CHAPTER II.

PROTECTION AND FREE TRADE.

We have seen that the first Federal Congress met at New York in March,

1789. It organized April 6th. None knew better than its members that

the war of the Americana Revolution chiefly grew out of the efforts of

Great Britain to cripple and destroy our Colonial industries to the

benefit of the British trader, and that the Independence conquered, was

an Industrial as well as Political Independence; and none knew better

than they, that the failure of the subsequent political Confederation of

States was due mainly to its failure to encourage and protect the

budding domestic manufactures of those States. Hence they hastened,

under the leadership of James Madison, to pass "An Act laying a duty on

goods, wares and merchandize imported into the United States," with a

preamble, declaring it to be "necessary" for the "discharge of the debt

of the United States and the encouragement and protection of

manufactures." It was approved by President Washington July 4, 1789--a

date not without its significance--and levied imports both specific and

ad valorem. It was not only our first Tariff Act, but, next to that

prescribing the oath used in organizing the Government, the first Act of

the first Federal Congress; and was passed in pursuance of the

declaration of President Washington in his first Message, that "The

safety and interest of the People" required it. Under the inspiration

of Alexander Hamilton the Tariff of 1790 was enacted at the second

session of the same Congress, confirming the previous Act and increasing

some of the protective duties thereby imposed.

An analysis of the vote in the House of Representatives on this Tariff

Bill discloses the fact that of the 39 votes for it, 21 were from

Southern States, 13 from the Middle States, and 5 from New England

States; while of the 13 votes against it, 9 were from New England

States, 3 from Southern States, and 1 from Middle States. In other

words, while the Southern States were for the Bill in the proportion of

21 to 3, and the Middle States by 13 to 1, New England was against it by

9 to 5; or again, while 10 of the 13 votes against it were from the New

England and Middle States, 21 (or more than half) of the 39 votes for it

were from Southern States.

It will thus be seen-singularly enough in view of subsequent events

--that we not only mainly owe our first steps in Protective Tariff

legislation to the almost solid Southern vote, but that it was thus

secured for us despite the opposition of New England. Nor did our

indebtedness to Southern statesmen and Southern votes for the

institution of the now fully established American System of Protection

cease here, as we shall presently see.

That Jefferson, as well as Washington and Madison, agreed with the views

of Alexander Hamilton on Protection to our domestic manufactures as

against those of foreign Nations, is evident in his Annual Message of

December 14, 1806, wherein-discussing an anticipated surplus of Federal

revenue above the expenditures, and enumerating the purposes of

education and internal improvement to which he thinks the "whole surplus

of impost" should during times of peace be applied; by which application

of such surplus he prognosticates that "new channels of communication

will be opened between the States; the lines of separation will

disappear; their interests will be identified, and their Union cemented

by new and indissoluble ties"--he says: "Shall we suppress the impost

and give that advantage to foreign over domestic manufactures. On a few

articles of more general and necessary use, the suppression in due

season, will doubtless be right; but the great mass of the articles on

which impost is paid is foreign luxuries, purchased by those only who

are rich enough to afford themselves the use of them." But his embargo

and other retaliatory measures, put in force in 1807 and 1808, and the

War of 1812-15 with Great Britain, which closely followed, furnished

Protection in another manner, by shutting the door to foreign imports

and throwing our people upon their own resources, and contributed

greatly to the encouragement and increase of our home manufactures

--especially those of wool, cotton, and hemp.

At the close of that War the traders of Great Britain determined, even

at a temporary loss to themselves, to glut our market with their goods

and thus break down forever, as they hoped, our infant manufactures.

Their purpose and object were boldly announced in the House of Commons

by Mr. Brougham, when he said: "Is it worth while to incur a loss upon

the first importation, in order by the glut to stifle in the cradle

those rising manufactures in the United States which the War had forced

into existence contrary to the natural course of things." Against this

threatened ruin, our manufacturers all over the United States--the sugar

planters of Louisiana among them--clamored for Protection, and Congress

at once responded with the Tariff Act of 1816.

This law greatly extended and increased specific duties on, and

diminished the application of the ad valorem principle to, foreign

imports; and it has been well described as "the practical foundation of

the American policy of encouragement of home manufactures--the practical

establishment of the great industrial system upon which rests our

present National wealth, and the power and the prosperity and happiness

of our whole people." While Henry Clay of Kentucky, William Loundes of

South Carolina, and Henry St. George Tucker of Virginia supported the

Bill most effectively, no man labored harder and did more effective

service in securing its passage than John C. Calhoun of South Carolina.

The contention on their part was not for a mere "incidental protection"

--much less a "Tariff for revenue only"--but for "Protection" in its

broadest sense, and especially the protection of their cotton

manufactures. Indeed Calhoun's defense of Protection, from the assaults

of those from New England and elsewhere who assailed it on the narrow

ground that it was inimical to commerce and navigation, was a notable

one. He declared that:

"It (the encouragement of manufactures) produced a system strictly

American, as much so as agriculture, in which it had the decided

advantage of commerce and navigation. The country will from this derive

much advantage. Again it is calculated to bind together more closely

our wide-spread Republic. It will greatly increase our mutual

dependence and intercourse, and will, as a necessary consequence, excite

an increased attention to internal improvements--a subject every way so

intimately connected with the ultimate attainment of national strength

and the perfection of our political institutions."

He regarded the fact that it would make the parts adhere more closely;

that it would form a new and most powerful cement far outweighing any

political objections that might be urged against the system. In his

opinion "the liberty and the union of the country were inseparably

united; that as the destruction of the latter would most certainly

involve the former, so its maintenance will with equal certainty

preserve it;" and he closed with an impressive warning to the Nation of

a "new and terrible danger" which threatened it, to wit: "disunion."

Nobly as he stood up then--during the last term of his service in the

House of Representatives--for the great principles of, the American

System of Protection to manufactures, for the perpetuity of the Union,

and for the increase of "National strength," it seems like the very

irony of fate that a few years later should find him battling against

Protection as "unconstitutional," upholding Nullification as a "reserved

right" of his State, and championing at the risk of his neck that very

"danger" to the "liberties" and life of his Country against which his

prophetic words had already given solemn warning.

Strange was it also, in view of the subsequent attitudes of the South

and New England, that this essentially Protective Tariff Act of 1816

should have been vigorously protested and voted against by New England,

while it was ably advocated and voted for by the South--the 25 votes of

the latter which secured its passage being more than sufficient to have

secured its defeat had they been so inclined.

The Tariff Acts of 1824 and 1828 followed the great American principle

of Protection laid down and supported by the South in the Act of 1816,

while widening, increasing, and strengthening it. Under their

operation-especially under that of 1828, with its high duties on wool,

hemp, iron, lead, and other staples--great prosperity smiled upon the

land, and particularly upon the Free States.

In the cotton-growing belt of the South, however, where the prosperity

was relatively less, owing to the blight of Slavery, the very contrast

bred discontent; and, instead of attributing it to the real cause, the

advocates of Free Trade within that region insisted that the Protective

Tariff was responsible for the condition of things existing there.

A few restless and discontented spirits in the South had indeed agitated

the subject of Free Trade as against Protected manufactures as early as

1797, and, hand in hand with it, the doctrine of States Rights. And

Jefferson himself, although, as we have already seen, attached to the

American System of Protection and believing in its Constitutionality,

unwittingly played into the hands of these Free Traders by drawing up

the famous Kentucky Resolutions of '98 touching States Rights, which

were closely followed by the Virginia Resolutions of 1799 in the same

vein by Madison, also an out-and-out Protectionist. It was mainly in

condemnation of the Alien and Sedition Laws, then so unpopular

everywhere, that these resolutions were professedly fulminated, but they

gave to the agitating Free Traders a States-Rights-Secession-weapon of

which they quickly availed themselves.

Their drift may be gathered from the first of the Kentucky Resolutions

of '98, which was in these words: "Resolved, That the several States

composing the United States of America are not united on the principle

of unlimited submission to their General Government, but that, by a

compact under the style and title of a Constitution for the United

States, and of amendments thereto, they constituted a General Government

for special purposes--delegated to that Government certain definite

powers, reserving, each State to itself, the residuary mass of right to

their own self-government; and that whensoever the General Government

assumes undelegated powers, its acts are unauthoritative, void, and of

no force; that to this compact each State acceded as a State, and as an

integral party, its co-States forming, as to itself, the other party;

that the Government created by this compact was not made the exclusive

or final judge of the extent of the powers delegated to itself; since

that would have made its discretion, and not the Constitution, the

measure of its powers; but that, as in all other cases of compact among

powers having no common judge, each party has an equal right to judge

for itself, as well of infractions as of the mode and measure of

redress."

The Resolutions, after enumerating the Alien and Sedition and certain

other laws as in point, conclude by calling upon the other States to

join Kentucky in her opposition to such Federal usurpations of power as

thus embodied, and express confidence: "That they will concur with this

Commonwealth in considering the said Acts as so palpably against the

Constitution as to amount to an undisguised declaration that that

compact is not meant to be the measure of the powers of the General

Government, but that it will proceed in the exercise over these States,

of all powers whatsoever; that they will view this as seizing the rights

of the States, and consolidating them in the hands of the General

Government, with the power assumed to bind the States (not merely as to

the cases made federal (casus foederis) but) in all cases whatsoever, by

laws made, not with their consent, but by others against their consent;

that this would be to surrender the form of government we have chosen,

and live under one deriving its powers from its own will, and not from

our authority; and that the co-States, returning to their natural rights

in cases not made federal, will concur in declaring these Acts void and

of no force, and will each take measures of its own in providing that

neither these Acts, nor any others of the General Government, not

plainly and intentionally authorized by the Constitution, shall be

exercised within their respective territories."

The doctrine of States Rights as formulated in these Resolutions,

including the assumed right of a State to nullify laws of the General

Government, naturally led up, as we shall see, not only to threats of

disunion, but ultimately to a dreadful sectional War waged in the effort

to secure it. That Jefferson, when he penned them, foresaw the terrible

results to flow from these specious and pernicious doctrines, is not to

be supposed for an instant; but that his conscience troubled him may be

fairly inferred from the fact that he withheld from the World for twenty

years afterward the knowledge that he was their author. It is probable

that in this case, as in others, he was a victim of that casuistry which

teaches that "the end justifies the means;" that he hoped and believed

that the assertion of these baleful doctrines would act solely as a

check upon any tendency to further centralization of power in the

General Government and insure that strict construction of the

Constitution.

Though afterward violated by himself at the same time that he for the

moment threw aside his scruples touching African slavery, when he added

to our domain the great French Slave Colony of Louisiana--was none the

less the great aim of his commanding intellect; and that he fortuitously

believed in the "saving common sense" of his race and country as capable

of correcting an existing evil when it shall have developed into ill

effects.

[Mr. Jefferson takes this very ground, in almost the same words, in

his letter, 1803, to Wilson C. Nichols in the Louisiana Colony

purchase case, when, after proving by his own strict construction

of the Constitution that there was no power in that instrument to

make such purchase, and confessing the importance in that very case

of setting "an example against broad construction," he concludes:

"If, however, our friends shall think differently, certainly I

shall acquiesce with satisfaction; confiding that the good sense of

the country will correct the evil of construction when it shall

produce ill ejects."]

Be that as it may, however, the fact remains that the seeds thus sown by

the hands of Jefferson on the "sacred soil" of Virginia and Kentucky,

were dragon's teeth, destined in after years to spring up as legions of

armed men battling for the subversion of that Constitution and the

destruction of that Union which he so reverenced, and which he was so

largely instrumental in founding--and which even came back in his own

life to plague him and Madison during his embargo, and Madison's war of

1812-15, in the utterances and attitude of some of the New England

Federalists.

The few Free Traders of the South--the Giles's and John Taylor's and men

of that ilk--made up for their paucity in numbers by their unscrupulous

ingenuity and active zeal. They put forth the idea that the American

Protective Policy was a policy of fostering combinations by Federal

laws, the effect of which was to transfer a considerable portion of the

profits of slave labor from the Slave States to other parts of the Union

where it was massed in the hands of a few individuals, and thus created

a moneyed interest which avariciously influenced the General Government

to the detriment of the entire community of people, who, made restive by

the exactions of this power working through the Federal Government, were

as a consequence driven to consider a possible dissolution of the Union,

and make "estimates of resources and means of defense." As a means also

of inflaming both the poor whites and Southern slave-holders by arousing

the apprehensions of the latter concerning the "peculiar institution" of

Slavery, they craftily declared that "If the maxim advanced by the

advocates of the protecting duty system will justify Congress in

assuming, or rather in empowering a few capitalists to assume, the

direction of manufacturing labor, it also invests that body with a power

of legislating for the direction of every other species of labor and

assigning all occupations whatsoever to the care of the intelligence of

mercenary combinations"--and hence untold misery to labor.

They charged as a further means of firing the Southern heart, that this

moneyed power, born of Protection, "works upon the passion of the States

it has been able to delude by computations of their physical strength

and their naval superiority; and by boasting of an ability to use the

weakening circumstance of negro slavery to coerce the defrauded and

discontented States into submission." And they declared as fundamental

truths upon which they rested that "The Federal is not a National

Government; it is a league between nations. By this league, a limited

power only over persons and property was given to the representatives of

the united nations. This power cannot be further extended, under the

pretext of national good, because the league does not create a national

government."

It was the passage of the Tariff of 1824 that gave these crafty Free

Traders their first great success in spreading their doctrine of Free

Trade by coupling it with questions of slave labor, States Rights, and

nullification, as laid down in the Kentucky and Virginia resolutions.

These arguments created great excitement throughout the South

--especially in South Carolina and Georgia--which was still further

increased by the passage of the Tariff of 1828, since declared by

eminent authority to have been "the highest and most protective ever

adopted in this country."

[Mr. Greeley, in his "History of the American Conflict," 1864.]

Prior to the passage of this Tariff Act, excited assemblages met in some

of the Southern States, and protested against it as an outrage upon

their rights--arraying the South in seditious and treasonable attitude

against not only the North but the Union, with threats of Secession. At

one of these meetings in South Carolina, in 1827, one of their leaders

--[Dr. Thomas Cooper, President of South Carolina College.]--declared that

"a drilled and managed majority" in the House of Representatives had

determined "at all hazards to support the claims of the Northern

manufacturers, and to offer up the planting interest on the altar of

monopoly." He denounced the American system of Protection exemplified

in that Tariff measure as "a system by which the earnings of the South

are to be transferred to the North--by which the many are to be

sacrificed to the few--under which powers are usurped that were never

conceded--by which inequality of rights, inequality of burthens,

inequality of protection, unequal laws, and unequal taxes are to be

enacted and rendered permanent--that the planter and the farmer under

this system are to be considered as inferior beings to the spinner, the

bleacher, and the dyer--that we of the South hold our plantations under

this system, as the serfs and operatives of the North, subject to the

orders and laboring for the benefit of the master-minds of

Massachusetts, the lords of the spinning jenny and peers of the

power-loom, who have a right to tax our earnings for their emolument,

and to burthen our poverty and to swell their riches;" and after

characterizing Protection as "a system of fraud, robbery and

usurpation," he continued "I have said that we shall ere long be

compelled to calculate the value of our Union; and to enquire of what

use to us is this most unequal alliance, by which the South has always

been the loser and the North always the gainer. Is it worth our while

to continue this union of States, where the North demands to be our

masters and we are required to be their tributaries? who with the most

insulting mockery call the yoke they put upon our necks the 'American

system!' The question, however, is fast approaching the alternative of

submission or separation."

Only a few days after this inflammatory speech at Columbus, S. C.,

inciting South Carolinians to resist the pending Protective Tariff even

to the lengths of Secession, during a grand banquet at Richmond, Va.,

William B. Giles--another Free Trade leader--proposed, and those present

drank a toast to the "Tariff Schemer" in which was embodied a

declaration that "The Southerners will not long pay tribute." Despite

these turbulent and treasonable mutterings, however, the "Jacksonian

Congress" passed the Act--a majority of members from the Cotton and New

England States voting against, while the vote of the Middle and Western

Free States was almost solidly for, it.

At a meeting held soon after the enactment of the Tariff of 1828, at

Walterborough Court House, S. C., an address was adopted and issued

which, after reciting the steps that had been taken by South Carolina

during the previous year to oppose it, by memorials and otherwise, and

stating that, despite their "remonstrances and implorations," a Tariff

Bill had passed, not indeed, such as they apprehended, but "ten-fold

worse in all its oppressive features," proceeded thus:

"From the rapid step of usurpation, whether we now act or not, the day

of open opposition to the pretended powers of the Constitution cannot be

far off, and it is that it may not go down in blood that we now call

upon you to resist. We feel ourselves standing underneath its mighty

protection, and declaring forth its free and recorded spirit, when we

say we must resist. By all the great principles of liberty--by the

glorious achievements of our fathers in defending them--by their noble

blood poured forth like water in maintaining them--by their lives in

suffering, and their death in honor and in glory;--our countrymen! we

must resist. Not secretly, as timid thieves or skulking smugglers--not

in companies and associations, like money chafferers or stock jobbers

--not separately and individually, as if this was ours and not our

country's cause--but openly, fairly, fearlessly, and unitedly, as

becomes a free, sovereign and independent people. Does timidity ask

WHEN? We answer NOW!"

These inflammatory utterances, in South Carolina especially, stirred the

Southern heart more or less throughout the whole cotton belt; and the

pernicious principles which they embodied found ardent advocates even in

the Halls of Congress. In the Senate, Mr. Hayne, of South Carolina, was

their chief and most vehement spokesman, and in 1830 occurred that

memorable debate between him and Daniel Webster, which forever put an

end to all reasonable justification of the doctrine of Nullification,

and which furnished the ground upon which President Jackson afterward

stood in denouncing and crushing it out with the strong arm of the

Government.

In that great debate Mr. Hayne's propositions were that the Constitution

is a "compact between the States," that "in case of a plain, palpable

violation of the Constitution by the General Government, a State may

interpose; and that this interposition is constitutional"--a proposition

with which Mr. Webster took direct issue, in these words: "I say, the

right of a State to annul a law of Congress cannot be maintained, but on

the ground of the inalienable right of man to resist oppression; that is

to say, upon the ground of revolution. I admit that there is an

ultimate violent remedy, above the Constitution and in defiance of the

Constitution, which may be resorted to when a revolution is to be

justified. But I do not admit that, under the Constitution, and in

conformity with it, there is any mode in which a State Government, as a

member of the Union, can interfere and stop the progress of the general

movement by force of her own laws under any circumstances whatever."

Mr. Webster insisted that "one of two things is true: either the laws of

the Union are beyond the discretion and beyond the control of the

States, or else we have no Constitution of General Government, and are

thrust back again to the days of the Confederation;" and, in concluding

his powerful argument, he declared that "even supposing the Constitution

to be a compact between the States," Mr. Hayne's doctrine was "not

maintainable, because, first, the General Government is not a party to

the compact, but a Government established by it, and vested by it with

the powers of trying and deciding doubtful questions; and secondly,

because, if the Constitution be regarded as a compact, not one State

only, but all the States are parties to that compact, and one can have

no right to fix upon it her own peculiar construction."

While the comparatively miserable condition of the cotton-growing States

of the South was attributed by most of the Southern Free Traders solely

to the Protective Tariff of 1828, yet there were some Southerners

willing to concede--as did Mr. Hayne, in the Senate (1832)--that there

were "other causes besides the Tariff" underlying that condition, and to

admit that "Slaves are too improvident, too incapable of that minute,

constant, delicate attention, and that persevering industry which are

essential to manufacturing establishments," the existence of which would

have made those States prosperous. But such admissions were unwilling

ones, and the Cotton-lords held only with the more tenacity to the view

that the Tariff was the chief cause of their condition.

The Tariff Act of 1832, essentially modifying that of 1828, was passed

with a view, in part, to quiet Southern clamor. But the Southern Cotton

States refused to be mollified. On the contrary, the Free Traders of

South Carolina proceeded to extreme measures, putting in action that

which they had before but threatened. On November 19, 1832, the leading

men of South Carolina met in Convention, and a few days thereafter

--[November 24,1882]--unanimously passed an Ordinance of Nullification

which declared the Tariff Acts of 1828 and 1832 "Unauthorized by the

Constitution," and "null, void, and no law, nor binding on this State,

its officers, or citizens." The people of the State were forbidden by

it to pay, after the ensuing February 1st, the import-duties therein

imposed. Under the provisions of the Ordinance, the State Legislature

was to pass an act nullifying these Tariff laws, and any appeal to the

United States Supreme Court against the validity of such nullifying act

was prohibited. Furthermore, in the event of the Federal Government

attempting to enforce these Tariff laws, the people of South Carolina

would thenceforth consider themselves out of the Union, and will

"forthwith proceed to organize a separate Government, and do all other

acts and things which sovereign and independent States may of right do."

At the subsequent meeting of the Legislature, Mr. Hayne, who had been a

member of the Convention, having resigned his seat in the United States

Senate, was elected Governor of the State. He declared in his message

that he recognized "No allegiance as paramount to that which the

citizens of South Carolina owe to the State of their birth or their

adoption"--that doctrine of "paramount allegiance to the State" which in

after-years gave so much trouble to the Union and to Union-loving

Southerners--and declared that he held himself "bound by the highest of

all obligations to carry into effect, not only the Ordinance of the

Convention, but every act of the Legislature, and every judgment of our

own Courts, the enforcement of which may devolve upon the Executive,"

and "if," continued he, "the sacred soil of Carolina should be polluted

by the footsteps of an invader, or be stained with the blood of her

citizens, shed in her defense, I trust in Almighty God * * * even should

she stand alone in this great struggle for constitutional liberty,

encompassed by her enemies, that there will not be found, in the wide

limits of the State, one recreant son who will not fly to the rescue,

and be ready to lay down his life in her defense." In support of the

contemplated treason, he even went to the length of calling for an

enrolling of volunteer forces and of holding them ready for service.

But while South Carolina stood in this treasonable and defiant attitude,

arming for war against the Union, there happened to be in the

Presidential chair one of her own sons--General Jackson. Foreseeing

what was coming, he had, prior to the meeting of the Convention that

framed the Nullification Ordinance, ordered General Scott to Charleston

to look after "the safety of the ports of the United States"

thereabouts, and had sent to the Collector of that port precise

instructions as to his duty to resist in all ways any and all attempts

made under such Ordinance to defeat the operation of the Tariff laws

aforesaid. Having thus quietly prepared the arm of the General

Government for the exercise of its power, he issued in December a

Proclamation declaring his unalterable resolution to treat Nullification

as Treason--and to crush it.

In that famous document President Jackson said of Nullification: "If

this doctrine had been established at an earlier day, the Union would

have been dissolved in its infancy. The Excise law in Pennsylvania, the

Embargo and Non-intercourse law in the Eastern States, the Carriage-tax

in Virginia, were all deemed unconstitutional, and were more unequal in

their operation than any of the laws now complained of; but fortunately,

none of those States discovered that they had the right now claimed by

South Carolina. * * * The discovery of this important feature in our

Constitution was reserved for the present day. To the statesmen of

South Carolina belongs the invention, and upon the citizens of that

State will unfortunately fall the evils of reducing it to practice. * *

* I consider, then, the power to annul a law of the United States,

assumed by one State, incompatible with the existence of the Union,

contradicted expressly by the letter of the Constitution, unauthorized

by its spirit, inconsistent with every principle on which it was founded

and destructive of the great object for which it was formed. * * * To

say that any State may at pleasure secede from the Union, is to say that

the United States are not a Nation, because it would be a solecism to

contend that any part of a Nation might dissolve its connection with the

other parts, to their injury or ruin, without committing any, offense."

Farther on, in his moving appeal to the South Carolinians, he bids them

beware of their leaders: "Their object is disunion; be not deceived by

names. Disunion, by armed force, is Treason." And then, reminding them

of the deeds of their fathers in the Revolution, he proceeds: "I adjure

you, as you honor their memory, as you love the cause of freedom to

which they dedicated their lives, as you prize the peace of your

country, the lives of its best citizens, and your own fair fame, to

retrace your steps. Snatch from the archives of your State the

disorganizing edict of its Convention--bid its members to reassemble and

promulgate the decided expression of your will to remain in the path

which alone can conduct you to safety, prosperity, and honor--tell them

that, compared to disunion, all other evils are light, because that

brings with it an accumulation of all--declare that you will never take

the field unless the Star-spangled banner of your country shall float

over you--that you will not be stigmatized when dead, and dishonored and

scorned while you live, as the authors of the first attack on the

Constitution of your country! Its destroyers you cannot be."

After asserting his firm "determination to execute the laws-to preserve

the Union by all constitutional means"--he concludes with the prayer,

"May the great Ruler of Nations grant, that the signal blessings with

which He has favored, ours may not, by the madness of party, or personal

ambition be disregarded and lost; and may His wise providence bring

those who have produced this crisis to see the folly before they feel

the misery, of civil strife; and inspire a returning veneration for that

Union, which, if we may dare to penetrate His designs, He has chosen as

the only means of attaining the high destinies to which we may

reasonably aspire."

The firm attitude of General Jackson, together with the wise

precautionary measures he had already taken, and the practical unanimity

with which his declaration to crush out the Treason was hailed in most

of the Southern as well as the Northern States, almost at once broke the

back of Nullification.

[In this connection the following letter, written at that time by

the great Chief Justice Marshall, to a cousin of his, on the

subject of State Sovereignty, is of interest, as showing how

clearly his penetrating intellect perceived the dangers to the

Union hidden in the plausible doctrine of State Rights:

RICHMOND, May 7, 1833.

"MY DEAR SIR:

"I am much indebted to you for your pamphlet on Federal Relations,

which I have read with much satisfaction. No subject, as it seems

to me, is more misunderstood or more perverted. You have brought

into view numerous important historical facts which, in my

judgment, remove the foundation on which the Nullifiers and

Seceders have erected that superstructure which overshadows our

Union. You have, I think, shown satisfactorily that we never have

been perfectly distinct, independent societies, sovereign in the

sense in which the Nullifiers use the term. When colonies we

certainly were not. We were parts of the British empire, and

although not directly connected with each other so far as respected

government, we were connected in many respects, and were united to

the same stock. The steps we took to effect separation were, as

you have fully shown, not only revolutionary in their nature, but

they were taken conjointly. Then, as now, we acted in many

respects as one people. The representatives of each colony acted

for all. Their resolutions proceeded from a common source, and

operated on the whole mass. The army was a continental army

commanded by a continental general, and supported from a

continental treasury. The Declaration of Independence was made by

a common government, and was made for all the States.

"Everything has been mixed. Treaties made by Congress have been

considered as binding all the States. Some powers have been

exercised by Congress, some by the States separately. The lines

were not strictly drawn. The inability of Congress to carry its

legitimate powers into execution has gradually annulled those

powers practically, but they always existed in theory.

Independence was declared `in the name and by the authority of the

good people of these colonies.' In fact we have always been united

in some respects, separate in others. We have acted as one people

for some purposes, as distinct societies for others. I think you

have shown this clearly, and in so doing have demonstrated the

fallacy of the principle on which either nullification or the right

of peaceful, constitutional secession is asserted.

"The time is arrived when these truths must be more generally

spoken, or our Union is at an end. The idea of complete

sovereignty of the State converts our government into a league,

and, if carried into practice, dissolves the Union.

"I am, dear sir,

"Yours affectionately,

"J. MARSHALL.

"HUMPHREY MARSHALL, ESQ.,

"FRANKFORT, KY."]

The Nullifiers hailed with pretended satisfaction the report from the

House Committee on Ways and Means of a Bill making great reductions and

equalizations of Tariff duties, as a measure complying with their

demands, and postponed the execution of the Ordinance of Nullification

until the adjournment of Congress; and almost immediately afterward Mr.

Clay's Compromise Tariff Act of 1833 "whereby one tenth of the excess

over twenty per cent. of each and every existing impost was to be taken

off at the close of that year; another tenth two years thereafter; so

proceeding until the 30th of June, 1842, when all duties should be

reduced to a maximum of twenty per cent."--[Says Mr. Greeley, in his

History aforesaid.]--agreed to by Calhoun and other Nullifiers, was

passed, became a law without the signature of President Jackson, and

South Carolina once more became to all appearances a contented,

law-abiding State of the Union.

But after-events proved conclusively that the enactment of this

Compromise Tariff was a terrible blunder, if not a crime. Jackson had

fully intended to hang Calhoun and his nullifying coadjutors if they

persisted in their Treason. He knew that they had only seized upon the

Tariff laws as a pretext with which to justify Disunion, and prophesied

that "the next will be the Slavery or Negro question." Jackson's

forecast was correct. Free Trade, Slavery and Secession were from that

time forward sworn allies; and the ruin wrought to our industries by the

disasters of 1840, plainly traceable to that Compromise Tariff measure

of 1833, was only to be supplemented by much greater ruin and disasters

caused by the Free Trade Tariff of 1846--and to be followed by the armed

Rebellion of the Free Trade and Pro-Slavery States of the South in 1861,

in a mad attempt to destroy the Union.

The Great Conspiracy, Complete · 第 2 / 34 章