject, this

was not all. He was not merchant enough to say what would be

the extent of duties under this system of home valuation; but,

as he understood it, they must, of consequence, be progressive.

For instance, an article is brought into New-York, value there

100 dollars. Twenty per cent. on that would raise the value

of the article to one hundred and twenty dollars, on which

value a duty of twenty per cent. would be assessed at the next

importation, and so on. It would, therefore, be impossible to

say to what extent the duties would run up. He regretted the

more that the senator from Kentucky had felt it his duty to

offer this amendment, as he was willing to leave the matter to

the decision of a future Congress, though he did not see how

they could get over the insuperable constitutional objections he

had glanced at. Mr. C. appealed to the senator from Kentucky,

whether, with these views, he would press his amendment, when he

had eight or nine years in advance before it could take effect.

He understood the argument of the senator from Kentucky to be an

admission that the amendment was not now absolutely necessary.

With respect to the apprehension of frauds on the revenue, Mr.

C. said that every future Congress would have the strongest

disposition to guard against them. The very reduction of duties,

he said, would have that effect; it would strike at the root of

the evil. Mr. C. said he agreed with the senator from Kentucky,

that this bill will be the final effort at conciliation and

compromise; and he, for one, was not disposed, if it passed, to

violate it by future legislation.

"Mr. Clayton said that he could not vote for this bill without

this amendment, nor would he admit any idea of an abandonment

of the protective system; while he was willing to pass this

measure, as one of concession from the stronger to the weaker

party, he never could agree that twenty per cent. was adequate

protection to our domestic manufactures. He had been anxious to

do something to relieve South Carolina from her present perilous

position; though he had never been driven by the taunts of

Southern gentlemen to do that, which he now did, for the sake

of conciliation. I vote for this bill, said Mr. C., only on the

ground that it may save South Carolina from herself.

"Here Mr. C. yielded the floor to Mr. Calhoun, who said he hoped

the gentleman would not touch that question. He entreated him

to believe that South Carolina had no fears for herself. The

noble and disinterested attitude she had assumed was intended

for the whole nation, while it was also calculated to relieve

herself, as well as them, from oppressive legislation. It was

not for them to consider the condition of South Carolina only,

in passing on a measure of this importance.

"Mr. Clayton resumed. Sir, said he, I must be permitted to

explain, in my own way, the reasons which will govern me

in the vote I am about to give. As I said before, I never

have permitted the fears of losing the protective system, as

expressed by the senator from Georgia, when he taunted us with

the majority that they would have in the next Congress, when

they would get a better bill, to influence my opinion upon this

occasion. That we have been driven by our fears into this act of

concession, I will not admit. Sir, I tell gentlemen that they

may never get such another offer as the present; for, though

they may think otherwise, I do not believe that the people of

this country will ever be brought to consent to the abandonment

of the protective system.

"Does any man believe that fifty per cent. is an adequate

protection on woollens? No, sir; the protection is brought

down to twenty per cent.; and when gentlemen come to me and

say that this is a compromise, I answer, with my friend from

Maine, that I will not vote for it, unless you will give me

the fair twenty per cent.; and this cannot be done without

adopting the principle of a home valuation. I do not vote for

this bill because I think it better than the tariff of 1832, nor

because I fear nullification or secession; but from a motive of

concession, yielding my own opinions. But if Southern gentlemen

will not accept this measure in the spirit for which it was

tendered, I have no reason to vote for it. I voted, said Mr.

C., against the bill of '32, for the very reason that Southern

gentlemen declared that it was no concession; and I may vote

against this for the same reasons. I thought it bad policy to

pass the bill of '32. I thought it a bad bargain, and I think so

now. I have no fear of nullification or secession; I am not to

be intimidated by threats of Southern gentlemen, that they will

get a better bill at the next session. "Rebellion made young

Harry Percy's spurs grow cold." I will vote for this measure as

one of conciliation and compromise; but if the clause of the

senator from Kentucky is not inserted, I shall be compelled to

vote against it. The protective system never can be abandoned;

and I, for one, will not now, or at any time, admit the idea.

"Mr. Dallas was opposed to the proposition from the committee,

and agreed with Mr. Calhoun. He would state briefly his

objection to the proposition of the committee. Although he

was from a State strongly disposed to maintain the protective

policy, he labored under an impression, that if any thing could

be done to conciliate the Southern States, it was his duty to go

for a measure for that purpose; but he should not go beyond it.

He could do nothing in this way, as representing his particular

district of the country, but only for the general good. He

could not agree to incorporate in the bill any principle which

he thought erroneous or improper. He would sanction nothing in

the bill as an abandonment of the principle of protection. Mr.

D. then made a few remarks on home and foreign valuation, to

show the ground of his objections to the amendment of Mr. Clay,

though it did not prevent his strong desire to compromise and

conciliation.

"Mr. Clay thought it was premature to agitate now the details

of a legislation which might take place nine years hence. The

senator from South Carolina had objected to the amendment on

constitutional grounds. He thought he could satisfy him, and

every senator, that there was no objection from the constitution.

"He asked if it was probable that a valuation in Liverpool

could escape a constitutional objection, if a home valuation

were unconstitutional? There was a distinction in the foreign

value, and in the thing valued. An invoice might be made of

articles at one price in one port of England, and in another

port at another price. The price, too, must vary with the time.

But all this could not affect the rule. There was a distinction

which gentlemen did not observe, between the value and the

rule of valuation; one of these might vary, while the other

continued always the same. The rule was uniform with regard to

direct taxation; yet the value of houses and lands of the same

quality are very different in different places. One mode of home

valuation was, to give the government, or its officers, the

right to make the valuation after the one which the importer had

given. It would prevent fraud, and the rule would not violate

the constitution. It was an error that it was unconstitutional;

the constitution said nothing about it. It was absurd that

all values must be established in foreign countries; no other

country on earth should assume the right of judging. Objections

had been made to leaving the business of valuation in the hands

of a few executive officers; but the objections were at least

equally great to leaving it in the hands of foreigners. He

thought there was nothing in the constitutional objection, and

hoped the measure would not be embarrassed by such objections.

"Mr. Calhoun said that he listened with great care to the

remarks of the gentleman from Kentucky, and other gentlemen, who

had advocated the same side, in hopes of having his objection

to the mode of valuation proposed in the amendment removed; but

he must say, that the difficulties he first expressed still

remained. Passing over what seemed to him to be a constitutional

objection, he would direct his observation to what appeared

to him to be its unequal operation. If by the home valuation

be meant the foreign price, with the addition of freight,

insurance, and other expenses at the port of destination, it is

manifest that as these are unequal between the several ports

in the Union--for instance, between the ports New-York and New

Orleans--the duty must also be unequal in the same degree, if

laid on value thus estimated. But if, by the home valuation be

meant the prices current at the place of importation, then,

in addition to the inequality already stated, there would

have to be added the additional inequality resulting from the

different rates of profits, and other circumstances, which must

necessarily render prices very unequal in the several ports of

this widely-extended country. There would, in the same view,

be another and a stronger objection, which he alluded to in

his former remarks, which remained unanswered--that the duties

themselves constitute part of the elements of the current prices

of the imported articles; and that, to impose a duty on a

valuation ascertained by the current prices, would be to impose,

in reality, a duty upon a duty, and must necessarily produce

that increased progression in duties, which he had already

attempted to illustrate.

"He knew it had been stated, in reply, that a system which

would produce such absurd results could not be contemplated;

that Congress, under the power of regulating, reserved in

the amendment, would adopt some mode that would obviate

these objections; and, if none such could be devised, that

the provisions of the amendment would be simply useless. His

difficulty was not removed by the answer to the objection. He

was at a loss to understand what mode could be devised free

from objection; and, as he wished to be candid and explicit,

he felt the difficulty, as an honest man, to assent to a

general measure, which, in all the modifications under which

he had viewed it, was objectionable. He again repeated, that

he regretted the amendment had been offered, as he felt a

solicitude that the present controversy should be honorably and

fairly terminated. It was not his wish that there should be a

feeling of victory on either side. But, in thus expressing his

solicitude for an adjustment, he was not governed by motives

derived from the attitude which South Carolina occupied, and

which the senator from Delaware stated to influence him. He

wished that senator, as well as all others, to understand that

that gallant and patriotic State was far from considering her

situation as one requiring sympathy, and was equally far from

desiring that any adjustment of this question should take place

with the view of relieving her, or with any other motive than

a regard to the general interests of the country. So far from

requiring commiseration, she regarded her position with very

opposite light, as one of high responsibility, and exposing her

to no inconsiderable danger; but a position voluntarily and

firmly assumed, with a full view of consequences, and which she

was determined to maintain till the oppression under which she

and the other Southern States were suffering was removed.

"In wishing, then, to see a termination to the present state of

things, he turned not his eyes to South Carolina, but to the

general interests of the country. He did not believe it was

possible to maintain our institutions and our liberty, under

the continuance of the controversy which had for so long a time

distracted us, and brought into conflict the two great sections

of the country. He was in the last stage of madness who did not

see, if not terminated, that this admirable system of ours,

reared by the wisdom and virtue of our ancestors--virtue, he

feared, which had fled forever--would fall under its shocks. It

was to arrest this catastrophe, if possible, by restoring peace

and harmony to the Union, that governed him in desiring to see

an adjustment of the question.

"Mr. Clayton said, this point had been discussed in the

committee; and it was because this amendment was not adopted

that he had withheld his assent from the bill. They had now

but seven business days of this session remaining; and it

would require the greatest unanimity, both in that body and

in the other House, to pass any bill on this subject. Were

gentlemen coming from the opposite extremes of the Union, and

representing opposite interests, to agree to combine together,

there would hardly be time to pass this bill into a law; yet if

he saw that it could be done, he would gladly go on with the

consideration of the bill, and with the determination to do all

that could be done. The honorable member from South Carolina had

found insuperable obstacles where he (Mr. C.) had found none. On

their part, if they agreed to this bill, it would only be for

the sake of conciliation; if South Carolina would not accept the

measure in that light, then their motive for arrangement was

at an end. He (Mr. C.) apprehended, however, that good might

result from bringing the proposition forward at that time. It

would be placed before the view of the people, who would have

time to reflect and make up their minds upon it against the

meeting of the next Congress. He did not hold any man as pledged

by their action at this time. If the arrangement was found to

be a proper one, the next Congress might adopt it. But, for

the reasons he had already stated, he had little hope that any

bill would be passed at this session; and, to go on debating

it, day after day, would only have the effect of defeating the

many private bills and other business which were waiting the

action of Congress. He would therefore propose to lay the bill

for the present on the table; if it were found, at a future

period, before the expiration of the session, that there was

a prospect of overcoming the difficulties which now presented

themselves, and of acting upon it, the bill might be again taken

up. If no other gentleman wished to make any observations on the

amendment, he would move to lay the bill on the table.

"Mr. Bibb requested the senator from Delaware to withdraw

his motion, whilst he (Mr. B.) offered an amendment to the

amendment, having for its object to get rid of that interminable

series of duties of which gentlemen had spoken.

"Mr. Clayton withdrew his motion.

"Mr. Bibb proceeded to say, that his design was to obviate the

objection of the great increase that would arise from a system

of home valuation. He hoped that something satisfactory would

be done this session yet. He should vote for every respectable

proposition calculated to settle the difficulty. He hoped there

would be corresponding concessions on both sides; he wished much

for the harmony of the country. It was well known that he (Mr.

B.) was opposed to any tariff system other than one for revenue,

and such incidental protection as that might afford. His hope

was to strike out a middle course; otherwise, he would concur in

the motion that had been made by the senator from Delaware [Mr.

Clayton]. Mr. B. then submitted his amendment, to insert the

words 'before payment of,' &c.

"Mr. Clay was opposed to the amendment, and he hoped his worthy

colleague would withdraw it. If one amendment were offered and

debated, another, and another would follow; and thus, the

remaining time would be wasted. To fix any precise system would

be extremely difficult at present. He only wished the principle

to be adopted.

"Mr. Bibb acceded to the wish of the senator from Kentucky, and

withdrew his amendment accordingly.

"Mr. Tyler was opposed to the principle of this home valuation.

The duties would be taken into consideration in making the

valuations; and thus, after going down hill for nine and a half

years, we would as suddenly rise up again to prohibition. He

complained that there were not merchants enough on this floor

from the South; and, in this respect, the Northern States had

the advantage. But satisfy me, said Mr. T., that the views of

the senator from South Carolina [Mr. Calhoun] are not correct,

and I shall vote for the proposition.

"Mr. Moore said he would move an amendment which he hoped would

meet the views of the gentlemen on the other side; it was to

this effect:

"_Provided_, That no valuation be adopted that will operate

unequally in different ports of the United States.

"Mr. Calhoun also wished that the amendment would prevail,

though he felt it would be ineffectual to counteract the

inequality of the system. But he would raise no cavilling

objections; he wished to act in perfect good faith; and he only

wished to see what could be done.

"Mr. Moore said he had but two motives in offering the amendment

to the amendment of the senator. The first was, to get rid of

the constitutional objections to the amendment of the senator

from Kentucky; and the second was, to do justice to those he

had the honor to represent. The honorable gentleman said that

Mobile and New Orleans would not pay higher duties, because the

goods imported there would be of more value; and this was the

very reason, Mr. M. contended, why the duties would be higher.

Did not every one see that if the same article was valued in

New-York at one hundred dollars, and in Mobile at one hundred

and thirty-five dollars, the duty of twenty per cent. would be

higher at the latter place? He had nothing but the spirit of

compromise in view, and hoped gentlemen would meet him in the

same spirit. He would now propose, with the permission of the

senator from Maine, to vary his motion, and offer a substitute

in exact conformity with the language of the constitution.

This proposition being admitted by general consent, Mr. Moore

modified his amendment accordingly. (It was an affirmation of

the constitution, that all duties should be uniform, &c).

"Mr. Forsyth supported the amendment of the senator from

Alabama, and hoped it would meet the approbation of the Senate.

It would get rid of all difficulty about words. No one, he

presumed, wished to violate the constitution; and if the

measure of the senator from Kentucky was consistent with the

constitution, it would prevail; if not, it would not be adopted.

"Mr. Holmes moved an adjournment.

"Mr. Moore asked for the yeas and nays on the motion to adjourn,

and they were accordingly ordered, when the question was taken

and decided in the affirmative--Yeas 22, nays 19, as follows:

"YEAS.--Messrs. Bell, Clayton, Dallas, Dickerson, Ewing,

Foot, Frelinghuysen, Holmes, Johnston, Kane, Knight, Naudain,

Prentiss, Robbins, Robinson, Silsbee, Smith, Tipton, Tomlinson,

Waggaman, Webster, Wilkins.--22.

"NAYS.--Messrs. Bibb, Black, Buckner, Calhoun, Clay, Dudley,

Grundy, Hendricks, Hill, King, Miller, Moore, Poindexter,

Sprague, Rives, Troup, Tyler, White, Wright.--19.

"The Senate then, at half-past four o'clock, adjourned.

"_Friday, February 22._

"Mr. Smith (of Md.) said, the motion to amend by the word

'uniform' was unnecessary. That was provided for by the

constitution. 'All duties must be uniform.' An addition to

the cost of goods of forty, fifty, or sixty per cent. would

be uniform, but would not prevent fraud, nor the certainty of

great inequality in the valuation in the several ports. The

value of goods at New Orleans particularly, and at almost every

other port, will be higher than at New-York. I have not said

that such mode was unconstitutional, nor have I said that it

was impracticable; few things are so. But I have said, and do

now say, that the mode is open to fraud, and more so than the

present. At present the merchant enters his goods, and swears

to the truth of his invoice. One package in every five or ten

is sent to the public warehouse, and there carefully examined

by two appraisers on oath. If they find fraud, or suspect

fraud, then all the goods belonging to such merchants are sent

to the appraisers; and if frauds be discovered, the goods are

forfeited. No American merchant has ever been convicted of such

fraud. Foreigners have even been severely punished by loss of

their property. The laws are good and sufficiently safe as

they now stand on our statutes. I wish no stronger; we know

the one, we are ignorant how the other will work. Such a mode

of valuation is unknown to any nation except Spain, where the

valuation is arbitrary; and the goods are valued agreeably to

the amount of the bribe given. This is perfectly understood and

practised. It is in the nature of such mode of valuation to

be arbitrary. No rule can be established that will make such

mode uniform throughout the Union, and some of the small ports

will value low to bring business to their towns. A scene of

connivance and injustice will take place that no law can prevent.

"The merchant will be put to great inconvenience by the mode

proposed. All his goods must be sent to the public warehouses,

and there opened piece by piece; by which process they will

sustain essential injury. The goods will be detained from the

owners for a week or a month, or still more, unless you have one

or two hundred appraisers in New-York, and proportionately in

other ports; thus increasing patronage; and with such a host,

can we expect either uniformity or equality in the valuation?

All will not be honest, and the Spanish mode will be adopted.

One set of appraisers, who value low, will have a priority. In

fact, if this mode should ever be adopted, it will cause great

discontent, and must soon be changed. As all understand the

cause to be to flatter the manufacturers with a plan which they

think will be beneficial to them, but which, we all know, can

never be realized, it is deception on its face, as is almost the

whole of the bill now under our consideration.

"Remember, Mr. President, that the senators from Kentucky and

South Carolina [Mr. Clay and Mr. Calhoun], have declared this

bill (if it should become a law), to be permanent, and that no

honorable man who shall vote for it can ever attempt a change;

yet, sir, the pressure against it will be such at the next

session that Congress will be compelled to revise it; and as the

storm may then have passed over Congress, a new Congress, with

better feelings, will be able to act with more deliberation, and

may pass a law that will be generally approved. Nearly all agree

that this bill is a bad bill. A similar opinion prevailed on the

passage of the tariff of 1828, and yet it passed, and caused

all our present danger and difficulties. All admit that the act

of 1828, as it stands on our statutes, is constitutional. But

the senator [Mr. Calhoun] has said that it is unconstitutional,

because of the motive under which it passed; and he said that

that motive was protection to the manufacturers. How, sir, I

ask, are we to know the motives of men? I thought then, and

think now, that the approaching election for President tended

greatly to the enactments of the acts of 1824 and 1828; many

of my friends thought so at the time. I have somewhere read

of the minister of a king or emperor in Asia, who was anxious

to be considered a man of truth, and always boasted of his

veracity. He hypocritically prayed to God that he might always

speak the truth. A genii appeared and told him that his prayer

had been heard, touched him with his spear, and said, hereafter

you will speak truth on all occasions. The next day he waited

on his majesty and said, Sire, I intended to have assassinated

you yesterday, but was prevented by the nod of the officer

behind you, who is to kill you to-morrow. The result I will not

mention. Now, Mr. President, if the same genii was to touch with

his spear each of the senators who voted for the act of 1828,

and an interrogator was appointed, he would ask, what induced

you to give that vote? Why sir, I acted on sound principles. I

believe it is the duty of every good government to promote the

manufactures of the nation; all historians eulogize the kings

who have done so, and censure those kings who have neglected

them. I refer you to the history of Alfred. It is known that

the staple of England was wool, which was sent to Flanders

to be exchanged for cloths. The civil wars, by the invasions

of that nation, kept them long dependent on the Flemings for

the cloths they wore. At length a good king governed; and he

invited Flemish manufacturers to England, and gave them great

privileges. They taught the youth of England, the manufacture

succeeded, and now England supplies all the world with woollen

cloth. The interrogator asked another the same question. His

answer might have been, that he thought the passing of the law

would secure the votes of the manufacturers in favor of his

friend who wanted to be the President. Another answer might

have been, a large duty was imposed on an article which my

constituents raised; and I voted for it, although I disliked

all the residue of the bill. Sir, the motives, no doubt, were

different that induced the voting for that bill, and were, as we

all know, not confined to the protective system. Many voted on

political grounds, as many will on this bill, and as they did on

the enforcing bill. We cannot declare a bill unconstitutional,

because of the motives that may govern the voters. It is idle

to assign such a cause for the part that is now acting in South

Carolina. I know, Mr. President, that no argument will have any

effect on the passage of this bill. The high contracting parties

have agreed. But I owed it to myself to make these remarks.

"Mr. Webster said, that he held the home valuation to be, to

any extent, impracticable; and that it was unprecedented, and

unknown in any legislation. Both the home and foreign valuation

ought to be excluded as far as possible, and specific duties

should be resorted to. This keeping out of view specific duties,

and turning us back to the principle of a valuation was, in

his view, the great vice of this bill. In England five out of

six, or nine out of ten articles, pay specific duties, and the

valuation is on the remnant. Among the articles which pay _ad

valorem_ duties in England are silk goods, which are imported

either from India, whence they are brought to one port only;

or from Europe, in which case there is a specific and an _ad

valorem_ duty; and the officer has the option to take either

the one or the other. He suggested that the Senate, before they

adopted the _ad valorem_ principle, should look to the effects

on the importation of the country.

"He took a view of the iron trade, to show that evil would

result to that branch from a substitution of the _ad valorem_

for the specific system of duties. He admitted himself to

be unable to comprehend the elements of a home valuation,

and mentioned cases where it would be impossible to find an

accurate standard of valuation of this character. The plan was

impracticable and illusory.

"Mr. Clayton said, I would go for this bill only for the sake

of concession. The senator from South Carolina can tell whether

it is likely to be received as such, and to attain the object

proposed; if not, I have a plain course to pursue; I am opposed

to the bill. Unless I can obtain for the manufacturers the

assurance that the principle of the bill will not be disturbed,

and that it will be received in the light of a concession, I

shall oppose it.

"Mr. Benton objected to the home valuation, as tending to a

violation of the constitution of the United States, and cited

the following clause: 'Congress shall have power to lay and

collect taxes, duties, imposts, and excises; but all duties,

imposts, and excises shall be uniform throughout the United

States.' All uniformity of duties and imposts, he contended,

would be destroyed by this amendment. No human judgment could

fix the value of the same goods at the same rate, in all the

various ports of the United States. If the same individual

valued the goods in every port, and every cargo in every

port, he would commit innumerable errors and mistakes in the

valuation; and, according to the diversity of these errors and

mistakes, would be the diversity in the amount of duties and

imposts laid and collected in the different ports.

"Mr. B. objected to the home valuation, because it would be

injurious and almost fatal to the southern ports. He confined

his remarks to New Orleans. The standard of valuation would

be fifteen or twenty per cent. higher in New Orleans than in

New-York, and other northern ports. All importers will go to

the northeastern cities, to evade high duties at New Orleans;

and that great emporium of the West will be doomed to sink

into a mere exporting city, while all the money which it pays

for exports must be carried off and expended elsewhere for

imports. Without an import trade, no city can flourish, or even

furnish a good market for exports. It will be drained of its

effective cash, and deprived of its legitimate gains, and must

languish far in the rear of what it would be, if enriched with

the profits of an import trade. As an exporter, it will buy;

as an importer, it will sell. All buying, and no selling, must

impoverish cities as well as individuals. New Orleans is now

a great exporting city; she exports more domestic productions

than any city in the Union; her imports have been increasing,

for some years; and, with fair play, would soon become next to

New-York, and furnish the whole valley of the Mississippi with

its immense supplies of foreign goods; but, under the influence

of a home valuation, it must lose a greater part of the import

trade which it now possesses. In that loss, its wealth must

decline; its capacity to purchase produce for exportation must

decline; and as the western produce must go there, at all

events, every western farmer will suffer a decline in the value

of his own productions, in proportion to the decline of the

ability of New Orleans to purchase it. It was as a western

citizen that he pleaded the cause of New Orleans, and objected

to this measure of home valuation, which was to have the most

baneful effect upon her prosperity.

"Mr. B. further objected to the home valuation, on account of

the great additional expense it would create; the amount of

patronage it would confer; the rivalry it would beget between

importing cities; and the injury it would occasion to merchants,

from the detention and handling of their goods; and concluded

with saying, that the home valuation was the most obnoxious

feature ever introduced into the tariff acts; that it was

itself equivalent to a separate tariff of ten per cent.; that

it had always been resisted, and successfully resisted, by the

anti-tariff interest, in the highest and most palmy days of the

American system, and ought not now to be introduced when that

system is admitted to be nodding to its fall; when its death

is actually fixed to the 30th day of June, 1842, and when the

restoration of harmonious feelings is proclaimed to be the whole

object of this bill.

"Mr. B. said this was a strange principle to bring into a

bill to reduce duties. It was an increase, in a new form--an

indefinable form--and would be tax upon tax, as the whole

cost of getting the goods ready for a market valuation here,

would have to be included: original cost, freight, insurance,

commissions, duties here. It was new protection, in a new

form, and in an extraordinary form, and such as never could be

carried before. It had often been attempted, as as a part of the

American system, but never received countenance before.

"Mr. Calhoun rose and said:

"As the question is now about to be put on the amendment offered

by the senator from Kentucky, it became necessary for him to

determine whether he should vote for or against it. He must

be permitted again to express his regret that the senator had

thought proper to move it. His objection still remained strong

against it; but, as it seemed to be admitted, on all hands, that

the fate of the bill depended on the fate of the amendment,

feeling, as he did, a solicitude to see the question terminated,

he had made up his mind, not, however, without much hesitation,

not to interpose his vote against the adoption of the amendment;

but, in voting for it, he wished to be distinctly understood,

he did it upon two conditions: first, that no valuation would

be adopted that should come in conflict with the provision

in the constitution which declares that duties, excises, and

imposts shall be uniform; and, in the next place, that none

would be adopted which would make the duties themselves a part

of the element of a home valuation. He felt himself justified

in concluding that none such would be adopted; as it had been

declared by the supporters of the amendment, that no such

regulation was contemplated; and, in fact, he could not imagine

that any such could be contemplated, whatever interpretation

might be attempted hereafter to be given to the expression

of the home market. The first could scarcely be contemplated,

as it would be in violation of the constitution itself; nor

the latter, as it would, by necessary consequence, restore the

very duties, which it was the object of this bill to reduce,

and would involve the glaring absurdity of imposing duties on

duties, taxes on taxes. He wished the reporters for the public

press to notice particularly what he said, as he intended his

declaration to be part of the proceedings.

"Believing, then, for the reasons which he had stated, that it

was not contemplated that any regulation of the home valuation

should come in conflict with the provisions of the constitution

which he had cited, nor involve the absurdity of laying taxes

upon taxes, he had made up his mind to vote in favor of the

amendment.

"Mr. Smith said, any declaration of the views and motives,

under which any individual senator might now vote, could have

no influence, in 1842; they would be forgotten long before that

time had arrived. The law must rest upon the interpretation of

its words alone.

"Mr. Calhoun said he could not help that; he should endeavor to

do his duty.

"Mr. Clayton said there was certainly no ambiguity whatever

in the phraseology of the amendment. In advocating it, he had

desired to deceive no man; he sincerely hoped no one would

suffer himself to be deceived by it.

"Mr. Wilkins said, if it had been his intention to have voted

against the amendment, he should have remained silent; but,

after the explicit declaration of the honorable gentleman from

South Carolina [Mr. Calhoun] of the reason of his vote, and

believing, himself, that the amendment would have a different

construction from that given it by the gentleman, he [Mr. W.]

would as expressly state, that he would vote on the question,

with the impression that it would not hereafter be expounded by

the declaration of any senator on this floor, but by the plain

meaning of the words in the text.

"The amendment of Mr. Clay, fixing the principle of home

valuation as a part of the bill, was then adopted, by the

following vote:

"YEAS.--Messrs. Bell, Black, Bibb, Calhoun, Chambers, Clay,

Clayton, Ewing, Foot, Frelinghuysen, Hill, Holmes, Johnson,

King, Knight, Miller, Moore, Naudain, Poindexter, Prentiss,

Rives, Robbins, Sprague, Tomlinson, Tyler, Wilkins.--26.

"NAYS.--Messrs. Benton, Buckner, Dallas, Dickerson, Dudley,

Forsyth, Grundy, Kane, Robinson, Seymour, Silsbee, Smith,

Waggaman, Webster, White, Wright.--16."

And thus a new principle of protection, never before engrafted

on the American system, and to get at which the constitution had

to be violated in the article of the uniformity of duties, was

established! and established by the aid of those who declared all

protection to be unconstitutional, and just cause for the secession

of a State from the Union! and were then acting on that assumption.

Thirty Years' View (Vol. 1 of 2) or, A History of the Working of the American Government for Thirty Years, from 1820 to 1850 · 第 82 / 166 章