CHAPTER LIII.

REFINED SUGAR AND RUM DRAWBACKS: THEIR ABUSE UNDER THE

COMPROMISE ACT OF 1833: MR. BENTON'S SPEECH.

Mr. Benton rose to make the motion for which he had given notice on

Friday last, for leave to bring in a bill to reduce the drawbacks

allowed on the exportation of rum and refined sugars; and the

bounties and allowances to fishing vessels, in proportion to the

reduction which had been made, and should be made, in the duties

upon imported sugars, molasses and salt, upon which these bounties

and allowances were respectively granted.

Mr. B. said that the bill, for the bringing in of which he was about

to ask leave, proposed some material alteration in the act of 1833,

for the modification of the tariff, commonly called the compromise

act; and as that act was held by its friends to be sacred and

inviolable, and entitled to run its course untouched and unaltered,

it became his duty to justify his bill in advance; to give reasons

for it before he ventured to submit the question of leave for its

introduction; and to show, beforehand, that here was great and just

cause for the measure he proposed.

Mr. B. said it would be recollected, by those who were contemporary

with the event, and might be seen by all who should now look into

our legislative history of that day, that he was thoroughly opposed

to the passage of the act of 1833; that he preferred waiting the

progress of Mr. Verplanck's bill; that he opposed the compromise

act, from beginning to end; made speeches against it, which were

not answered; uttered predictions of it, which were disregarded;

proposed amendments to it, which were rejected; showed it to be an

adjournment, not a settlement, of the tariff question; and voted

against it, on its final passage, in a respectable minority of

eighteen. It was not his intention at this time to recapitulate all

the objections which he then made to the act; but to confine himself

to two of those objections, and to those two of them, the truth and

evils of which TIME had developed; and for which evils the public

good demands an immediate remedy to be applied. He spoke of the

drawbacks and allowances founded upon duties, which duties were to

undergo periodical reductions, while the drawbacks and allowances

remained undiminished; and of the vague and arbitrary tenor of the

act, which rendered it incapable of any regular, uniform, or safe

execution. He should confine himself to these two objections; and

proceed to examine them in the order in which they were mentioned.

At page 208 of the Senate journal, session of 1832-33, is seen this

motion: "Moved by Mr. Benton to add to the bill a section in the

following words: '_That all drawbacks allowed on the exportation of

articles manufactured in the United States from materials imported

from foreign countries, and subject to duty, shall be reduced in

proportion to the reduction of duties provided for in this act._'"

The particular application of this clause, as explained and enforced

at the time, was to sugar and molasses, and the refined sugar, and

the rum manufactured from them.

As the laws then stood, and according to the principle of all

drawbacks, the exporters of these refined sugars and rum were

allowed to draw back from the Treasury precisely as much money as

had been paid into the Treasury on the importation of the article

out of which the exported article was manufactured. This was the

principle, and this was the law; and so rigidly was this insisted

upon by the manufacturing and exporting interest, that only four

years before the compromise act, namely, in 1829, the drawback on

refined sugars exported was raised from four to five cents a pound

upon the motion of General Smith, a then senator from Maryland; and

this upon an argument and a calculation made by him to show that the

quantity of raw sugar contained in every pound of refined sugar,

had, in reality, paid five instead of four cents duty. My motion

appeared to me self-evidently just, as the new act, in abolishing

all specific duties, and reducing every thing to an ad valorem duty

of twenty per centum, would reduce the duties on sugar and molasses

eventually to the one-third or the one-fourth of their then amount;

and, unless the drawback should be proportionately reduced, the

exporter of refined sugars and rum, instead of drawing back the

exact amount he had paid into the Treasury, would in reality draw

back three or four times as much as had been paid in. This would be

unjust in itself; and, besides being unjust, would involve a breach

of the constitution, for, so much of the drawback as was not founded

upon the duty, would be a naked bounty paid for nothing out of the

Treasury. I expected my motion to be adopted by a unanimous vote; on

the contrary, it was rejected by a vote of 24 to 18;[2] and I had

to leave it to Time, that slow, but sure witness, to develope the

evils which my arguments had been unable to show, and to enforce

the remedies which the vote of the Senate had rejected. That

witness has come. Time, with his unerring testimony, has arrived.

The act of 1833 has run the greater part of its course, without

having reached its ultimate depression of duties, or developed its

greatest mischiefs; but it has gone far enough to show that it has

done immense injury to the Treasury, and must continue to do it if

a remedy is not applied. Always indifferent to my rhetoric, and

careful of my facts--always leaving oratory behind, and laboring

to establish a battery of facts in front--I have applied at the

fountain head of information--the Treasury Department--for all the

statistics connected with the subject; and the successive reports

which had been received from that department, on the salt duties and

the fishing bounties and allowances, and on the sugar and molasses

duties, and the drawbacks on exported rum and refined sugar, and

which had been printed by the order of the Senate, had supplied the

information which constituted the body of facts which must carry

conviction to the mind of every hearer.

[2] The following was the vote:

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

Forsyth, Johnston, Kane, King, Rives, Robinson, Seymour, Tomlinson,

Webster, White, Wilkins, and 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.

Mr. B. said he would take up the sugar duties first, and show what

had been the operation of the act of 1833, in relation to the

revenue from that article, and the drawbacks founded upon it. In

document No. 275, laid upon our tables on Friday last, we find four

tables in relation to this point, and a letter from the Register of

the Treasury, Mr. T. L. Smith, describing their contents.

These tables are all valuable. The whole of the information

which they contain is useful, and is applicable to the business

of legislation, and goes to enlighten us on the subject under

consideration; but it is not in my power, continued Mr. B., to quote

them in detail. Results and prominent facts only can be selected;

and, proceeding on this plan, I here show to the Senate, from table

No. 1, that as early as the year 1837--being only four years after

the compromise act--the drawback paid on the exportation of refined

sugar actually exceeded the amount of revenue derived from imported

sugar, by the sum of $861 71. As the duties continued to diminish,

and the drawback remained the same, this excess was increased in

1838 to $12,690; and in 1839 it was increased to $20,154 37. Thus

far the results are mathematical; they are copied from the Treasury

books; they show the actual operation of the compromise act on this

article, down to the end of the last year. These are facts to pause

at, and think upon. They imply that the sugar refiners manufactured

more sugar than was imported into the United States for each of

these three years--that they not only manufactured, but exported,

in a refined state, more than was imported into the United States,

about 400,000 lbs. more the last of these years--that they paid

duty on these quantities, not leaving a pound of imported sugar

to have been used or duty paid on it by any other person--and not

leaving a pound of their own refined sugar to be used in the United

States. In other words, the whole amount of the revenue from brown

and clayed sugars was paid over to 29 sugar refiners from 1837: and

not only the whole amount, but the respective sums of $861 71, and

$12,690, and $20,154 37, in that and the two succeeding years, over

and above that amount. This is what the table shows as far as the

act has gone; and as we know that the refiners only consumed a small

part of the sugar imported, and only exported a part of what they

refined, and consequently only paid duty on a small part, it stands

to reason that a most enormous abuse has been committed--the fault

of the law allowing them to "draw back" out of the Treasury what

they had never put into it.

The table then goes on to show the prospective operation of the

act for the remainder of the time which it has to run, and which

will include the great reductions of duty which are to take place

in 1841 and 1842; and here the results become still more striking.

Assuming the importation of each succeeding year to be the same that

it was in 1839, and the excess of the drawback over the duties will

be, for 1840, $37,343 38; for 1841, the same; for 1842, $114,693

94; and for 1843, the sum of $140,477 45. That is to say, these

refiners will receive the whole of the revenue from the sugar tax,

and these amounts in addition, for these four years; when they would

not be entitled, under an honest law, to more than the one fortieth

part of the revenue--which, in fact, is more than they received

while the law was honest. These will be the bounties payable out

of the Treasury in the present, and in the three succeeding years,

provided the importation of sugars shall be the same that it was

in 1839; but will it be the same? To this question, both reason

and experience answer in the negative. They both reply that the

importation will increase in proportion to the increased profit

which the increasing difference between the duty and the drawback

will afford; and this reply is proved by the two first columns in

the table under consideration. These columns show that, under the

encouragement to importation already afforded by the compromise

act, the import of sugar increased in six years from 1,558,971

pounds, costing $72,336, to 11,308,561 pounds, costing $554,119.

Here was an enormous increase under a small inducement compared to

that which is to follow; so that we have reason to conclude that

the importations of the present and ensuing years, unless checked

by the passage of the bill which I propose to bring in, will not

only increase in the ratio of the past years, but far beyond it;

and will in reality be limited only by the capacity of the world to

supply the demand: so great will be the inducement to import raw

or clayed sugars, and export refined. The effect upon our Treasury

must be great. Several hundred thousand dollars per annum must be

taken from it for nothing; the whole extracted from the Secretary of

the Treasury in hard money; his reports having shown us that, while

paper money, and even depreciated paper, is systematically pressed

upon the government in payment of duties, nothing but gold and

silver will be received back in payment of drawbacks. But it is not

the Treasury only that would suffer: the consumers of sugar would

come in for their share of the burden: the drawback will keep up the

price; and the home consumer must pay the drawback as well as the

government; otherwise the refined sugar will seek a foreign market.

The consumers of brown sugar will suffer in the same manner; for

the manufacturers will monopolize it, and refine it, and have their

five cents drawback, either at home or abroad. Add to all this,

it will be well if enterprising dealers shall not impose domestic

sugars upon the manufacturers, and thus convert the home crop into

an article entitled to drawback.

Such are the mischiefs of the act of 1833 in relation to this

article; they are great already, and still greater are yet to

come. As early as 1837, the whole amount of the sugar revenue, and

$861,71 besides, was delivered over to some twenty odd manufacturers

of refined sugars! At this day, the whole amount of that revenue

goes to these few individuals, and $37,343,38 besides. This is the

case this year. Henceforth they are to receive the whole amount of

this revenue, with some hundreds of thousands of dollars besides,

to be drawn from other branches of revenue, unless this bill is

passed which I propose to bring in. This is the effect of the act,

dignified with the name of compromise, and hallowed by the imputed

character of sacred and inviolable! It turns over a tax levied from

seventeen millions of people on an article of essential comfort,

and almost a necessary; it turns over this whole tax to a few

individuals; and that not being enough to satisfy their demand,

they receive the remainder from the National Treasury! It violates

the constitution to the whole extent of the excess of the drawback

over the duty. It subjects the Treasury to an unforeseen amount of

undue demands. It deprives the people of the whole benefit of the

reduction of the sugar tax, provided for by the act itself; and

subjects them to the mercies of those who may choose to monopolize

the article for refinement and exportation. The whole number of

persons into whose hands all this money and power is thrown, is,

according to a statement derived from Gov. Wolf, the late collector

of the customs at Philadelphia, no more than own the 29 sugar

refineries; the whole of which, omitting some small ones in the

West, and three in New Orleans, are situate on the north side of

Mason and Dixon's line. Members from the South and West complain

of the unequal working of our revenue system--of the large amounts

expended in the northeast--the trifle expended South and West.

But, why complain? Their own improvident and negligent legislation

makes it so. This bill alone, in only one of its items--the sugar

item--will send millions, before 1842, to the north side of that

famous line: and this bill was the concoction, and that out of

doors, of one member from the South and one more from the West.

Mr. Benton would proceed to the next article to the effect upon

which, of the compromise act, he would wish to call their attention;

and that article was imported molasses, and its manufacture, in

the shape of exported rum. On this article, and its manufacture,

the operation of the act was of the same character, though not to

the same degree, that it was on sugars; the duties were reduced,

while the drawback remained the same. This was constantly giving

drawback where no duty had been paid; and in 1842 the whole of the

molasses tax will go to these rum distillers--giving the legal

implication that they had imported all the molasses that came into

the United States, and paid duty on it--and then exported it all

in the shape of rum--leaving not a gallon to have been consumed by

the rest of the community, nor even a gallon of their own rum to

have been drank in the United States. All this is clear from the

regular operation of the compromise act, in reducing duties without

making a corresponding reduction in the drawbacks founded upon

them. But is there not to be cheating in addition to the regular

operation of the act? If not, we shall be more fortunate than we

have been heretofore, and that under the circumstances of greater

temptation. It is well known that whiskey can be converted into New

England rum, and exported as such, and receive the drawback of the

molasses duty; and that this has been done just as often as the

price of whiskey (and the meanest would answer the purpose) was

less than the cost of molasses. The process was this. Purchase base

whiskey at a low rate--filtrate it through charcoal, to deprive

it of smell and taste--then pass it through a rum distillery, in

company with a little real rum--and the whiskey would come out rum,

very fit to be sold as such at home, or exported as such, with the

benefit of drawback. All this has been done, and has been proved to

be done; and, therefore, may be done again, and certainly will be

done, under the increased temptation which the compromise act now

affords, and will continue to afford, if not amended as proposed by

the bill I propose to bring in. It was proved before a committee

of the House of Representatives in the session of 1827-8. Mr.

Jeromus Johnson, then a member of Congress from the city of New

York, now a custom-house officer in that city, testified directly

to the fact. To the question: "_Are there not large quantities of

whiskey used with molasses in the distillation of what is called New

England rum?_" He answered: "_There are:_" and that when mixed at

the rate of only four gallons to one, and the mixture run through

a rum distillery--the whiskey previously deprived of its taste

and smell by filtration through charcoal--the best practised rum

drinker could not tell the difference--even if appealed to by a

custom-house officer. That whiskey is now used for that purpose, is

clearly established by the table marked B. That table shows that

the importation of foreign molasses for the year 1839 was 392,368

gallons; and the exportation of distilled rum for that quantity

was 356,699 gallons; that is to say, nearly as many gallons of rum

went out as of molasses came in; and, admitting that a gallon of

good molasses will make a gallon of rum, yet the average is below

it. Inferior or common molasses falls short of producing gallon

for gallon by from 5 to 7-1/2 per cent. Now make an allowance for

this deficiency; allow also for the quantity of foreign molasses

consumed in the United States in other ways; allow likewise for

the quantity of rum made from molasses, and not exported, but

consumed at home: allow for these three items, and the conviction

becomes irresistible, that whiskey was used in the distillation of

rum in the year 1839, and exported with the benefit of drawback!

and that such will continue to be the case (if this blunder is not

corrected), as the duty gets lower and the temptation to export

whiskey, under the disguise of New England rum, becomes greater.

After 1842, this must be a great business, and the molasses drawback

a good profit on mean whiskey.

Putting these two items together--the sugar and the molasses

drawbacks--and some millions must be plundered from the Treasury

under the preposterous provisions of this compromise act.

Thirty Years' View (Vol. 2 of 2) or, A History of the Working of the American Government for Thirty Years, from 1820 to 1850 · 第 53 / 202 章