THJ2

AMERICAN

ANNUAL REGISTER;

FOR THE YEARS 1827-8-9.

OH,

THE FIFTY-SECOND AND FIFTY-THIRD YEARS OF ABIERICAN1 INDEPENDENCE:

JTEW-YORK:

PUBLISHED BY E. & G. W. BLUNT.

1830.

Southern District of Jfea- 1'crk, u-

BE IT REMEMBERED, That on the twentieth day of April, A. D. 1830, in the fifty -fourth year of

the Independence of the United Slates of America, E. & G. W. Blunt, of the said district [Zi. 8.1 • v,f deP081t«d,ln **• office the title of aBook, the right whereof they claim as proprietor.' in the worda following, to wit :

A^The American Annual Register; for the years 1827-8-9, or, the fifty-second and fifty-third years of

In conformity to the Act of Congress of the United States, entitled, » An Act for the encouragement of Learning, by securing the copies of Maps, Charts, and Books, to the authors and proprietors of su copies, during the time therein mentioned." And also to an Act, entitled " An Act, supplementary t<« au Act, entitled An Act for the encouragement of learning, by securing the copies of Maps; Charts and «ook«, to the authors and proprietors of such copies, during the times therein mentioned, and extcndin- me benefits thereof to the arts of designing, engraving, and etching historical and other Prints "

FRED. J. BETTS, Clerk of the Southern District of New- York.

D

3L

A5

PREFACE.

THE period of history embraced in the present volume of the American Annual Register, comprehends nearly two years. This departure from the original plan, although partly caused by con- siderations only interesting to its conductor, was in some measure justified by the peculiar character of the events which transpired during that time. The proceedings of the first session of the 20th congress, and most of the domestic affairs of this country, had a direct reference to the presidential election, which took place shortly after the close of the period originally intended to be em- braced in this volume, and the second session gave rise to nothing of general interest, but was confined to the consideration of such laws only, as were absolutely necessary for the support of the government There seemed, therefore, to be a peculiar fitness in including the proceedings of both sessions in one volume. The war between Russia and Turkey, although originating in causes, which must be sought in the early history of Europe, and productive of consequences which the most powerful imagination can but faintly shadow forth, also commenced and terminated within the same years.

The character of the principal events transpiring in other European kingdoms, and the infant republics on this continent, gave additional force to the consideration, and finally led to the determination, to so far modify the plan, as to include the

i\ PREFACE.

history of the two years in one volume, and to devote a separate volume to the public documents, law proceedings, and biographies,

The same matter will be found in the two volumes as was at first contemplated, but it will be differently arranged, with the view of preventing an interruption in the narration of events, which form one consistent and complete history.

In this volume, the public is presented with the historical por- tion ; and in the second part which is to be published in the ensuing summer, will be comprehended the illustrating public documents, the law trials and the biographies.

Among the biographies will be those of John Jay, De Witt Clinton, Thomas A. Emmet, William Tilghman, Richard Stock- ton, John Eager Howard, and John Tayler Oilman, prepared from copious and authentic materials.

CONTENTS.

V&gc

CHAPTER I.

State of parties. Principles of administration. Of opposition. Political aspect of country. Elections in 1827. Twentieth congress. Eighth of January. Execution of militia men. Retrenchment committee. Report of majority. Of minority. Reform. Party violence. Defeat of administration. Retirement of Mr. Adams. Character of administration. 9

CHAPTER H.

Tariff. General view of the subject. Former impost bills. Harrisburg convention. Con- gressional proceedings. Resolutions to examine witnesses. Bill reported. Proceedings in house. In senate. Passage of bill. Excitement at the south. Acquiescence in the Law. 35

CHAPTER HI.

Relations between Indians and colonial governments — scheme adopted for their improvement. Cherokees. Chickasaws. Choctaws. Creeks. Northwestern tribes — plan for their re- moval. 69

CHAPTER IV.

Opening of the twentieth congress. Message of president. Business of congress. Duties on wines. On salt. Process in United States Courts. Proceedings in senate In house. Powers of vice president. Adjournment. 85

CHAPTER V.

Opening of second session of congress. Message of president. Bill relative to drawback. Draw- back on sugar. Tonnage duty. Instructions to Panama mission. Termination of congress. 101

CHAPTER VI.

Treasury report for 1827. State of Finances. Report of finance committee. Expenses of congress. Pensions. Appropriations for 1828. Expenses of government. Naval service. Discussion on bill. Hospital fund. Slave trade. Fortifications. Light-houses, &c. Inter- nal improvement. Discussion on do. Military service. Indian department. Public build- ings. Treasury report for 1828. State of finances Appropriations for 1829. Congress. Executive government. Pensions. Naval service. Fortifications. Light-houses, &c. In- ternal improvement. Military service. Indian department. Public buildings. 117

CHAPTER VII.

Ur«at Britain. Lord Goderich resigns. New cabinet. Lord Wellington premier. Finances. Mr. Huskisson resigns. Causes of resignation. New corn bill. Law for relief of dissenters. Sir F. Burdett's motion on Catholic question. Mr. O'Connell elected. Catholic association. Opening of parliament in 1829. Catholic question settled. Duel between Premier and Lord Winchelsea. Silk trade. Discussion relative to American tariff. Correspondence between American and British governments. Commercial policy of Great Britain. Order in council relative to colonial trade. British navigation. Treaty with Brazil. Boundary between United States and Canada. Affairs of Portugal. War between Russia and Turkey. Cana- dian affairs. Debate on Fortifications in Canada. British West Indies. East India Com- pany. 153

CHAPTER VIII.

France. Creation of new peers. New ministry. Opening of chambers. Parties in the cham- bers. Choice of President. Discussions on king's speech. On post office. Electoral and jury lists. Foreign relations. Freedom of the press. Charges against the late cabinet. Pub- lic instruction. Clerical education in France. Budgets. Account of the session. Recall of troops from Spain. Expedition to Morea. Situation of ministry. 233

CHAPTER IX.

Session of 1829. Project of laws, for the administration of the departments and communes. Endowment of the chamber of peers. Commissions on commerce, public roads, and canals. Foreign relations. Relations with the United States. Close of the session Dissolution of the ministry. New administration. Elevation of Polignac to the Presidency of the council, andresi?nationofLaBourdomiaye. Jesuits. Political state of France. 243

vi CONTENTS.

< Page

CHAPTER X.

Russia- Christianity contrasted wiUi Islamism. British empire in India. Holy Alliance. Russian and Ottoman empires. Peter the Great. Catharine. Alexander. Peace of *'ari.-= Sultan Mahmoud. Alexander Ypsilanti. Insurrection of Greece. Death of Alexander. Ac- cession of the emperor Nicholas. Insurrection in the army. Fenian invasion. Campaign of 1827-8. Conclusion of peace. Treaty of Turkmantchai.

CHAPTER XI.

RUSSIA AKB TURKBT— NEGOTIATIONS.— Conferences at Ackerman. Mediation for Greece. Treaty of London of 6th July, 1827. Treaty of Ackerman. Battle of Navarino. Conduct and policy of the Sultan. Manifesto of Russia declaring war. Conduct of the British cabinet. Manifesto of the Sublime Porte. The two manifestoes compared.

CHAPTER XII.

Natural defences of Constantinople. Passage of the Pruth by the Russian army. Occupation of" Moldavia and Wallachia. Piege and surrender of Brailow. Siege of Varna. Investment of Sbumia. Occupation of Isaktcha Bazardjic and Jcnibazar. Attack on the Russian re- doubts by Hussein Pasha. Evacuation of Eski Staraboul. The Emperor Nicholas leaves the camp before Shumla— repai rs to Varna— to Odessa. Attack of the Russian positions be- fore Shumla, by Hussein Pasha and Hali! Pasha — defeated. Operations of the Russian fleet before Varna. Sortie of the Turks. Priuce Menzikoff disabled. Command of the siege transferred to Count Woronzoff. Levy of 4 men in 500, by the Emperor Nicholas. Loan in Holland. He returns to Varna. Progress of the siege. Surrender of Yussufl" Pasha, and of Varna. Russian camp before Shumla raised. The emperor Nicholas em- barks for Odessa— in danger of shipwreck— returns to St. Petersburg. Operations in Moldavia and Wallachia. Siege of Silistria. Attack by the Seraskier of Widdin, upon general Geisraar at Crozoi— deteated— Geismar takes Kalafat. Retreat of Wittgenstein from Shumla. Siege of Silistria— raised— Wittgenstein goes into winter quarters at Jas- sy— his resignation. Count Dicbitch appointed to the command of the army. Campaign in Asia. Siege and surrender of Kara — of Poti — of Akhalkali— of Tcberwisy — of Akhaltzik. Diversion attempted by the Pasha of Moresch — defeated. Pashalik of Bayazid occupied by the Russians. Naval operations. Anapa taken by Admiral Greig — he proceeds to Vania. Russian squadrons in the Mediterranean. Admirals Hey den and Ricord. Blockade of the Dardanelles. Death of the empress mother of Russia.

CHAPTER XIII.

Expulsion from Constantinople, of Armenian Catholics. Deputation of four Archbishops, to offer an amnesty to the Greeks. Treaties with Spain, Naples, and Denmark. Preparations for war. Efforts of the Austrian and Netherland Legations at Constantinople, to avert the •war. Answers of the Porte. Arrival of the Russian Declaration. Council at the House of the Mufti Note from the Reis E fiend i, inviting the return of the British and French Ambas- sadors. Answer of Count Guilleminot The Sultan consults a fortune-teller. Decides for war. War measures. Levies of troops. Fail in Bosnia and Servia. Disorders at Con- stantinople. Departure of the Grand Vizier, for Varna. The Sultan removes to Ramish Tchinlik, with the Standard of the Prophet. Landing of the French army iu the Morea. New invitation to the French and English Ambassadors to return. Surrender of Varna. Yussuff Pasha declared infamous. His estates sequestered. The Grand Vizier displaced. Izzet Mehemed appointed to that office. Retreat of the Russians from Shumla. Siege of Silistria raised. Effect of these events at Constantinople. Armies retire to winter quarters. Blockade of the Dardanelles by the Russians. Negotiations at Constantinople, renewed by the Dutch Minister Van Zuylen. Declaration of the Britisii, French, and Russian Ministers at London, the 16th of November, 1828. Communicated to the Porte. 345

CHAPTER XIV.

RUSSIA AMD TURKEY — CAMPAIGN or 1829.— Preparations by Russia for the campaign of 1829. Resignation of Marshal Wittgenstein. Appointment of general Diebitch to command the ar- mies in European Turkey. Military operations hi winter. Kale and Tourno taken by the Russians. Sizepoli taken by a Russian squadron. Turkish camp on the Kamtchik burnt. Campaign in Asiatic Turkey. Attack upon Akhaltysh, by Achmet Bey— defeated. Attack of Kaya Oglou repelled by general Hesse. Entrenched camp of the Turks at Potkboff taken. Battles of Kanily and Milli-Duzc, won by general Paskevitch — he takes Erzeroum and Hassan Kale. Kniss and Beibmirt taken. Attempt of the Pasha of Van to recover Bajazet— repelled by general Popoff. General Bourtsoff mortal- ly wounded at Khart. Osman Pasha and the Lasians defeated, at Khart. Campaign in Eu- ropean Turkey. Siege of Silistria resumed. Battle of Eski. Encounter between Redschul Pasha, Grand Vizier, and general Roth. Affair at Eximil. Battle of Koulevtcha or Pruvo- dy, won by general Dipbitch over the Grand Vizier. Rakhova taken by general Geismar. Surrender of Silistria to the Russians. Passage of the Balkan by general Diebitch. Pas- sage of the Kamtchik river. Mezembri taken by general Roth, with co-operation of the fleet of Admiral Greig. Akhiola taken. Aidos occupied by general Rudiger. Bourgas taken. Karnabat. Karabournar. Yumbol evacuated by Halil Pasha. Slivno taken by general Diebitch. Surrender of Afrianople Operations of Admiral Greig's fleet. Turkish vessels destroyed at Penderaclia and Chili. Turkish fleet on the Euxine. Russian frigate taken. Heroic defence of the brig Mercury. Admiral Greig puts to sea. Turkish fleet returns to the Bosphorus. Vassiliko taken. Agatopoli. Iniada. Midia. Proclamation of general Die- bitch—he receives the name of Zabalkansky. Peace of Adrianopl<>. Treaty. Separate acts. Conclupion. 363

^ * v

Page

CHAPTER XV.

'<Rti.iE. — Annul ot Uouut (Japod'Istrias at Egina. Appointment ot the Panhellenion. In- auguration of the government National bank. Pirates delivered up at Carabusa. Prize courts at Egina. Colonel Fabvier's expedition to the island of Scio — its failure. Greek blockade of the Morea. The plague in the Morea. Inhabitants disarmed. Arrest of Mat - romichalis, Naxos, and Millaitti. Mission of four archbishops from Constantinople to the Greeks— its failure. Proclamation of the president, announcing the war between Russia and the Porte. General Church attacks Vassilach, and Anatolico Corps of Albanians at Coron discharged. Admiral Codrington proceeds to Alexandria — convention of the Viceroy of Egypt with him for the evacuation of the Morea by Ibrahim Pasha. French expedition to the Morea. Their landing. Second convention for the evacuation of »he Morea by the Egyptian troops. They return to Alexandria Navarino taken by the French troops, and Modon. Coron. Capitulation of Patras, and the Castle of Morea. Turkish Agas resist the capitulation. The castle besieged by general Maison. The Agas surrender at discretion. Sickness among the French troops— one division of them returns to France. War in the island of Candia — in Western Hellas. Proclamations of the president Capo d'Istrias — his conferences with general Maison — with the allied Admirals — with the Ambassadors at Poros. Count Bulgari, minister of Russia to the Greek government. Mr. Dawkins, British consul general. Discontent in Greece at the limits proposed by the allies. General Ypsilanti takes Itivadia and Salone. Corps of Turks defeated by Ketzo Tzavellaa. Prisoners branded. Conference of 16th November, 1838, held by the ministers of the allies at London — their de- claration. Mission of Mr. Jaubert to Constantinople. The Porte consents to negotiate with Great Britain and France. Conference between the ministers of the allies at London, of 22d March, 1829. Protocol of that conference. Boundaries of Greece. Tribute. Indemnity for Turkish property. Independence qualified. Amnesties. Mutual armistice. Russia to be represented by the ambassadors of France and Great Britain. Sir Robert Gordon and Count Guillerainot arrive at i 'onstantinople. Reception of Sir Robert Gordon. Conferences with the Reis Eflendi. Notification that the British government disallows the Greek blockades. Fourth National Assembly of Greece at Argos. Division of Greece into 13 departments. Ad- dress of president Capo d'Istrias to the Assembly. Military operations. Vonitza taken by general Church — the castle of Romelia, by Augustin Capo d'Istrias. Mahmoud Pasha de- feated near Talanti. Thebes evacuated by Omer Pasha. Lnpanto Missolonghi. Anato- lico— surrender by capitulation to the Greeks. Operations before Athens suspended. General Church resigns his commission as commander in chief. Peace of Adrianople. Conclusion. 403

CHAPTER XVI.

SPAIN.— Political condition of Spain. Arbitrary and liberal parties. British policy. Cama- rilla. Royal volunteers. Portuguese affairs. Calomarde appointed Intendant of Police. Insurrection in Catalonia. Ferdinand at Barcelona- Returns to Madrid. Removal of French troops. Debt to France — to England. Finances. American affairs. Earthquake. 407

CHAPTER XVII.

PORTUGAL. — Condition of the kingdom under the constitution. Assembly af Chambers. Don Miguel's return. Swears to maintain the charter. Tumults. Return of British troops. Charter abolished. Revolt at Oporto. Defeat of Constitutionalists. Cortes convoked. Don Miguel proclaimed. Protest of Brazilian Ambassadors. Tyranny of Don Miguel. Reduc- tion of Madeira. Proceedings of Don Pedro. Arrival of Donna Maria. Lands in England. Attack on Terceira. 44>

CHAPTER XVIII.

Mexico. — General view of Spanish American states. State of parties in Mexico. Montano'a plan of reform. Bravo declares in favour of it. Banished. Pedraza elected President. Santa Anna revolts. Revolution in Mexico. Guerrero declared president. Expulsion of Spaniards. Invasion of Mexico. Finances. Commerce. 47-"

CHAPTER XIX.

Preliminary remarks. Election of deputies. Convention at Ocana. Dissolution of conven- tion. Bolivar proclaimed supreme chief. Conspiracy against Bolivar. Trial of Santander, Jlis banishment. General remarks on the same. Decree of Bolivar, calling constituent con- press. Designs of Bolivar. Historical account of his abdications. Conclusion. 493

CHAPTER XX. PERU AND BOLIVIA.

P*RU.— Conspiracy at Lima. Earthquake. New constitution. War with Colombia. Over- tures for peace. Battle of Tarqui. Convention of Jiron. Renewal of hostilities. Revolu- tion in Peru. Peace with Colombia.

BOLIVIA.— Sucre, president. Bolivian code. Revolution. War with Peru. Peace. Velasco president. Blanco president. Killed in civil commotion. Santa Cruz president. 519

CHAPTER XXI. BRAZIL AND LA PLATA.

War between Brazil and Buenos Ayres. Dissolution of federate government of La Plata. Maritime movements. Claims on Brazil. French Claims enforced. Buenos Ayrean priva- teers. Commissions recalled. Peace. Finances of Brazil. Mutiny at Rio Janeiro. Change

vu, CONTENTS.

of Brazilian ministry. Term* of peace. Bank of Brazil. Relations with Portugal. Depaf- tare of Donna Maria. Don Pedro's address to the Portuguese nation.

BDENOB AYRKS. — Dorrcgo deposed and shot. Civil war with the interior. Expedition to Santa Fe. Conspiracy in capitol. Defeat of southern army Buenos Ayres besieged. Brown re- signs. French fleet takes possession of Buenos Ayrcan squadron. Peace agreed upon. Rupture.

Executive officers,

Army promotions, 558 — 564

Navy promotions, Twentieth congress— members of,

Governors of stales, * -/

Reports on the sinking fund, Public debt,

Revenue and Expenditure, Internal improvements, Bank of United States.

Commerce of United States, for 1827, 580

Do do 1828, - 582

Do of each state and territory, for 1827, Do do do 1828,

Tonnage entering and leaving each district, for 1827,

Do do do 1828, 588

Do belonging to each district, for 1826, 590

Do do do 1827, 592

Comparative view of tonnage, 594

Statement of imports into United States, for 1827 and 1828, 594

Statement of foreign exports, for 1827 and '8, 597

Statement of exports of domestic produce and manufactures, for 1827 and 1828, - 600

Tables on public lands of United States, 602

Statistics of the world, 606

Table of imports, rate of wages, price of stocks, parish taxes, &c., in G. Britain for 20 years, 612 Revenue of Great Britain, for 1827, - 613

Expenditure of do 1827, - 614

Net produce of customs, stamps, taxes, excise, and post office, 615

Public debt of Great Britain and Ireland, 617

Tonnage tables, - gjg

Exports of do - o-30

Imports of do

French revenue, . 621

Imports, exports, and tonnage, goo

The state elections, legislative proceedings and statistics, will be found under the head of the

several states.

Maine, . 3

New Hampshire, •.,.„.«

Massachusetts,

Vermont, • - 16

Rhode Island, Connecticut, New York, Revised statutes of do

New Jersey, . UQ

Pennsylvania,

Delaware, . 103

Maryland, Virginia, North Carolina,

South Carolina, •„•.•:

Georgia, Alabama, Mississippi, Louisiana, Tennessee, - _

Kentucky,

Ohio,

Indiana,

Illinois,

Missouri,

District of Columbia,

153 156 160 162 163 164

AMERICAN ANNUAL, REGISTER,

FOR

THE YEARS 1827-8-9.

HISTORY OF THE UNITED STATES. CHAPTER I.

State of Parties — Principles of Administration — Of Opposition — Poli- tical aspect of Country — Elections in 1821 — 20th Congress — 8th of January — Execution of Militia-men — Retrenchment Committee — Report of Majority — Of Minority — Reform — Party Violence — Defeat of Ad- ministration— Retirement of Mr. Adams — Character of Administration.

THE parties, which had been in a state of developeraent during the two first years of Mr. Adams' ad- ministration, became, shortly after the adjournment of the 19th Con- gress, distinctly arrayed against each other, and the lines of demar- cation were plainly drawn between them.

It had been for several years, somewhat difficult to ascertain from the party denominations by which public men were known, the politi- cal principles they professed. Up- on the general disbanding of the federalists-as a national party, they amalgamated with their opponents ;

VOL. III.

and although in some states they still acted together for local purpo- ses, and in other states their former leaders kept aloof from public affairs, the old lines of party division were gradually obliterated, and no differ- ence of principle apparently exist- ed between parties, which had been so lately engaged in the most vehe- ment political warfare. The name was indeed often applied as a term of reproach to some of the tempo- rary and local parties, which occa- sionally appeared in opposition to those, who held the reins of govern- ment in the larger states ; but its existence as an active party con-

10

ANNUAL REGISTER, 16-J7-3-9.

tending for power being at an end, its defence was left to those who had in a great measure retired from public life ; and its character, which had fallen in general estimation from the factious conduct of its leaders during the late war, was committed to the tender mercies of its opponents.

This state of things, as it was sug- gested in a former volume, had a tendency to lower the standard of qualifications for official station. The general character of public measures did not furnish any dis- tinct grounds of dispute. All par- ties acquiesced in the same course of policy ; and the leading motive to enter into the political arena, and ths ultimate reward of a successful career, were the honours and emo- luments of office. A disposition to yield their own convictions, to flatter the prejudices of those, who possess- ed the power of dispensing patron- age, was too manifest among the candidates for public and official fa- vour. The number of rival candi- dates had increased, and as but one uvenue to power promising suc- cess was open, their pretensions brought them into constant collision with each other, and rendered them too apt to play the courtier with the people, and to resort to those arts and intrigues to gain the suffrages of the electors, which in other coun- tries are employed to obtain the support of a minister, or the favour of a monarch's favourite.

These circumstances, whilst impaired the sincerity of public men, and degraded the standard of moral and political qualifications, also rendered the people at large less able to ascertain who, among the several candidates presented to their choice, were the best repre- sentatives of their principles and their opinions. A class of men were thus found in public life, ready to trim their sails to the varying gale, and representing their own interests rather than any set of po- litical principles. These men did not indeed compare in number, and still less in character, with those who obtained the favour of their fel- low-citizens by the force of their talents, and preserved it by their public services ; but still they form- ed an important part of the political machinery of the country, and be- ing in greater force at this period than usual in the federal and state legislatures, they constituted a sort of mercenary corps, which preserv- ed its neutrality until its junction with one of the contending parties could clearly decide the contest in its favour.

This state of things rendered the success of an administration of the government upon the principles adopted by Mr. Adams, extremely problematical. At the commence- ment of his term of office, he had declared his intention to follow the general outlines of policy, which had characterized the administra-

OF OPPOSITION.

11

tion of his predecessor. This im- posed on him, in some measure, the necessity of continuing in of- fice those who had been previously appointed ; and adopting as a gene- ral rule, that he would remove no man except for official misconduct, and to regard in his selection of candidates for vacancies, only their moral and intellectual qualifica- tions, he voluntarily relinquished the support which he might have de- rived from executive patronage, and placed the success of his adminis- tration simply upon the merit of its principles and its measures.

No very great difference of opi- nion existed as to the principles which were to be carried into prac- tice in the management of the fo- reign relations of the United States. The strong national feeling pro- duced by the late war with Great Britain, had extinguished those fo- reign partialities which had pre- viously been the reproach of the prevailing parties, and no Ameri- can statesman, whether in the ad- ministration or in the opposition, could hope for the support of his countrymen upon any other ground than a steadfast and resolute main- tenance of the national interest and honour. It did, indeed, constitute a portion of the charges against the administration, that with Bra- zil this principle was lost sight of; and that in its discussions with England concerning the West In- dia trade, it was too strenuously

insisted upon : but no one denied the propriety of the principle, al- though it was controverted that it had been properly applied. No such agreement existed as to the domestic policy of the government. A difference of opinion as to its constitutional powers, necessarily produced disputes concerning the measures to be pursued. While one class of politicians asserted that the general government was instituted for national purposes, and that it possessed all the implied powers necessaiy to effect the objects which the constitution had placed within its jurisdiction ; ano- ther class contended that the pow- ers must be specifically granted, that these powers were limited to the enumerated objects, and that the practice of exercising construc- tive powers was subversive of state sovereignty. The states, they said, were independent, and as distinct sovereignties they had framed a federal constitution, reserving to themselves all the powers not spe- cifically granted by that instrument. It was asserted in opposition to this, that the federal government was instituted by the people of the United States, and not by the states in their sovereign capacities — that the states never were distinct and independent, but on the contrary, they were distinct only while colo- nies— that their independence had resulted from their union, and that, in fact, they were united as one

[•2

\\M'AL HOLSTER, l*27->-0.

naliou, and had incurred ail the obligations growing out of a state of war — had contracted alliances and debts, and pledged their faith as one people, anterior even to the establishment of the state govern- ments. The federal and state go- vernments were equally established by the people, and written consti- tutions framed, defining their re- spective powers. The federal go- vernment, it was true, possessed only enumerated powers ; but it was instituted for the purpose of super- intending national objects, and was invested with the necessary powers to accomplish that general end.

In announcing in his inaugural address, his intention of pursuing the policy adopted by his prede- cessor, Mr. Adams had indicated his resolution to construe the fede- ral constitution as authorizing ap- propriations by congress, for the in- ternal improvement of the country, and the passage of the laws for the advancement of national interests. This declaration was justly regard- ed as an expression of his prefe- rence of the federal to the anti- federal construction of the consti- tution ; and being amplified and carried into detail in his opening message to the 19th Congress, tended to rally all those who in- sisted on the narrow construction of that instrument in opposition to his administration.

Experience had shown, that the

representatives from the h'outhf rn states had generally ranked them- selves among those, who contended for the less liberal" view of the powers of the federal government. Whether it was owing to the pecu- liar character of the states, which from their stationary condition did not require that active care from the national government, that was demanded in other portions of the country where the population was increasing, and the resources more rapidly developed ; or to an appre- hension, that the general govern- ment might at some future period interfere with the rights of the slave holders ; certain it is, that a strong jealousy of its powers had always been manifested by the representa- tives from the planting states. On the other hand, except when under the influence of strong temporary excitement, the eastern states, from their extensive commercial rela- tions, have always felt the ne- cessity of having a gover merit which could make itself respected abroad ; and the enterprising cha- racter of their inhabitants gave them a strong interest in every institution, which could add to the resources or the strength of the Union. The middle states, also, entertained warm attachments to the federal government, although peculiar cir- cumstances, arising from the cha- racter of state parties contending with more than ordinary acrimony for local offices, had often placed

OF OPPOSITION.

Ne\\-Vork and Pennsylvania in >he opposite scale. The unsettled condition of the western states, had prevented their taking any part in the contest respecting the powers of the federal government until the present time ; although, growing up and'acquiring the cha- racter of states during the predomi. nancy of the democratic party, their representatives had generally professed the same principles. The contest, however, was then concern- ing the conduct of our foreign rela- tions, and the domestic policy of the country was ovei'looked. A new era had now commenced, and the relations of parties had materially changed. To the inhabitants of the western, and to many of those of the middle states, the political questions were entirely new. They related to the domestic policy and to the constitutional powers of the federal government. The present administration had now assumed a distinct character. The attention of the government, during the ad- ministrations of Jefferson and Madi-" son, had been to much engrossed by disputes with foreign powers, that no distinct home policy had been adopted. During Mr. Mon- roe's administration, its attention had been partially directed to the internal condition of the country ; but certain doubts in the mind of the President, and a constitutional hesitation or infirmity of purpose,

prevented the policy he had adopt- ed from being carried into com- plete effect. No such complaint could be made, concerning the domestic policy of the present ad. ministration. It had a distinct and strongly marked character. Adopting as a general principle that the federal government was one of limited powers, but estab- lished for national purposes, the President proceeded to enforce upon congress, the necessity of exercising its constitutional powers in passing laws to promote the improvement of agriculture, com- merce and manufactures ; of the internal communications between different parts of the Union ; for the advancement of literature, the progress of the sciences ; and to establish on a stable footing, those national institutions which had been commenced by his predecessors. This plain and explicit avowal of his principles, drew upon the ad- ministration the hostility of most of the representatives of the south- ern states ; and their opposition to its policy and doctrines was not a little stimulated by their section- al prejudices against its head.

A portion of the opposition, indeed, was already committed in favour of the power of the general govern- ment to make appropriations for in- ternal improvement; but the charge of the corrupt origin of the adminis- tration and its recommendation of

14

ANNUAL REGISTER, 1327-6-9.

the tariff, far outbalanced, in their eyes, any negative merits of that sort.

An account has been given in the two preceding volumes, of the com- bination of these different classes of politicians, professing such discor- dant principles, in the opposition ; and it soon became obvious, that an extraordinary unity of design and action existed in the party through- out the country. All minor differ- ences were buried in their desire to overthrow the administration. — The topics calculated to bring its measures into discredit, were most skilfully brought forward, and in va- rious sections of the union, oppo- site reasons were urged with ef- fect against its continuance in power.

Whilst an irreconcilable differ- ence of principle induced the repre- sentatives of the interests and opi- nions of the South to oppose it, and the personal predictions and po- litical views of the partizans of Jackson and Calhoun, arranged them on the same side, notwith- standing their opinions of the do- mestic policy of the government ; no means were left untried to ob- tain support in those states, whose interests and feelings led them to approve of the principles, upon which the government was adminis- tered. The strongest appeals were made to the sectional feelings of the western states, in behalf of the

candidate of the opposition ; ami it was discovered at an early period, that these appeals met with a ready response from the electors beyond the Alleghany mountains. New- York and Pennsylvania were ope- rated upon by a belief, industriously circulated, that Gen. Jackson was the candidate of the democracy of the union, and this impression also contributed to create a strong party in his favour in the States of Maine and New-Hampshire. The old fe- deral party, however, did not rally in support of the administration. — This party had disbanded, and ma- ny of its leaders were the most ardent personal opponents of Mr. Adams, and became the most ef- fective adherents of the opposition.

Such was the state of politics at the termination of the 19th Con- gress ; and the elections which were to determine the complexion of the next Congress, took place under the influence of this complicated state of public feeling.

In some of the states, indications were clearly given of the disposi- tion of the electors towards the ex- isting administration.

In Virginia and North-Carolina, where the district system prevailed, opposition members were returned, with some few exceptions.

In the other southern states, ex- cept Louisiana, candidates of the same character were chosen ; while in the eastern states, administra-

TWENTIETH CONGRESS.

tion candidates were elected, ex- cept in Maine, where two of the op- position succeeded.

The western and middle states presented a different aspect ; the contending parties in those states being more equally divided.

In Tennessee and Illinois, the opposition candidates prevailed, as well as in four fifths of the districts in Pennsylvania. In both Louisiana and Indiana, a majority of the mem- bers elected were in favour of the administration. A still more favour- able result took place in Ohio, which returned ten in favour, and but four against the administration.

Delaware and New- Jersey also elected administration candidates ; and the results in these states were considered as proofs of the increas- ing favour of the administration with the people ; as until then, the representative of Delaware had been in the opposition, and the vote of New-Jersey at the Presidential election in 1824 had been in favour of General Jackson.

These favourable indications, how- ever, were much more than coun- terbalanced by the results of the elections in Kentucky and New- York.

Upon the election in the former of those states public attention was strongly fixed, on account of its be- ing considered as a test of the influ- ence of the Secretary of State in his own state. The result, which gave seven representatives in the

opposition, and but five in favour of the administration, proved, that how- ever strengly fixed the affections of Kentucky might be upon her favourite son, the local prejudi- ces of the people inclined them to support a western candidate in preference to a citizen of the east- ern states.

The election in New-York, was still more discouraging to the pros- pects of the re-election of Mr. Adams. In that state, as well as in Maryland, the representatives to the twentieth Congress were chosen in the autumn of 1826, and the contest was only as to the re- presentation in the state legisla- tures. No distinct administration party existed in the state of New York. A large portion of its elec- tors approved of its policy; but they were not organized as a party, and the state parties had been for years contending about questions of a character entirely local. They were composed indifferently both of the supporters and oppo- nents of the administration. The leaders, however, of both of the local parties having determined on opposition, were enabled, by means of the old party organiza- tions, to elect an apparently over- whelming majority to the state le- gislature in favour of Gen. Jackson. This result in m a state where the administration had in reality many friends, and where it had with rea- son calculated on a firm support.

YMMJAL REGISTER, 1827-s-«J.

tended to strengthen the oppo- sition, and to confirm its sanguine hopes of success by the accession of the wavering to a party obvious- ly in the ascendant. Upon the assembling of the twentieth Con- gress, it was ascertained, by the election of the speaker, that a ma- jority of the house was opposed to the administration ; and this victory was soon followed, by such an ac- cession from those who were un- committed in the senate, as to give a majority to the same party in that body.

The committees of both houses, of course, represented the political opinions of the opposition, and the administration was left without that support, which it was accus- tomed in Congress.

The first session was justly deemed decisive of its fate. The deliberations and proceedings in Congress, always possessing a great influence over public opinion, were now, from the circumstances to which we have alluded, invested with more than ordinary authority. The people looked to that body for information, both as to the princi- ples and measures of the executive part of the government, and the majority of both branches being opposed to the executive, most of the measures recommended by him, were either defeated or so modified, as to materially change the character and effect of the policy proposed.

The administration, then. - had not a fair trial in public opinion. Not having a majority in Congress, its policy was not carried into full effect, and the country had not an opportunity of ascertaining by ex- perience whether it was beneficial or not.

Many of the measures recom- mended by the President, as the Panama Mission, the Bankrupt Law, a National University, a Na- val School, the extension of the Federal Judiciary, were defeated by the opposition ; and others, like the tariff, were so amended, as to produce an effect upon the interests of the country, different from that originally contemplated.

Resolutions too were entertained simply with the view of discussing the character of the administration ; and some of the reports of com- mittees partook too strongly of this partizan complexion. If these proceedings had been confined simply to public measures, or even to political principles, they might have been considered within the bounds of propriety; but they clearly violated them, and tended to convert Congress into a mere forum for political debate, when they brought the personal merits and demerits of the se.veral candi- dates for the Presidency under consideration, and descended to entertain topics which were ad- dressed rather to the prejudices and passions, than to the reason of

MILITIA MEiS.

17

the people. The anniversary of the victory of the eighth of Janua- ry, while it was celebrated through, out the Union, rather as a party than a national celebration, gave occasion to a resolution of this na- ture in the house of representa- tives.

On that day, after the reading of reports from committees was finished Mr. Hamilton moved, " that the committee on the library be instructed to inquire into the expediency of having a historical picture of the battle of New-Or- leans painted, and placed in one of the pannels of the Rotunda." This resolution, which was regard- ed as intended for political effect, produced much discussion. Amend- ments were proposed, adding the battles of Bunker Hill, Monmouth, Princeton, and the attack on Que- bec, and also, some of the naval victories after the battle of New- Orleans.

The house adjourned that day without coming to a decision. The discussion was resumed the next day, and after rejecting every attempt to amend the resolution by the insertion of any other victories, the house rejected the resolution itself, 98 ayes, 103 nays.

This resolution was followed by one of a similar character from the other party. On the llth of January, Mr. Sloane moved a re- solution requiring the Secretary of War to furnish the house with a

VOL. III.

copy of the proceedings of a Court Martial, held 5th of December, 1814, in a detachment of the army under the command of General Jackson, for the trial of certain Tennessee militiamen.

These men had been guilty of insubordination and mutiny, and, having been found guilty, were con. demned to be shot, which sentence was ordered by General Jackson to be carried into execution. It was, however, said that these men were not legally drafted, and of course not liable to the penalties of martial law. The proceedings of the court martial were not strictly formal ; and under these circum- stances, it was supposed that the publication of the official records would prove the General to have been careless of human life, and render him unpopular, as regard- less of those legal formalities and distinctions, which the spirit of the common law has interposedbetween arbitrary power, and the rights of private citizens. The introduction of this resolution created much ex- citement in the house. Several amendments were offered, with the view of including in the call, other papers illustrating the subject ; and the resolution, with the amend- ments, having finally passed, the documents furnished by the War Department, pursuant to the call, were referred to the Commit- tee on military affairs for ex- animation. The llth of February

18

A.VMAL REGISTER,

this committee made a long excul- patory report, justifying the execu- tion of these militiamen, which, by a vote of the house, 108 to 98, was ordered to be printed with the docu- ments in the order, in which they had been arranged by the commit- tee.

Another motion of this charac- ter was submitted on the 22d of January, by Mr. Chilton, a new member, with the view of inquiring into the expenses of the govern- ment. The resolutions originally offered by him, declared it to be expedient to discharge the national debt, and that this could be accom- plished only by reducing the num- ber of public officers ; diminishing the salaries of all that were retain- ed ; and avoiding all expenditures not absolutely required by the ne- cessities of the government. They concluded by a reference to the committee of ways and means, with directions to report the proper mea- sures to be adopted to effect those objects.

These resolutions were well qua- lified, to test the sincerity of the professions of economy and reform, which had been so repeatedly made by a certain class of the opposition, and enabled them to present to the public in detail, their scheme of go- vernment, and the extent of -their contemplated retrenchment.

It did not appear, that the mover had consulted either party in bring- ing them forward. They were.

however, before the house, ami u public opinion had been much agi- tated by the charges of extrava- gance, which had been so widely circulated against the administra- tion, and by their positive denial on the part of its adherents, both parties felt in some measure com- pelled to go into the investigation.

Earnest efforts were made by both parties to give such a direc- tion to the proposed inquiry, as should not injure their respective sides of the question in the pub- lic estimation : the administration party endeavouring to extend the inquiry, so that it should be an ex- amination of the comparative eco- nomy of the present with past ad- ministrations ; while the opposi- tion sought to confine it to an in- vestigation into the contingent and diplomatic expenses of the govern- ment. After debating this subject from the 22d of January, until the 6th of February, the house deter- mined, on motion of Mr. Hamilton, by a vote of 112 to 74, to appoint a select committee to inquire into what retrenchments ought to be made in the number of the officers of the federal government, and in the amount of their salaries; and especially to inquire into the expen- ses of the post-office, the treasu- ry, navy, war, Indian, and state departments ; the expenses of fo- reign intercourse ; and further, to re- port on the manner in which the various contingent funds, and the

RETRENCHMENT COMMITTEE.

19

secret service fund, had been ex- pended. On motion of Mr. Do rsey, the committee was directed to ex- tend the inquiry concerning the ex- penditure of the secret service fund back to the commencement of the fe- deral government, 93 affirmative, 86 negative. The resolution then pass- ed unanimously, and Messrs. Ha- milton, Ingham. Sergeant, Rives, Everett, Wickliffe and Cambreling, were appointed a select committee.

After a long and minute investi- gation into the subjects compre- hended in the resolutions, during which the clerks and other officers of the government were examined in relation to the contingent and other expenses of the departments : on the 15th of May, shortly before the termination of the session, the committee made a report, and Messrs. Sergeant and Everett, the minority of that committee, submit- ted a counter report.

These reports comprehended the whole subject of the discretionary expenditure of the executive part of the government, and contained a statement of the respective views and principles of the opposition and administration parties concerning the projected reform in the federal government.

After stating the course taken by the committee, in the inquiry it was directed to make, the report proceeds to state, that it was impos- sible to institute any effective scheme of retrenchment without the

cordial co-operation of the execu- tive ; and that all the heads of de- partments replied to the inquiry of the committee, that neither the num- ber, nor the salaries of the officers in their respective departments could be diminished with safety to the public interest. It however stated the conviction of the com- mittee, that by a judicious reform on the part of the executive, at least one third of the present num- ber of clerks might be dispensed with ; and that by a new distribution of office hours, an additional saving of nearly one third in expense might be expected.

The committee then went on to recommend a substitution of charge d'affairs, instead of ministers ple- nipotentiary at Colombia and Ma- drid ; and that only consuls gene- ral should be kept at Naples, Gua- temala, Chili, and Buenos Ay res.

A specific appropriation of from $300 to $600 was recommended for the contingent expenses of each mission ; instead of a general ap- propriation for the contingent ex- penses of all missions abroad.

A comparison was then made of the expenses of the state depart- ment, for the three past years of the present, with the three last years of the preceding administration, which gave the following result :

Last Administration. 1822, $173,5579.51

1823, 1824,

314,668.56 27D,731 .27

Present Administration •

1825, $306,73 1. 74

1826, 255,296.20

1827, 287,463.42

This difference in favour of the

fco

\.NMAI, KK<4ISTER, le*a 7-9-0.

1022, $239,450

1823, 154,800

1824, 309,350

economy of the last administration was increased, in the opinion of the committee, after deducting the amount paid for incidental ex- penses growing out of the treaties of Ghent and of Florida, which were extraordinary expenses, and did not afford any test of the econo- my of the expenditures of the state department. For these objects there were expended 8126,603.97 under the last, and $71,679.63 un- the present administration.

The appropriations for the same years were, for the state depart- ment,

lf:-2r>, $336,050

1826, 3.50,932

1827, 290,550

The expenditure from the con- tingent fund, denominated " secret service money," for the same time, were,

1822, nothing 1R25, $1,700.00

1823, $3,000 1826, 1,666.66

1824, 2,130 1827, 8,968.01

The committee recommended the abolition of this fund, in time of peace, and that all expenses un- der it during war, should be ac- counted for at the termination of the war.

In the treasury department, a sim- plification of the mode by which the public moneys were disbursed and accounted for, was proposed, and also that the offices of second comp- troller and second auditor should be abolished. It was also propo- sed to increase the duties and sala- ry of the attorney general, by pla- cing him at the head of a law board,

consisting of the comptroller am! the four auditors, for examining and auditing all contested claims against the United States.

A comparison was then made of the contingent expenses of that de- partment for the six years above mentioned, and the result was, ex- cluding the land office,

1822-3-4, - - $63,803.73

1825-6-7, - - 72,495.63

Including the land office, the re- sult was, during the former pe- riod, $96,407.46

During the latter period, 95,045.59

The average contingent expen- ses of all the departments, during the last four years of Washington's administration, amounted to less than $17,000.

During the first term of Mr. Jef- ferson's administration, the annual contingent expenses of the de- partments, amounted to less than $29,000; and, during Mr. Madi- son's administration, until the war with Great Britain, they amounted to $30,000. The war caused extra- ordinary expenses, but it was now the time, in the opinion of the com- mittee, for these expenses to return to the former rates ; yet the average contingencies of the departments now amounted to $77,454.

In the navy department, the com- mittee thought that some of the con- tingencies were large, especially the expenses of court martials from January, 1824, to September, 1825, amounting to $18,977. The of- fice contingencies of the depart-

RETRENCHMENT COMMITTEE

merit were, during the three last years of Mr. Monroe's administra- tion, as follows : In the secretary's of- ,

fice, . . $6,942.44

In the office of the na- vy commissioners, 4,194.57 During the three first years of Mr. Adams' administration, In the secretary's of- fice, . . . $8,886.53 lit the office of the na- vy commissioners, 5,194.83 In the war department, the com- mittee admitted that the organiza- tion of the department was excel- lent, and the industry and intelli- gence of the officers at the head of the different branches of the staff, were undeniable ; and stated that these things, which were attri- butable to the late secretary, Mr. Calhoun, had produced a more rigid enforcement of accountabili- ty throughout the service.

The business of the department, however, had diminished, and the reduction of its expenses had not been in proportion to the reduction of its business. During the three years of 1819-20 and 21, the ex- penses of the establishment were in a course of reduction, so that the expense of each individual in actu- al service, in those years, were as follows: In 1819, $434,

1820, 315,

1821, 287.

The expenditures through this department, during the periods be-

tween which a comparison was in- stituted, presented the following re-

sults.

1822, $5,467,424

1823, 5,279,740

1824, 5,259,615

1825, §5,750,774

1826, 6,195,281

1827, 5,707,899

The office contingent expenses, during the former period, were $21.707 ; during the latter period. $28,676.

The appropriation for the con- tingencies of the Indian depart, ment, was said to be peculiarly lia- ble to abuse ; and, to guard against a repetition of some abuses which were charged, specific appropria- tions were recommended for each item, instead of one general appro- priation.

The expenses of the post office department were said to be increas- ing ; but in this department the com- mittee found nothing, which did not meet with unqualified approbation. The amount annually expended by the departments for advertising, printing, and newspapers, amount- ed to $6,199.63, for newspapers for the four departments ; to $57,656.51 for printing for the same ; and to $14,174 for the gene- ral post office. This amount of pa- tronage in the hands of the execu- tive, the committee were of opinion, invested it with a direct influence over the public press, and that such a pecuniary censorship must ulti- mately corrupt its conductors.

Believing that no wise, virtuous, and patriotic administration re- quired the aid of a government

ANNUAL REGISTER, lssJT-S-9.

press, the committee proposed to abolish this branch of executive pa- tronage, by causing the laws of the United States to be printed under the direction of the clerks of the Senate and house of Repre- sentatives :

2nd. by directing the laws to be printed in such newspapers as are designated by the state legisla- tures to publish the state laws :

3d. that the printers for con- gress shall publish the laws within the district of Columbia, and also the advertisements for the Depart- ments :

4th. that all the job printing of the Departments, shall be per- formed by contract, and given to the lowest bidder :

5th. that the laws shall be dis- tributed through the mail, and not by special messengers :

6th. and to limit the depart- ments in subscribing to news- papers, by specific appropriations.

In the fixed and contingent ex- penses of congress, the committee thought there existed great abuses. It proposed in order to diminish the duration of the long session, to reduce the per diem allowance to members after the 1st Monday of April, in each year, to 82. It also proposed that the accounts of each member should be certified upon honour, and that the exact mileage from his place of residence should be computed from the statement of thp Post Mnster General. A re-

form was recommended in the mode of printing the public docu- ments— that the practice of folding any documents, except those print- ed by order of congress in the public stationary, be prohibited, that item having, during that ses- sion, already amounted to 501 reams, costing $2,200 ; and to abrogate the privilege given to each member, to subscribe for 3 daily papers at the public expense. It also proposed, with the view of more speedily extinguishing the public debt, an exchange of the 6 per cent, stock, now and hereafter redeemable at the pleasure of the government, for a new stock bear- ing an interest of 4^ per cent. A comparative statement was then given of the average expenses of the government during former ad- ministrations, by which it appeared that the expenses of the federal government, while Washington was President, averaged annually $2,794,222

During John Adams' administra- tion 5,337,088 During Thomas Jefferson's

5,137,599

During James Madison's, before the war with Great Britain

6,106,120

And during James Monroe's in 1822-3-4 9,980,(J48

excluding the $5,000,000, paid for Florida.

The three years of the present administration, $12,427.755

RETRENCHMENT COMMITTEE.

This steady progressive increase of expenditure, they said, afforded just cause of alarm ; and although the Executive was not solely re- sponsible for the aggregate expen- ses, as many of them were the result of legislation by congress ; still, the amount was made up of sums, the disbursement of which depended on his discretion, and the appropriations were made on the executive es:imates and recom- mendations, for which he was pri- marily and ultimately responsible. Strong inferences were drawn against the frugality, and even the purity, of the present administra- tion ; and the committee, in con- clusion, stated, that the session was too far advanced to allow of any of the proposed reforms to be acted on at present, but that it contemplated to bring in bills for that purpose, at some future period.

The minority of the committee did not concur in the view given of the comparative economy of the present administration, and offered a counter report on the subjects submitted to their consideration. This report, admitting the increase of general expenditure, went on to justify it, and to vindicate the pre- sent administration from the char- ges of extravagance in expending the public moneys, and careless- ness in the application of the va- rious contingent funds of the go- vernment. The public expendi-

tures was divided into two general heads.

1. For objects of public service.

2. For the official agency by means of which that service is carried on, and the expenses in- cident to that agency.

The expenditures under the first head, constituting the great mass of payments from the treasury, depend entirely upon the wisdom of congress, by whose direction they are made. They are regu- lated by the nature and extent of the establishments, created and maintained by order of congress, and of the services directed by law to be performed for the benefit of the country.

The greater part of the second class of expenditures, are also regulated by congress. They chiefly consist of fixed salaries payable to officers created by law. The number of clerks, and other persons employed in each depart- ment, and their compensations, are all fixed by law, and they cannot be diminished, except by act of congress.

For the other, denominated con- tingent expenses, such as fuel, stationary, office furniture, and the like, appropriations are made, founded upon estimates annually furnished to congress, and there subjected to rigid examination. The proportion which these expen- ses bear to the whole, is but small.

ANNUAL REGISTER, ib27-b-9.

Thus, when the whole executive expenses amounted to $489,776, the allowance for contingent ex- penses amounted only to $60,905.

The expenditure of this sum must be duly accounted for to the accounting officers of the govern, ment, and is subjected to the same scrutiny as all other accounts.

The expenditures under the se- cond head, being incident to carry, ing the laws into effect, every en- actrnent increasing the branch of public service confided to the care of either of the departments, must produce an augmentation of the ex. penses of that department.

Congress originates the mea- sures to be pursued, and provides the means of carrying them into effect. Upon the will of that body, therefore, must the aggregate ex- pense of the government depend, and the aggregate expense of the executive department must bear some relation to the total aggre- gate of the first class of public ex- penditures.

These are divided into five heads, civil, miscellaneous and diplomatic, and the military and naval estab- lishments.

The civil expenses include those of the congress, executive depart, ment, territorial governments, and the judiciary, and amounted, in the year 1826, which was taken from an example, to $1,256,745.

The miscellaneous consist of the mint, lighthouses, marine hos-

pital, public buildings, survey ol' public lands, roads and canals, and incidental expenses, and amounted to $1,110,713.

The diplomatic comprehend the expenses of foreign intercourse, payments under various treaties, relief and protection of Ameri- can seamen abroad, amounting to $232,719.

The military establishment, in- eluding the pensions, continuation of Cumberland road, military aca- demy, Indian department, &c. amount to $6,249,236, and the naval establishment to 4,218,902.

It is obvious, from an inspection of the items, that the aggregate is the result of the deliberate deci- sion of congress, upon the several branches of the public service, af- ter a careful examination of the wants and means of the nation. The different appropriations have all been repeatedly discussed, in general and in detail, and the pre- sumption is, that they are not great- er than they ought to be. The ex- penditure, however, has not ex- ceeded the income ; no new debt has been contracted ; on the con. trary, a large portion of the pre-ex- isting debt has been discharged, and a surplus of above $6,000,000 left unappropriated in the treasury.

The mere fact that the expendi- ture has been constantly increas- ing, so far from being a just cause of alarm, was what every friend of his country might have expected. It

RETRENCHMENT COMMITTEE .

is the effect, and, in some measure, also the cause of the growth and the increasing prosperity of the na- tion. During the administration of Washington, when the average ex- penditure was but $2,794,222, the average population of the United States was about four millions and a half. It is now about twelve millions.

The valuation of real estate in 1799, amounted to $619,977,000 ; in 1815, it amounted to $1,902,- 296,000.

During the period first mention- ed, there were but thirteen states, represented by sixty-five members in the house, and twenty-six sena- tors. Now there were twenty-four states, represented by two hundred and thirteen members and forty- eight senators.

The contingent expenses of con- gress in 1796, the largest of the first period, were but $11,550; in 1826, they amounted to $66,000.

The whole civil list in that year cost but $447,139. In 1824,the ex- penses of congress alone amount- ed to $600,956; in 1826, to $597,698.

Comparisons, however, of one year with another, or of the ave- rage of expenditures for given pe- riods, must prove unsatisfactory and inconclusive. Such compari- sons would prove that one congress was extravagant, compared with another ; that the average expendi- ture during Mr. Jefferson's admi-

VOL. III.

nistration, was nearly double what it was during General Washington's ; and that under the presidency of Mr. Madison, there was an addition of one fifth to the average annual expenditure.

The only true rule to determine, whether an expenditure is extrava- gant or economical, is its character, and not its amount. To arrive at any satisfactory result, it would be necessary to examine each specific expenditure, its relation to the ge- neral concerns of the country, and then to decide whether it was equi- valent to its object. This is the very work that congress is con- stantly engaged in, and has been occupied with from the commence- ment of the government.

Every expenditure originated in some measure, which congress has decided to be proper ; and. its con- tinuance is owing to the continued conviction of that body, that the measure is suited to the circum- stances and wants of the country. If the same amount of service should cost more at one time than at another, it might naturally lead to inquiry; but if the amount of service has been increased, or the objects of expenditure multiplied, its increase is a matter of course.

The amount of public revenue bears nearly the same proportion to the population of the United States, that it did at the commence- ment of the government. The in- dividual contribution of each riti.

ANNUAL REGISTER, 1827-8-9.

zen, in 1796, (by which time the organization of the fiscal system began to produce its results,) was $1.50. It now amounts to but $1.66 ; a difference not equivalent to the diminished value of money, and not at all in proportion to the augmented resources of the coun- try. Since that period, a navy has been created, and a department for that branch of the public service established ; lighthouses have been erected ; the harbours on the sea coast, and the navigation of the rivers in the interior improved; security provided in case of war, by extensive fortifications ; assis- tance afforded to internal trade and intercourse by public surveys and national roads and canals, now constructed, or in a course of con- struction; and provision made for the declining years of the soldiers ef the revolution.

The amount of the public debt created by the purchase of Loui- siana and Florida, and by the late War, has been diminished as fast as the terms of the loans would admit ; and still a large surplus revenue accrues each year, from the im- posts on importations. The man- ner in which this revenue has been expended upon the above objects, under the direction of Congress, has, in general, met with the appro- bation of the people.

Not that there has been an en- tire unanimity of opinion on this point. Many, who entertain a radi- .oal difference of opinion as to the

extent to which the powers of the federal government ought to be ex- ercised for the benefit of the nation, object, of course, to this augment- ation of expenditure, as the means by which these disputed powers are exercised. They, regard it with jealousy, and are disposed to check it, as tending to overturn their fa- vourite doctrines. Those who hold the contrary doctrines, and who, be- lieving that government possesses these powers, are willing that they should be exercised to effect ob- jects at once legitimate and neces- sary, approve of such reasonable expenditure as the public means will warrant, and the circumstances of the country require.

The whole question therefore is, whether the systematic policy of the government, after having re- ceived the deliberate and repeated sanction of many successive con- gresses, shall be abandoned or maintained. Whether the expen- diture is to be hereafter increased, is a question for the decision of con- gress ; but in the progressive aug- mentation of expenditure, so long as the revenue is more than suffi- cient to meet the current expenses, and to discharge the public debt as fast as it becomes redeemable, the minority of the committee found nothing to indicate the necessity of. retrenchment or reform, or to in- duce the belief, that the government had departed from its original purity.

The report then proceeded to ex-

RETRENCHMENT COMMITTEE.

amine into the second class ofexpen- ditures ; — those of the executive branches of the government.

Those expenses for 1826, the year taken fbr an example, amount- ed to $489,776, about one fiftieth of the whole expenditure.

Of this sum more than $400,000 was composed of compensations fix- ed by law, which could neither be increased or diminished by the ex- ecutive. The residue, amounting to about $80,000, formed the con- tingent funds of the government. These contingent expenses were so called, not because they were not necessary and certain ; but be- cause they were for items, such as fuel, furniture, stationary, &c., the amount of which could not be ascer- tained with precision, in advance.

Estimates, however, were made and sent in, each session, to con- gress, of the probable amount wanted, and the sums appropriated were duly accounted for, at the treasury department. A report was also made annually, and published, containing the names of all persons, to whom these, or any other sums, are paid from the treasury, with the amounts received by them respec- tively. Standing committees were also appointed by the house, at each session, to examine into the expen- ditures of each department, and to compare them with the vouchers. The minority were of opinion, that this branch of public expenditure, was sufficiently wel!* guarded; —

Neither did they concur with the majority of the committee, in their inferences, as to the extravagance of the administration, from the in- creased amount of the contingent expenses of the government. In the years 1826-'27, it became ne. cessary, in consequence of the pro- visions of the law, authorizing the loans of 1813 and 1814, to incur an expense of $12,0t)0 for adver. tising, which amount was included by congress in the appropriations for contingent expenses. This il- lustration proved that this branch of expenditure, was subject to the influence of temporary and unfore- seen causes. The only generally and constantly operating cause in- fluencing it, was, that the extension of the public service, would pro- duce an increase of public expendi. ture, and among the rest, of the con- tingent expenses. Tested by this rule, the result was, that while the average annual expenditure of the years 1822, 1823, and 1824 amoun- ting to $ 10,000,000, wasaccompa. nied by an average contingent ex- pense of $66,793 ; the increased average expenditure, during the years 1825, 1826, and 1827, of $12,500,000, occasioned an ave- rage contingent expense of but $77,454 : the increase of expendi- ture being one fourth, and the in- crease of contingent expenses be- ing only one sixth. The compari- son, therefore, so far as it proved ajiy thing, established an i

•<•&

AiVMJAL REGISTER, 1827-8-9.

vcd economy in the executive de- partment.

The minority then proceeded to examine the comparative state- ments in the report of the majority of the committee, of the expenses of the different departments.

In the state department, they stated that the small appropriation in 1823, was owing to there being a large unexpended balance of the $100,000, appropriated for the South American missions ; and that an appropriation of $89,550 only, was asked for the service of the year 1828. This small appropria- tion only was required in conse- quence of the savings out of the ap- propriations of former years.

As to the secret service fund, the minority thought it necessary. It had been found so, by every pre- ceding President of the United States, and its expenditures must, of course, be under the obligation of secrecy.

An offer was made to the com- mittee to explain, confidentially, some expenses under this head, to which, objections were made ; but as the majority had determined against receiving such confidential explanation, the propriety of such expenditure must be left, where it had been placed by congress, to the discretion of the executive.

The aggregate of contingent ex. penses in the treasury department, being less, during the three years of the present, than during the three

years of the last administration with which they had been compared, no explanation was required ; but the minority doubted the propriety of altering the mode by which the public moneys were disbursed, and thought that a greater simplification of the system might render it too easy to get money out of the public treasury. They also thought, that the manner in which the present system of accounting had been formed, argued great deliberation in its formation ; that it had fully an- swered the expectations of the pub- lie, and they saw no reason to con- cur in the recommendation to abo- lish the offices of second comptroller, and second auditor. They concurred in the recommendation to constitute a board, to superintend suits brought by the United States, with a law of- ficer at its head ; but doubted the propriety of devolv ing that duty up- on the attorney general.

The increase of contingent ex- penses in the navy department, amounting to an average annual in- crease of $648, was accompanied by an actual increase of the busi- ness of the service, of nearly one- fourth. During the first period, (viz. 1822, 1823, 1824,) the amount appropriated for the naval service, was $8,646,577

During the second period, (1825, 1826, 1827,) it was $10,601,836

During the first period, the extra clerk hire amounted to $713

For stationary. Si, 686

RETRENCHMENT COMMITTEE.

29

During the second period, for ex- tra clerk hire, $2,153

Stationary, $2,266

These two items alone, consti- tuted the whole difference refer- red to.

The expenditure through the war department, comprehended various expenses besides those of the ar- my, such as fortifications, pensions, Indian affairs, and internal im- provements. Only a small portion of those expenses were within the discretion of the department ; the larger part were directed by law.

According to a synopsis of three successive periods, of three years each, there appeared to be a ten- dency to increased economy in the first class. The gross expenditures of the two periods between which a comparison was instituted by the majority, showed an apparent re- suit against the present administra- tion, amounting to $1,627,175.

Of this sum, however, $801,216 were composed of additions to the sums annually appropriated to for- tifications during this administra. tion, beyond what had been appro- priated during the same period un- der Mr. Monroe.

Another item of $500,000 appro- priated for extinguishing the Creek title to lands within the limits of Georgia, formed another portion of the excess, and the residue was composed of augmented appropri- ations for arming the fortifications ;

erecting arsenals ; extending the Cumberland road, dec. These items, growing out of positive legislation, together with an addition to the pay of captains and subalterns, by act of congress, relieve the de- partment from the responsibility of the augmentation of expenditure, and show that it was caused by causes beyond its control.

Respecting the expenses of the legislative department of the go- vernment, while the minority were convinced that they have increased in a greater proportion than those of the executive, they did not con. elude that this increase was caused by want of economy.

No doubt was entertained that it would be desirable to shorten the sessions, and to reduce the expense of public printing. Still these topics were so intimately connected with the public business, a part of which was always left unfinished by con- gress, that they were unwilling, hastily, to suggest a remedy.

The minority in conclusion ob- served, that some of the topics commented upon in the report, were new topics introduced in that general report, which was submit, ted to them, for the first time, the morning of the 15th of May, and that, having no previous notice of those matters, they had prepared no explanation.

These reports, of which six thou- sand copies were ordered by the house to be printed, for distribution

ANNUAL REGISTER, 1827-8-u,

among their constituents, brought the question directly before the public, for its decision. On one side, the augmented expenditure of the government was relied on, to prove the extravagance of the ad- ministration ; and, on the other, this increase was shown, to be a neces- sary result of the policy deliberate- ly adopted by the nation. The continuance of this policy was, therefore, properly the question to be decided ; but so much of person- al predeliction and sectional preju- dice entered into the contest, that this question, the real one in issue, was not fairly tried. While those who opposed the policy, united in overturning an administration, which had carried it into effect to the extent of its means ; its advo- cates suffered themselves to be di- vided by other topics, which were skilfully introduced with the view of disuniting them.

Some of those topics have been enumerated in the commencement of this chapter. Others were in- troduced, tending still more to in- flame the public mind, and to pre- vent it from expressing an unbiassed judgment upon continuing the ex- isting policy of the country. In the excited state of popular feeling, the character and services of both candidates were overlooked ; and even congress, in more instances than one, by a party vote, mani- fested that it had forgotten that some respect was due to the high

and honourable station held by one of the candidates.

The example thus given by men. from whose character and station better things might have been ex- pected, was not without its effect upon the community. In conduct- ing the political discussions, which followed the adjournment of con- gress, both truth and propriety were set at defiance. The decen- cies of private life were disregard- ed ; conversations and correspon- dence, which should have been confidential, were brought before the public eye; the ruthless war- fare was carried into the bosom of domestic life ; neither age nor sex were spared ; the daily press teem- ed with ribaldry and falsehood ; and even the tomb was not held sacred from the rancorous hostility which distinguished [the party warfare of the presidential election of 1828.

Judging from the public press, no one could have deemed that one of the candidates was a gallant and successful soldier, who had, with unequalled self-devotion and pa- triotism, rendered to his country important services in the field, and that he had, on various occasions, manifested rare qualities of deci- sion, firmness, and sagacity — that the other was the chief magistrate of the Union ; a man of extraordi- nary talents and learning, of tried patriotism, of blameless morals, and unimpeachable integrity, and whose whole life had been devoted to rc«.

PRESIDENTIAL ELECTION.

dering equally important services to his country, as a legislator and statesman. In this excited state of public feeling, the presidential elec- tion took place, and resulted in the defeat of the administration party, after an animated contest, and the most strenuous exertions on both sides. In the electoral colleges, the vote stood, 178 for General Jackson, 83 for Mr. Adams. (Vide table, infra.)

The election having terminated unfavorably, Mr. Adams, and the members of his administration, turn- ed their attention to closing the business committed to them, and to presenting to the nation a full and clear statement of the existing state of public affairs, before they gave place to their successors. This was done in the President's an- nual message, and in the reports

	Jackson.	Votes at the polls- Jldams	Votes at the polls-
Maine,	1	13,927	8	20,733 Districts.
N. Hampshire,	0	20,922	8	24,124 General Ticket.
Massachusetts,	0	6,016	15	29,876 Do. do.
Rhode Island,	0	821	4	2,754 Do. do.
Connecticut,	0	4,448	8	13,838 Do. do.
Vermont,	0	8,350	7	25,363 Do. do.
New- York,	20	140,763	16	135,413 Districts.
New-Jersey,	0	21,951	8	23,764 General Ticket*
Pennsylvania,	28	101,652	0	50,848 Do. do.
Delaware,	0		3	Legislature.
Maryland,	5	24,565	6	25,527 Districts.
Virginia,	24	26,752		12,101 General Ticket.
N. Carolina,	15	37,857		13,918 Do. do.
S. Carolina,	11			Legislature.
Georgia,	9	19,363		No opp. — Gen. Ticket.
Alabama,	5	17,138		1,938 General Ticket.
Louisiana,	5	4,603		4,076 Do. do.
Mississippi,	3	6,772		1,581 Do. do.
Tennessee,	11	44,293		2,240 Districts.
Kentucky,	14	39,394		31,460 General Ticket.
Ohio,	16	67,597		63,396 Do. do.
Indiana,	5	22,257		17,052 Do. do.
Illinois,	3	9,560		4,662 Do. do.
Missouri,	3	8,272		3,400 Do. do.

Mr. Calhoun obtained the same votes for Vice President, that Gene- ral Jackson did for President, except seven votes in Georgia, which were thrown away upon William Smith, of South Carolina.

Mr. Rush received the whole vote of the administration party, for President.

ANNUAL REGISTER, 1827-8-9.

from the different departments to congress. The message was a concise and masterly account of the condition of the country. It was not sullied by any allusion to the past contest, nor by any reference to the motives or conduct of his opponents. It recommended to congress the different subjects, which, in the opinion of the Presi- dent, required the attention of that body, and concluded by an ex- pression of his continued wish for the adoption of the measures for- merly recommended by him. The contest being over, the business of congress was transacted with less interruption from political discus, sions than usual, and this session was characterized by greater freedom from party asperity, than the last. On the third of March, the President having previously left the govern- ment palace, relinquished the exe- cutive powers ; and the oath of office being administered by the Chief Justice, to Gen. Jackson, he enter- ed upon the administration of the government of the United States.

Thus terminated the administra- tion of John Quincy Adams ; and whatever opinion may be enter- tained of its policy, and its ten- dency, it cannot be denied that its character was marked and de- finite ; and that it exercised a strong influence upon the interests of the country. The merits and demerits of his policy were posi- tive, and not negative. Certain

definite objects were proposed as desirable, and the energies of the government were directed towards their attainment.

The United States, during this administration, enjoyed uninter- rupted peace ; and the foreign po- licy of the government had only in view the maintenance of the dignity of the national character ; the exten- sion of its commercial relations ; and the successful prosecution of the claims of American citizens upon foreign governments.

A portion of these claims upon Sweden and Denmark, was obtain- ed, and the claims which arose against the Brazilian government, during the war between that power and Buenos Ayres, were speedily adjusted by the liquidation of the claims. The exorbitant preten- sions of Great Britain, respecting the West India trade, were resist- ed, although at the expense of the direct trade between the United States and the British islands.

The difficulties which occurred in carrying into effect the treaty of Ghent, relative to deported slaves, and other property taken away, having been found insurmountable, the sum of $1,204,960, which was amply sufficient, was obtained from the British government in satisfac- tion of these claims. A convention was also concluded with that go- vernment, and a mode provided for the peaceable settlement of the long pending, and finally threat-

CHARACTER 01- MR. ADAMS' ADMINISTRATION.

ening dispute concerning the north-east boundary of the United States. The treaty of commerce between the United States and Great Britain, and the convention effecting a temporary compromise of their conflicting claims to the territory west of the Rocky moun- tains, both of which expired by their own limitation, Oct. 20th, 1828, were renewed for an inde- finite period, with liberty to either party to terminate them, on giving one year's notice. Some commer- cial difficulties, which grew out of an adherence of the government of the Netherlands, to the principles of discriminating duties, were adjust- ed to mutual satisfaction. New treaties of amity, navigation and commerce, in which the liberal principles maintained by the United States, in her commercial and fo- reign policy, were generally recog- nised, were concluded with Colum- bia, Austria, Sweden, Denmark, Guatemala, and the Hanseatic league.

It was, however, in the domestic policy of the government, that the character of the administration was most strongly displayed. During its continuance in office, new and increased activity was imparted to those powers vested in the federal government, for the developement of the resources of the country ; and the public revenue liberally ex- pended in prosecuting those na- tional measures, to which the sanc-

VOL. HI.

tion of congress had been delibe- rately given, as the settled policy of the government.

More than one million of dollars had been expended in enlarging and maintaining the light-house es- tablishment ; half a million in com- pleting the public buildings ; two millions in erecting arsenals, bar- racks, and furnishing the national armories ; nearly the same amount had been expended in permanent additions to the naval establish- ment ; upwards of three millions had been devoted to fortifying the sea coast ; and more than four mil- lions expended in improving the in- ternal communications between dif- ferent parts of the country, and in procuring information, by scientific surveys, concerning its capacity for further improvement. Indeed, more had been directly effected by the aid of government, in this respect, during Mr. Adams' administration, than during the administrations of all his predecessors. Other sums, exceeding a million, had been ap- propriated for objects of a lasting character, and not belonging to the annual expense of the government : making in the whole, nearly four- teen million dollars, expended for the permanent benefit of the coun- try, during this administration.

At the same time, the interest on the public debt was punctually pajd, and the debt itself was in a con- slant course of reduction, having been diminished $30,373,188 du. 5

ANNUAL tfEGISTEK, 1627-8-9.

ring this administration, and leaving due, on the 1st of January, 1829, $58,362,136. Whilst these sums were devoted to increasing the re- sources, and improving the condi- tion of the country, and in discharg- ing its pecuniary obligations ; those claims which were derived, from what are termed the imperfect obli. gations of gratitude and humanity, were not forgotten.

More than five millions of dol- lars were appropriated to solace the declining years of the surviving of- ficers of the revolution ; and a mil- lion and a half expended in extin- guishing the Indian title, and de- fraying the expense of the remo- val, beyond the Mississippi, of such tribes as were unqualified for a re- sidence near civilized communities ; and in promoting the civilization of those who, relying on the faith of the United States, preferred to re- main on the lands which were the abodes of their fathers.

In the condition which we have described, in peace with all the world, with an increasing revenue, and with a surplus of $5,125,638 in the public treasury, the adminis- tration of the government of the United States was surrendered by Mr. Adams, who became a private citizen, to Gen. Jackson, his sue- cessor. We cannot characterize the course, the policy, and the fate

of his administration, better than by an extract from Edmund Burke 's description of the administration of Lord Chatham — "A great and cele- brated name, it may be truly called,

" Clarum et venerabile nomen Gentibus, et multum nostrffi quod prode- rat urbi."

"The venerable age of this great man, his merited rank, his superior qualities, his eminent services, the vast space he fills in the eye of man- kind ; and, more than all the rest, his fall from power, which, like death, canonizes and sanctifies a great character, will not suffer me to censure any part of his conduct. I am afraid to flatter him ; I am sure I am not disposed to blame him. Let those who have betrayed him by their adulation, insult him with their malevolence. But what I do not presume to censure, I may have leave to lament. For a wise man, he seemed to me, at that time, to be governed too much by gene- ral maxims.

*' In consequence of having put so much the larger part of his op- posers into power, his own princi- ples could not have any effect or influence in the conduct of affairs.

" When he had executed his plan, he had not an inch of ground to stand upon. When he had ac- complished his scheme of adminis- tration, he was no longer a minis- ter."

CHAPTER II.

Tariff.— General view of the subject. — Former Impost Bills. — Harris- burg Convention. — Congressional proceedings. — Resolutions to examine witnesses. — Bill Reported. — Proceedings in House. — In Senate.— Passage of Bill. — Excitement at the South. — Acquiescence in the Law.

AMONG the most prominent mea- sures which engaged the attention of the 20th Congress, was that for the alteration of the tariff. The loss of the woollens bill, at the close of the last congress, had produced much excitement in the northern and western states ; and measures had been taken, to urge the subject upon the favourable consideration of that body when it re- assembled. The general rea- sons, briefly stated in the last vo- lume in favour of the protection of domestic manufactures, had lost none of their force in the public mind ; and other reasons, derived from the operation of the revenue systems of foreign countries, upon our trade, gave additional validity to those topics which were usually urged in favour of manufactures at home.

The illiberal commercial system of Great Britain, excluded from her ports the staple productions of the northern and western states ; and only the produce of the

south was admitted in return for the admission of all British manu- factures, into the ports of the Uni- ted States. It was similar in prin- ciple, though not in degree, to a commercial system, which should exclude all the productions of the United States, except the sugar of Louisiana, from British ports, while her manufactures were admitted without restraint into this country. A system so partial and oppres- sive in its operation upon the in- terests of all the grain-growing states, had long called for the in- terposition of the American go- vernment. The inhabitants of those states had been compelled, by the inadequate returns which agricultural pursuits afforded, to turn their attention to other em- ployments. Commerce was found to be less profitable, after f .ie peace in Europe augmented competition in the carrying trade ; and manu- factures were the only resource left for the surplus capital and unemployed labour of the country.

ANNUAL REGISTER, 1827-8-9.

By the operation of these cir- cumstances, a strong feeling was produced in favour of an augmenta- tion of the tariff on British manu- factures among two classes of citi- zens ; and its policy defended on two distinct grounds, although it had in view the same ultimate end. These were, to carry out the princi- ples of reciprocity which pervaded the commercial system of the Uni- ted States, and to tax the admis- sion of the British staple manufac- tures, in some proportion to the duty imposed on the importation of the great staples of the United States, into British possessions ; and the other, which was rather a conse- quence than an end, to create employment for American capital and labour, and at the same time to build up the manufactures of the country, and to naturalize the arts of Europe on the American conti- nent.

This was, indeed, the inevitable consequence ; and any augmenta- tion of the tariff must necessarily lead to such a result, so long as the nation was bound by treaty, from making any distinction be- tween the productions of England and those of any other country. These conventional stipulations compelled congress to place Bri- tish manufactures on the same footing with those of all other na- tions; and by preventing a strict ap- plication of the principles of recipro- city, induced that body, in increas-

ing the tariff, to keep in view the ability of the country to supply its wants, and to sustain permanently the manufacture, for whose protec- tion the duty was to be imposed. The duty to be laid would neces- sarily enhance the price of the ar- ticle, until the encouragement af- forded by high profits had brought capital into that branch of business, and reduced the price, by domestic competition, to the lowest rate of profit. The manufacture then be- ing established, would either sub- sist by its own power of sustaining itself, even if the protecting duty should be taken off; or if it could not compete with the foreign manu- facture, the capital invested in the business would prevent any dimi- nution of the duty, except some ex-' traordinary change in the commer- cial policy of the country should justify the sacrifice of so much capital. The policy, therefore, must prove permanent ; and such laws could not, like other retalia- tory commercial regulations, be re- moved, when they had produced a melioration of the prohibitory laws of other nations. The law,« were, however, designed to regu- late commerce ; and, although such considerations, and the collateral consequences of adopting such a policy, compelled congress to take into view its effects upon the do- mestic industry of the country : it was strictly retaliatory in its cha- racter, and was one of those pow-

TARIFF.

.ers originally vested in the federal government, for the purpose of protecting American trade from the hostile legislation of the colo- nial powers of Europe. The great- est portion of the commerce of the United States being with Great Britain, the policy chiefly affected her manufactures ; and the course of trade with that power formed the data upon which its details were established.

The annual importations from Great Britain amount to about $28,000,000, of which, between seven and eight millions consist of cotton, and a like amount in wool- len goods ; and between three and four millions of iron, steel, and hardware.

The productions of the United States, exported in exchange for this amount, consist almost solely of the produce of the planting states ; the cotton, rice, and tobacco alone amounting, according to the custom house returns, to $28,000,000 an- nually, of which, about $24,000,000 are sent to Great Britain. The produce of the grain-growing states being excluded from Great Britain, the exchange is confined to the pro- duce of the planting states, for Bri- tish manufactures ; of which, about four fifths are consumed by the in- habitants of the other states. The equilibrium of trade is restored by the consumption, at the south, of northern produce and manufac- tures ; so that as between the dif-

ferent portions of this country no difficulty exists ; but with Great Britain an inequality arises, from the trade being forced by her reve- nue laws, from its natural course of a direct exchange of grain and lumber for cotton and woollen ma- nufactures, to a circuitous route ; compelling the farmers of the east- ern and western states to carry their produce to a disadvantageous market, in exchange for what they consume. American capital and industry are thus forced from their natural employments, by foreign commercial regulations; and the unfavourable operation of this sys- tem upon the northern and western states, produced a general feeling in favour of retaliatory measures ; and congress was called upon by the inhabitants of those states, to augment the duties on the staple manufactures of Great Britain, in order to bring home to her some of the evils, which her monopolizing policy was inflicting upon other countries. This feeling, which was the origin of the tariff policy, was manifested more strongly after the pacification of Europe. Pre- vious to that event, impatience had sometimes been manifested, at the partial character and oppressive effect of the British corn laws upon American commerce ; and various attempts were made to modify our revenue system, with the view of retaliating upon British manufac- tures. Some principles of this

38

ANNUAL REGISTER, 1827-8-9.

character were engrafted in the first revenue law passed by the federal government; and the de- mand for American productions, created by the convulsions in Eu- rope, alone prevented the vigo- rous prosecution of the policy. In 1816, another step was taken, and increased duties were laid upon many foreign manufactures. This law was enacted rather to prevent anticipated evils, than to remedy any actually felt. It was not, therefore, so much the result of public opinion, as an exertion of foresight on the part of congress. A few years of experience, under the uninterrupted operation of the commercial regulations of the two countries, demonstrated that ine- qualities still existed, and produced the conviction that a further modi- fication of our revenue laws was necessary, for the protection of our trade, and to insure its ad- mission into the British market. The people themselves took the lead, and gave the impulse to con- gress. An unsuccessful attempt was made in 1822. In 1824, the attempt succeeded, and various augmentations in the imposts were made, with the view of protecting American manufactures, and to se- cure to them the domestic market. On some articles of foreign manu- facture, and more especially, on the great British staple of cotton cloths, duties were imposed almost prohibitory, except on those of the

finer kind ; and the experience ot' a few years, established our ability to supply ourselves with manufac- tured cottons, upon better terms than they could be procured from England.

On woollen manufactures, the duty imposed in 1824 proved in- adequate for protection ; and the languishing state of that manufac- ture indicated the ruin of those engaged in it, without further legis- lative encouragement. This en- couragement was also asked, on the ground, that the British Parlia- ment, contemporaneously with the passage of the law of 1824, and with the view of defeating it, modi- fied its revenue laws for the pur- pose of placing the British woollen manufacturer, upon a better footing than he was before. As the law of 1824 was intended to give to the American, a comparative advan- tage over the British manufacturer : there was an obvious propriety, pro- vided the policy was correct, in adopting further measures counter- acting the British acts, passed with the view of defeating that object. Upon these grounds, and other con- siderations of a general nature, which were set forth in the intro- duction to the tariff discussion in the last year's Register, application was made to the 19th congress, for an increase of duties on imported woollens. After a long, and ani- mated discussion, the bill received the sanction of the house, 106 to

TARIFF.

95 ; but was laid on the table (which was equivalent to rejection) in the senate, by the casting vote of the Vice-President. Steps were imme- diately taken, to bring the subject again before congress ; and a ge- neral convention of delegates from the states was held at Harrisburg, with the view of concentrating pub- lie opinion, and to obtain an harmo- nious co-operation in the measures to be taken, for the encouragement of domestic manufactures.

In the convention which assem- bled on the 30th July, 1827, dele- gations appeared from the states of New-Hampshire, Massachusetts, Rhode-Island, Connecticut, Ver- mont, New- York, New-Jersey, Pennsylvania, Delaware, Maryland, Ohio, Kentucky, and Virginia. The more distant states were not repre- sented, in consequence of the short interval between the first call of the convention, on the 14th of May, and the time of meeting ; and the inhabitants of the southern states, being inimical to the whole policy, took no steps to appoint delegates. The convention proceeded to in- quire into the state of the manufac- tures of the country ; andaftermuch deliberation, and investigation, re- commended a memorial to con- gress, asking an augmentation of duties, on the following articles.

To augment the duties on cottons, by increasing the minimum value to 40 cents per square yard.

On bar iron, from 90 to 112 cents

per cwt. ; to impose a duty of one cent per Ib. on hammered bar iron, and a corresponding advance on steel.

On raw wool, costing over 8 cents in a foreign country, 20 cents per Jb., with an annual increase of 2£ cents per Ib., until it amounts to 50 cents per Ib.

And on woollen manufactures, an ad valorem duty of 40 per cent. ; and with an annual increase of 5 per cent, until it amounted to 50 per cent, and to be estimated in the following manner. The minimum valuation, to be fixed at 50 cents per square yard ; all goods, costing over 50 cents, to be valued at $ 2 50 per square yard ; all goods, costing more than $2 50, to be valued at $4 per square yard ; and all goods costing over $4, and not more than $6, to be valued at $6 ; on woollens of a higher price, a similar ad valorem duty was to be imposed. Blankets, stuffs, bombazines, hoziery, mits, caps, and bindings, were to be ex- ceptei from these duties ; but addi- tional protection was recommended for blankets ; and some measures to prevent the frauds of the foreign manufacturer, and his agents, on the revenue. Further protection was generally recommended to the grower and manufacturer of hemp and flax ; and some measures to dis- courage the importation of foreign spirits, and the distillation of spirits from foreign materials.

A memorial to this effect was

\NM AL REGISTER, 18:27-3-9.

accordingly, unanimously recom- mended, and the convention ad- journed.

This step provoked much animad- version on the part of those, who were opposed to this policy. The convention was attacked as section, al in its character, and as unconsti- tutional in its tendency. Measures proposed in a convention, in which only one interest was represented, would necessarily be partial, and operate injuriously upon the other interests of the country. The southern states, not being directly interested in manufacturing, were adverse to any measures for the en- couragement of that interest ; and they were called upon to array themselves against the proposed modification of the tariff. The commercial intercourse with Eu- rope now consisted of the exchange of the southern staples, for manu- factures ; and any disturbance of the existing state of things, would prove injurious to the planting in- terest. The produce of that inte- rest now served as the means of payment, for the whole national consumption of European manu- factures; and the diminution of that consumption, would necessari- ly lessen the demand for their pro- duce. Such were the obvious mo- tives presented to the planters of the south, to justify their opposition to the tariff policy.

On the other hand, it was con- Jended, that a convention, repre-

senting the same interest, in all portions of the country, would be able to present its claims to the con- sideration of congress, with more weight, as founded upon better, and more extensive information ; and would concentrate a greater body of public opinion in its favour.

Any effect, thus produced upon the deliberations of congress, would be favourable to a just conclusion. Ample time would be given for ob- taining accurate information, and for previous discussion ; and the re- presentative, coming with a full knowledge of the interests and opi- nions of his constituents, his deter- mination would probably be merely the embodying of public sentiment. After mature consideration, an im- post system, based upon such a foundation, would be, what all such laws should be, stable, permanent, and become part of the established policy of the government.

That it was sectional in its cha- racter, was true. But this happen- ed, because the different sections of the country had different interests. The manufacturing interest belong- ed to the northern, middle, and west- ern states ; and their inhabitants, of course, took the preliminary mea- sures for its encouragement. It did not, however, necessarily fol- low, that the south was not inte- rested in the adoption of the same policy. It was contended, that the indirect benefits to the south, from the increased consumption of its

TARIFF.

4 i

great staple, 111 the domestic facto- ries, would be more than equivalent to any loss from the diminution of British consumption. But, if they were not, still it was asked, was there any wisdom in sacrificing the great staples of the other states, in order to procure the easy admission of the southern staples, into the Eu- ropean market. In deciding be- tween the claims of conflicting in- t crests ; their relative magnitude and importance afford the best criteri- on for a correct judgment ; and when brought to that test, the claims of the grain-growing sections were greatly the strongest. The propor- tion between the population of the planting and the other states, is about one to three ; and the diffe- rence in the value of their product- ive labour, much greater ; and yet, the existing commercial regulations of Great Britain compel us to sa- crifice all other staples, to those of the south. An enlarged view of our national interests, should induce a speedy adoption of counteracting regulations. The course of affairs in Europe, previous to the late war, opened a market for our grain, and furnished employment for our ship- ping ; but the general pacification, producing a different state of things, compels us to modify our commer- cial system, although it should dis- turb the existing laws which con- trol the investment of capital.

These considerations, connected with others more immediately

Voi. III. 6

affecting the manufacture of wool- lens, hud produced a distinct divi- sion of public sentiment previous to the meeting of congress ; and while the great body of the people in the north and west, composing four fifths of the free population, were favourable to an increased protec- tion of manufactures, the inhabitants of the southern states, were warmly opposed to the whole policy.

Such was the state of public opinion when the 20th Congress assembled ; and as it was generally believed, that the course respec- tively taken by the parties support- ing and opposing the administra- tion on this question, would mate- rially affect their prospects of suc- cess ; much anxiety prevailed con- cerning the view, which the Presi- dent might feel bound to take of this subject in his annual message.

The north-western states, and Pennsylvania, were well known to be tariff states ; and their vote, it was predicted, would depend en- tirely upon the division of parties upon this question.

Contrary to general expectation, no notice was taken of the subject in the opening message to con- gress ; but in the annual report from the Secretary of the Treasury, on the 10th of December, an elabo- rate view was taken of the manu- factures of the country, and their encouragement and protection warmly recommended.

In the house, the standing com-

<v

ANNUAL REGISTER, 16-27-8-9.

inittce on manufactures was chosen by the speaker ;* and it was then publicly stated, that a majority of this committee was opposed to the tariff policy. The friends of the speaker asserted, on the contrary, that five out of the six were from tariff states, and that only one member of the committee was de- cidedly opposed to the tariff. To this it was replied, that it was true, that six of the committee were apparently friendly to the tariff policy ; but that in reality, two only were friendly, and one only oppo- sed, while the other members of the committee were disposed to use the question as a political engine ; and that no law could be expected from a committee so con-r stituted, but one which would be framed more with a view, to affect public opinion in relation to the approaching presidential election, than to advance the manufacturing interest.

To the committee, thus formed, the petitions which flowed in from all portions of the country, both for and against an increase of duties, were referred. The resolu- tions which also were transmitted to Congress from the legislatures of Rhode Island, New- York, New- Jersey, Pennsylvania, Ohio, and Indiana, in favour of an augmenta- tion of duties, and those from Vir- ginia, North Carolina, Sputh Caro-

lina, Georgia, and Alabama, in opposition to that measure, were also referred to the same commit- tee.

On the 31st of December, the chairman of the committee, Mr. Mallary, by direction, submitted a resolution, that the committee be vested with power to send for per- sons and papers. In submitting this resolution, Mr. Mallary stated that he offered this resolution in obedience to the instructions of the committee. He had, however, opposed its passage in the commit- tee, and he should vote against it in the house.

Mr. Strong said, he considered the resolution to be extraordinary in its character ; but he hoped that some member of the committee would show some reasons, why it should be clothed with that power.

Mr. Stevenson stated, that the reasons which induced him to agree to the resolution were, that the memorials praying for an in- crease of the tariff, did not agree as to the facts upon which their prayer was grounded. They do not enter sufficiently into detail, to enable the committee to draw any satisfactory conclusions. The ob- ject of the resolution is, to furnish the committee with more certain evidence ; and to enable it clearly to determine on what articles an increased duty is required, and to

* Messrs Mallary, Vt. Stevenson, Pa. Condict, N. J., Moore. Ken. Wright. N. Y. Stnnbury, Ohio, and Martin, S. C.

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fix the ahiount of protection where any is required. The facts, too, which were thus obtained, will aid them in forming a judgment, as to the mode and manner of fix- ing that amount, and the bearing of the duty on the principle of protection itself.

The object of the committee was to obtain precise and authentic in- formation ; but if the house thought that it had better proceed with the information already in its power, the committee was willing to pro- ceed, but it ought then to be exo- nerated from all errors which it might fall into, from want of better information.

Mr. Stewart rose to offer a sub- stitute to the resolution, by which the house declared it to be expe- dient, to increase the duties on certain imported articles ; but the speaker decided the motion to be out of order.

Mr. Strong objected to the pas- sage of the resolution. This sub- ject had been before Congress for about ten years. All the in- formation that can possibly be elicited, is to be found in the re- cords and reports of the house.

Where does the committee pro- pose to send for persons and papers ? Will the messengers go to Phila- delphia, or New- York ? Will they stop at Boston, or will they go to Machias, and New-Orleans ? What, too, is the nature of the pro- cess demanded ? Whoever is at- < ached by that process, must come

here. His business must be sus- pended, and he must attend. This power is usually given to inform the judgment of the house, in its inquisitorial capacity, to enable it to detect the guilty, and to bring them to punishment. Its object now is, to inform the judgment of an ordinary committee. It was an unprecedented exercise of power ; and he did not believe that the people would submit to it;

Mr. Storrs thought the resolution unnecessary, and that its passage would defeat the whole measure. He hoped that it would be rejected, and that the committee would give the house a project of its own. He concluded, by demanding the yeas and nays, which was agreed to.

Mr. Oakley thought, that the resolution was too general in its terms. With the view of making it more explicit, he moved to amend it by adding " with the view to as- certain and report to this house, such facts as may be useful to guide the judgment of the house in relation to the revision of the tariff of duties on imported goods." The debate continuing, Mr. Oak- ley withdrew his amendment, and offered a substitute for the original resolution, by which the committee were empowered to send for, and to examine persons on oath, con- cerning the present condition of our manufactures, and to report the minutes of such examination to this house.

Mr. Livingston was in favour 6f

A.NMAL REGISTER, 1S27-8-9.

the resolution. The proposition, indeed, was new. It was too new in our legislation.

In Great Britain, where the par- liament sits in London, and where every member has information at hand ; there is not a single com- mercial measure of importance brought forward, where the power of examination is not resorted to. It is a most reasonable practice, and especially in this place, seve- ral hundred miles distant from our mercantile marts.

Mr. S. Wood denied that the house had this power, except in contested elections, and malversa- tions in office.

Mr. Burgess proposed to suspend the discussion, until the records could be examined.

Negatived.

Mr. Carrtbreleng supported the amendment. He did not believe that it would be necessary to send from Machias to Florida. He understood, that delegations were coming: on here from different dis-

O

tricts. He, himself, should wish to be examined before the commit- tee ; and he hoped that the other members of the house would do the same thing.

Some of the manufacturers made one representation, and some ano- ther. For his part, he wished to have a full examination into the subject ; and hoped that the resolu- tion would pass.

Mr. Oaklev said, that in his

opinion, the power of the house was to be found in the law of par- liament, which gives all the power necessary to secure all the infor- mation requisite for correct legisla- tion. Gentlemen are mistaken, if they suppose that it will be neces- sary to use the power coercively. The manufacturers will be anxious to furnish all the information in their power.

As to the delay, the house has it in its power to put an end to the examination, whenever it shall be of opinion that it is carried too far.

Where then was the objection to the resolution ? One gentleman had spoken of the exercise of the power, as dangerous. To meet that objection, he would modify the resolution so as to specify the object, while giving the power.

Mr. Randolph said, that in 1798, a law was enacted, giving power to the chairman of the select com- mittees, to examine witnesses under oath, and that law was re-enacted in 1817.

Mr. Sprague said, that the pas- sage of the resolution was then unnecessary. The gentleman from New-York had said that the wit- nesses will flock to the committee, for the purpose of being examined, and the law conferred the power of examining.

Mr. Oakley said, that he was not aware of the existence of that law. He was indifferent now to the pas- sage of the resolution. He, how-

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ever, hoped, that whether passed or not, the committee would use the power, and procure the in- formation desired.

The amendment then was adopt- ed, 100 to 78 ; and the resolution being put, was passed, 102 to 88.

The committee, thus authorized, issued subpcenas for twelve wit- nesses, who were examined, to gether with nine who voluntarily attended, and seven members of the house. The examination was principally directed to ascertaining the cost of manufacturing iron, steel, wool, hemp, flax, sail duck, spirits from grain and molasses, glass, cotton and paper — the capa- bilities of the country to manufac- ture them, at that time ; and whether any alteration of the duties was required to protect the manufac- turer, against foreign competition.

After four weeks spent in ex- amining the various witnesses, the committee, on the 31st of January, made a report, accompanied by the testimony taken, and a bill, in which an increase of duties was recommended on the following ar- ticles, viz.

On iron in bars, not manufac- tured by rolling, 1 cent per Ib.

On iron in bars, manufactured by rolling, $37 per ton.

On pig iron, 62£ cents per cwt.

On iron and steel wire, not ex- ceeding No. 14, 6 cents per Ib. ; exceeding No. 14j 10 cents per Ib.

On round iron, of three six- teenths to eight sixteenths of an

inch in diameter ; on nail rods, slit or rolled ; on sheet and hoop iron ; on iron slit or rolled for bands, scroll or casement rods, 3' cents per Ib.

On adzes, axes, drawing and cutting knives, sickles, sithes, spades, shovels, squares, (of iron or steel,) bridle bits, steelyards and scale beams, socket chisels, vices, and screws for wood, 10 per cent, ad valorem beyond the present duty.

On steel, $1.50 per cwt.

On raw wool, 7 cents per Ib. ; and, in addition thereto, 40 per cent, ad valorem, until June 30th, 1829; from which time an addition- al duty of 5 per cent, ad valorem shall be imposed annually, until it shall amount to 50 per cent. All wool imported in the skin, to be estimated as to weight and value, and to pay the same rate of duty as other wool.

On woollen manufactures, of which the actual value shall not exceed 50 cents the square yard, 16 cents duty the square yard.

On all of which the value is be- tween 50 and 100 cents the square yard, 40 cents duty the square __ yard.

On all between $1 and $2.50, a duty of $1 the square yard.

On all between $2.50 and $4, a. duty of 40 per cent, ad valorem to be levied, and the goods to be valued at $4 the square yard.

On all exceeding $4, a duty of 45 per cent, ad valorem.

On woollen blankets, hosierv,

4(J

ANNUAL REGISTER, 1827-8-9.

mits, gloves, and bindings, 35 per cent, ad valorem.

On raw hemp and raw flax, $45 the ton, until June 30th, 1829, and then an additional duty of $5, an- nually, until the whole shall amount to $60 per ton.

On sail duck, 9 cents the square yard.

On molasses, 10 cents per gal- Ion.

On all imported spirits, 10 cents per gallon, in addition to the pre- sent duty.

On window glass, above ten inches by fifteen, $5 for every 100 square feet, and charging all window glass imported in sheets, uncut, with the same rate of duty.

On. vials and bottles, not exceed- ing the capacity of six ounces each, $1.75 per gross.

All cotton cloths (except nan- keens from China) of which the cost, together with the custom- house additions, shall be less than 35 cents the square yard, shall be deemed to cost 35 cents, and duty charged accordingly.

The drawback on the exporta- tion of spirits distilled from molas- ses, was to be abolished ; and no . drawback allowed on sail-duck ex- ported in a less quantity than 50 bolts, in one vessel, at one time.

Provisions, also, were reported, to prevent the frauds alleged to exist at the custom-house, and im- posing additional penalties. And it was made the duty of the Secre- tary of the Treasury, to establish.

from time to time, proper regula- tions to carry into effect the policy of the law, and to prevent its eva- sion, and to report the same, with his reasons, at the next session of Congress.

On the 12th of February, Mr. Mallary offered certain amend- ments to the proposed bill, by which the following duties were imposed on woollen goods, viz. on raw wool not exceeding 8 cents per Ib. in value, at the place whence imported, 20 cents per Ib. until June 30, 1829, and after that time 2^ cents per Ib. annually, in addi- tion, until the whole duty amounts to 50 cents. All woollen manu- factures which shall cost less than 50 cents the square yard, shall be estimated at 50 cents cost the square yard.

All woollen manufactures which shall exceed 50 cents in value, and not exceed $2 50 the square yard, shall be estimated at $2 50.

All between $2 50 and $4, shall be estimated at $4.

All between $4 and $6, shall be estimated at $ 6.

And on all woollen manufactures to be estimated as above, and when costing over $6, an ad va- lorem duty of 40 per cent, is to be levied on the actual cost, until the 30th of June, 1829, with an annual augmentation of 5 per cent, until the duty shall amount to 50 per cent.

These amendments were under- stood to express theV>pinions of those

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47

TV ho regarded the bill, as brought forward more immediately with the view of sustaining the woollen ma- nufactories. The bill, on the con- trary, as presented to the house, regarded that interest as secondary to some others ; and was regarded by the eastern members as opera- ting with such peculiar hardship upon that district of country, as to more than counterbalance all be- nefit anticipated, from the augmen- tation of duties on imported wool- lens.

Indeed, the whole course of pro- ceedings now began to assume a marked sectional character, in some measure modified by Lhe political predilections of particular mem- bers. The southern representa- tion was opposed, in mass, to any change, on various grounds ; but chiefly because the present basis of exchange between the United States and Great Britain, viz. of the produce of those states for the consumption of the whole country, was most favourable to their con- stituents. The representatives of the western, and those from the middle states, were desirous of promoting the manufacture of do- mestic spirits, iron, and hemp, du- ties bearing with great severity upon the shipping interest. Most of the eastern members were hos- tile to any augmentation of duties on those articles; although they were in favour of protecting the woollen manufactories, the princi- pal part of which were situated in

their section of the country, and for whose benefit, they contended, the bill was intended, with the view of placing them on the foot, ing contemplated by the act of 1824.

The proposition of augmenting the duties on these articles, pro- ceeded from an unfriendly feeling towards the eastern states ; and the proposal to abolish the drawback on the exportation of spirits manu- factured from molasses, they re- garded as an additional manifesta- tion of the same spirit.

With these dispositions the mem^ bers proceeded to the discussion of this measure. On the 29th of February Mr. White, of Florida, proposed an amendment to lay a duty of 25 cents per 100, in addi- tion to the present duty on foreign oranges imported.

March 3. — Mr. Wolfe proposed an additional duty on imported slates, viz.

Not exceeding 6 inches, by 12 inches in length, $9 per ton ; not exceeding 16 inches in length, $10.50 per ton ; not exceeding 20 inches in length, $12 per ton; not exceeding ^4 inches in length, $13.50 per ton ; exceeding 24 inches in length, $15 per ton ; on ciphering slates 331 per cent, ad valorem, to be estimated at not less than $1 per dozen.

These amendments were all re- ferred to the committee having the bill reported by the committee.

On the day last mentioned, Mr.

\\MAh REGISTER, 1827-8-9.

Mallary moved that the house re- solve itself into a committee of the whole, with the view of taking this bill into consideration.

Mr. M'Duffie objected to this motion, on the ground that the business of Saturday, (viz. the bill making appropriations for internal improvement,) had not yet been disposed of.

Mr. Mallary said, that he felt im. pelled by motives of public duty, to press for the consideration of the tariff bill without further delay ; and he should, therefore, move that the unfinished business be postponed ; and called for the yeas and nays on the motion. It passed in the affirmative, 100 yeas and 87 nays.

Mr. Malhiry now moved to go into the committee of the whole.

Mr. Martin, of South Carolina, 'contended that this motion was not in order, inasmuch as a vote of two thirds was required to post- pone the unfinished business ; but the speaker decided it to be in or- der, and the motion being put, was carried, 108 in the affirmative, and the house went into the committee of the whole, Mr. Barbour in the chair. Mr. Mallary then moved to take up the woollens bill ; but Mr. M'Duffie suggested that the committee had certain unfinished business before it, which ought first to be disposed of. The chair- man said that such was not neces- sarily the course in committees ;

and the tariff bill was taken up, i>,» ayes, 66 noes.

The debate was opened by Mr. Mallary, in a detailed account of the grounds upon which an aug- mentation of duties on certain ar- ticles was desired.

He stated that he did not concur with the majority of the commit- tee in the details of the bill, al- though there was but one dissent- ing voice as to the propriety of some augmentation. Neither was the report drawn by him, although as an exposition of the views of the majority, he had not hesitated to present it.

He then proceeded to certain statistical statements, showing the course of trade between the Uni- ted States and Europe, and the consumption of cotton in the Uni- ted States and Great Britain, in 1827 ; the former consuming 70,000,000 Ibs., and the latter, 204,000,000. The consumption of woollens in the United States he estimated at $72,000,000 per annum, of which $10,000,000 were imported, $22.000,000 the produc- tions of American manufactures, and $40,000,000 the result of household industry.

Other details were given, show- ing the capability of the country to supply its own consumption ; — and Mr. M. then proceeded to state the views of the committee respecting the details of the bill. The duties on iron were generally

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agreed to. The quantity of bar iron annually imported, amounted to $1,600,000, amounting to about 550,000 cwt.

The country was capable of sup- plying itself. Pennsylvania pro- duced about 21,000 tons, and other parts of the country yielded large supplies.

On the subject of woollens, Mr. M. totally differed from the views of the committee. The duty on wool he thought too high, oppres- sive to the manufacturer, and, in the end, by impoverishing him, inju- rious to the farmer. The duty on low priced wool he regarded as par- ticularly improper. Such wool was not produced here, and manufac- tories, in which it is used, were es- tablished, but they could not be sustained if any augmentation of price in the raw material took place.

He then adverted to the duties on woollens, and went into calcula- tions, showing the advantage to the domestic manufacturer, from the mode of levying the duty pro- posed by the amendment. The minimums proposed would give to the foreigner access to the domes- tic market at the minimum points, and the large intermediate spaces would be secured to the American manufacturer.

This mode he thought better than a specific duty, which must neces- sarily be based upon the valuation abroad.

VOL. III.

The duties. on hemp, flax, and sail duck, he thought were not pro- perly adjusted.

A less duty on hemp would have answered as well, and would have proved less burdensome to the ship, ping interest.

As to the duty on molasses, the majority of the committee was in favour of imposing it, with the view of aiding the manufacture of spirits from grain in the western country. He could not reconcile the pro- priety of this duty, to his principles of. protection. The article was one of general consumption as im- ported by a numerous class of our citizens, in all parts of the country — it was of prime necessity. The trade engaged in its importa- tion was important. It employed 100,000 tons of navigation, and a vast number of sailors. The chief articles in exchange were the pro- duce of the forest and fisheries. To all these classes the injury would be positive and great ; and to the whiskey distiller the advantage would be doubtful, or, at most, small. He could not think the be- nefit equivalent to the sacrifice.

The proposed duty on foreign spirits he was in favour of. It was not a necessary of life, and a sub- stitute could be furnished at home.

The abolition of the drawback, seemed to him to be a mistake oo. the part of the committee. The alleged object was to promote the distillation of spirits from grain.

50

ANNUAL REGISTER, 1627

and to introduce them into the fo- reign market. This cannot be ef- fected in this manner. If the dis- tillation from molasses is annihila- ted, the provision is nugatory ; but if it continues, the more that shall be exported the better.

Mr. M. concluded with some ob- servations on the alleged operation of the bill on the different sections of the country.

March 4. — Mr. Barney then rose, and in order to enable him to go into a discussion of the whole bill, although he declared himself in favour of some parts of it, he moved to strike out the enacting clause.

He was in favour of some addi- tional duty on woollens, but he thought this bill did not give relief. It kept the word of promise to the ear, but broke it to the sense.

The increased duties on iron, canvass, hemp, and flax, were pre- judicial to the navigating interest, and Mr. B. enumerated some offi- cial statements illustrating the im- portance of that interest.

The dpmestic flax, and hemp, too, were so inferior in quality to the foreign, that no increase of duty would compensate for the diffe- rence in quality. American hemp sells from $100 to $125 per ton ; Russian hemp from $225 to $260. An additional duty of $10 or $12 will never bring these articles into competition, without an improve-

ment in the quality of the domestic article.

Mr. Stevenson said, that he fell compelled to give the views of the majority of the committee respect- ing the proposed bill. The com- mittee found it necessary, shortly after its appointment, to frame a bill, not only to give relief to the manufacturers, but also having some regard to the claims of the consumers.

The woollen manufacture was chiefly confined to the eastern states, and a powerful interest urged an increase of duty on im- ported woollens.

The identification of this pecu- liar interest with the politics of the day, to the exclusion of all others — the efforts of the middle states to procure protection for other arti- cles in whose manufacture they were interested, such as iron, hemp, wool, spirits, &c. rendered the duty of the committee difficult of per- formance, especially when a pow- erful interest in the union was op- posed to any change. The sub- jects submitted to the consideration of the committee, were insepara- bly connected, for the first time, with the politics of the day ; and it was, accordingly, concluded, to act upon evidence, in order to avoid any suspicion of sinister actions and motives. The time for the bill to go into operation was fixed at the 30th of June, which gave no

'TARIFF.

53

opportunity tor commercial specu- lation after its passage. The same motive induced the majority to re- commend the whole duty at once, instead of a progressive duty.

A different principle in the act of 1824, had caused excessive impor- tations in anticipation of the in. creased duty, and had produced an unnatural depression of prices in woollens the next year, which was one of the causes of the present distress of the manufacturer.

Mr. Stevenson then went into a statement of the reasons, which in- duced the committee to recommend an increase of duty on iron, and showed that Pennsylvania, New- York, Virginia, and some of the western states, abounded in ore, and were able to supply the rest of the union.

He then proceeded, to a conside- ration of the measures in relation to the woollen manufacturer ; and went into calculations, showing, that the quantity of wool annu- ally imported amounted to about 2,000,000 Ibs. and that the in- crease of duty would subject the manufacturer to an additional duty of $250,000 per annum, which was all the encouragement given to the grower of wool.

The amendment proposed by the chairman of the committee, (Mr. Mallary,) would leave the farmer worse than at present, by actually reducing the present duty on fine wool.

The duty on wool was imposed for the purpose of encouraging the farmer to produce a large supply of the raw material, without which the establishing the manufacture would be rendered useless in time of war, when the foreign supply might be cut off. The duty for the encou- ragement of the woollen manufac- turer, was proposed with some re- ference to the statement of the manufacturer himself— that if the raw material was as cheap here, as in England, it could be manufac- tured as cheaply. The duty on fine woollens was comparatively high ; but this was taxing luxury, and with the view of lightening the burdens of the poorer classes.

Hemp, he said, was an article of great importance to the west ; and, although, at present, the high price of Russian hemp operated as a bounty, that difference was not to be permanently relied on. Russia had imposed an export duty which entered into that price, and as that duty might be taken off, he thought a duty should be imposed here so as to afford the farmer an adequate motive to produce it.

The duty on molasses was pro- posed with the view of protecting the western distiller ; and if it caused a suspension of distillation from molasses, so long as the western states could not find a market for their grain, he thought it good po- licy to adopt it. As to what was used for sweetening, the rate of the

A.VM AL REGISTER, 1627-3-&.

increased duty would be less than one half of what was paid for solid saccharine, in the shape of brown sugar.

March 5 — Mr. Anderson follow, ed, in an argument against the bill from the bad effects of the molasses upon the lumber trade, and the fisheries.

He believed, that not a man in the nation would have thought of increasing the duty on molasses, iron, hemp, flax, or distilled spirits, had it not been for the clamour raised in favour of the woollen manufacturers. He saw no evi- dence, that any additional protec- tion was wanted.

The iron manufacturers were do. ing well, and as to steel, it did not appear that there was a single fac- tory in the country.

The duty on hemp, he thought, would prove destructive to a large class of mechanics, — the rope ma- kers ; and it was obvious, from the great existing difference of price, that no duty could bring the Ame- rican hemp grower, into competi- tion with the foreign.

These articles, together with duck, are the great articles of con- sumption in ship building ; a branch, which gives employment to a very numerous class of mechanics, and which will be rendered unproduc- tive, by the heavy duties imposed on these articles.

The duty on molasses, and the

prohibition on the drawback, he considered as peculiarly burden- some to Maine. Their operation, must be to destroy the West India trade, and paralyze the lumber trade, and the fisheries. The amount of molasses, annually imported into the United States, would employ 130,000 tons of shipping, and near- ly 6000 seamen ; while the fishe- ries employ a larger amount of tonnage, and three times the num- ber of men. All this capital will be materially diminished in value, and the existence of a large portion of it actually endangered, by the imposition of this duty.

The advantage proposed by its -imposition, was no equivalent to the loss of this trade ; and he said, Eng- land, to be insured the destruction of this nursery of seamen, that corps which must maintain our claim to the ocean, if it is to be maintained, would stipulate to take all our whiskey at double price. The bill was impolitic in its provi- sions, and most injurious to his sec- tion of the country.

March 6. — Mr. Clairborne oppo- sed the bill generally, as going be- yond the constitutional power of congress ; as partial in its opera- tion, and as injurious to the prospe- rity of the country.

Mr. Floyd observed, that he was not prepared to vote against the whole bill, although he was oppo- sed to some of its details : and sujr-

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gested to Mr. Barney, the propriety of withdrawing his motion to strike out the first section, with which sug- gestion he complied.

The debate on the general prin- ciples of the bill, being now com- pletely open, a long and tedious discussion ensued ; in which the speeches, as we find them in the Washington Journals, with some few exceptions, seem rather intend- ed to secure the orators popularity at home, than to enlighten or con- vince the body to which they were addressed. The general tendency of the argument in favour of the bill as reported, was to prove that it afforded equal protection to all the great interests of the western, middle, and eastern states — that while the woollen manufacture of the east, was protected by an in- crease ofduty on imported woollens ; the farmer, who was a great consu- mer, was in some degree recom- pensed by the protection to native wool, and encouraged to furnish a steady and copious supply of the raw material — that on the other hand, the iron manufacturer, agreat and growing interest in the middle states, was encouraged by the aug- mentation ofduty on imported iron ; and the hemp, flax, and grain grow- ing states, and the western distiller, found equivalent benefits in the other provisions of the bill.

Those who were in favour of the general principle of the bill; but op- posed to its details, and favoured

Mr. Mallary's amendments, con- tended that the high duty on wool, was a positive injury to the woollen manufacturers, for whose relief the bill was chiefly intended ; and that the augmentation of duties on wool- lens, did not afford to them a corresponding compensation : that even these duties were not imposed so as to meet the exigencies of the case : that the duty on hemp, was rather a burden on navigation, than an advantage to the grower, who was not able, under any difference of price, to produce a suitable arti- cle : that the duty on iron was not required to sustain the manufactu- rer, who* was in a prosperous con- dition : that the duty on molasses, was a destructive blow, aimed at the navigation of the eastern states, without any corresponding benefit to the western distiller ; and that the abolition of the drawback, seem- ed to be proposed with the view of further injuring the prosperity of that section of the country, without any assignable motive, except that of settled sectional hostility.

Another portion of the house, took another ground — that of oppo- sition to the principle of the bill. They contended that it was contra- ry to the liberal spirit of the age, and to all the received maxims of political economy : that it bore with great severity upon the south, with- out one compensating principle; and that the difference of opinion be- tween those who advocated the bill.

ANMAL REGISTER, 1827-8-9.

and those who proposed the amend- ment, was only a quarrel about the division of the profits derived from the enhanced cost of the articles to the southern consumers : that it would give the monopoly of supply to the domestic manufacturer, and would create the worst kind of aris- tocracy in the northern states, at the expense of the rest of the union: that the principle of the bill, was in violation of the spirit of the consti- tution, and such as ought to be, and would be resisted. This argument was afterwards renewed upon the passage of the bill, in popular ap- peals ; and the constitutional cha- racter of the measure more distinct- ly considered, in the discussions which took place at a later stage of the proceedings.

We shall now proceed to give an account, of the fate of the amend- ments proposed by Mr. Mallary. — On the 27th of March, they were rejected, ayes 78, nays 102.

Mr. Mallary then proposed amendments, differing from those rejected only in the duty on raw wool, which he now proposed at 40 per cent, ad valorem, until June 30th, 1829, and then an additional 5 per cent, annually, until it amount- ed to 50 per cent.

Mr. Buchanan then moved to strike out all Mr. Mallary's amend- ment, except the duty on raw wool, and to substitute a duty of 40 per cent, ad valorem on imported wool- len, until June 30th, 1829, and then

a similar increase of 5 per cent- until it amounted to 50 per cent.

March 28. — Mr. Buchanan's amendment was rejected without a count.

Mr. Miller then moved an amend- ment, by which a duty of 40 per cent, ad valorem was proposed, on both imported wool and woollens. This being rejected by a large ma- jority, the question recurred on Mr. Mallary's amendment, which was rejected — 97 ayes, 98 nays.

March 31. — Mr. Sprague then moved to strike out those parts of the bill, which provided increased duties on hemp, molasses, and duck. This motion was discussed until April 4th, when Mr. Clark moved an amendment, imposing a duty of 41 cents the square yard on cotton bagging, until 30th June, 1829, and after that 5£ cents. This amendment was carried, 80 to 76 nays.

Mr. Sprague's amendment being divided, the motion to strike out the duty on hemp was decided in the negative, and that to strike out the duty on molasses was also de- cided in the negative — ayes 51, noes 105.

Mr. M'Coy then moved an amendment increasing the duty on saltpetre, which was negatived ; as were several amendments to in- crease the duties on oil cloths, in- digo, and Mr. Wolfs amendments respecting the duty on slates.

Mr. Havnes moved an amend.

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incut, giving a bounty on the ex- portation of cotton, tobacco, rice, flour, corn, and meal, which was negatived.

Mr. Wright, of Ohio, moved an additional amendment, providing a specific duty of 3 cents per !b. on raw wool, and an additional ad valorem duty of 40 per cent., with an annual increase of 5 per cent., until the ad valorem duty should equal 75 per cent.

He proposed to impose duties upon imported woollens, according to the principle of minimums, as proposed by Mr. Mallary ; but a specific, instead of an ad valorem duty, of 25 cents the square yard on the 1st minimum ; $1 the square yard on the 2d minimum ; $1 60 the square yard on the 3d mini- mum ; and on all over $4 the square yard, an ad valorem duty of 45 per cent.

On blankets, a duty of 40 per cent., with an annual increase of 5 per cent., until it amounted to 50 per cent. On stuff goods, bom- bazines, hosiery, &c. 35 per cent. On hemp and flax, $40 per ton, with an annual increase of $2 50, until it amounted to $55 per ton. On sail duck, 9 cents the square yard. On molasses, 7£ cents per gallon. These propositions being rejected, certain other amend- ments were proposed, to increase the duties on imported lead, oil, litharge, silk, currying knives, bolt iron, all which were successively negatived.

Mr. Buchanan then moved to in. crease the duty on foreign spirits from 10 to 30 cents per gallon, which was carried, 83 affirmative, 5<5 negative.

The committee then rose, and reported the bill and amendments to the house.

April 7. — The discussion was again resumed in the house, and Mr. Wright again moved the amendments proposed in commit, tee, relating to blankets and worsted stuffs, which were rejected by the several votes, of 78 ayes, 105 nays, and 73 ayes, 107 nays.

Mr. M'Duffie then rose to reply to some remarks in a printed speech of Mr. Burgess; and a warm personal discussion ensuing between them, in which some allu- sion was made to an elaborate re- port, made by Mr. M'Duffie, as chairman of the committee of ways and means, hostile to the tariff po- licy; Messrs. Dwight, Sprague, and Brent, the only members on that committee friendly to the ad- ministration, severally rose in their places, and disclaimed all know- ledge of that report, or of its ever having been shown to them in the committee, although they did not accuse the chairman of any unfair- ness of conduct or intention, in not having submitted it to the commit- tee when they were present.

The first amendment passed in the committee, imposing a duty of 70 cents the square yard on Brus- sels, Turkey, and Wilton carpet-

50

ANNUAL REGISTER, 1627-8-9.

ing, of 40 cents on Venetian and ingrained, and of 32 cents on all other carpeting of wool, flax, hemp, or cotton, "was carried — 125 affir- mative, 66 negative.

Mr. Wright then offered an amendment, imposing a duty of 30 per cent, ad valorem, on hempen and flaxen manufactures, with a progressive duty of 5 per cent, un- til it amounted to 40 per cent. This was rejected — 48 ayes, 143 nays. The amendment, imposing a duty on cotton bagging, was then con- curred in — 112 ayes, 77 nays.

April 8. — The amendment of Mr. Buchanan, increasing the du- ty on imported spirits from 10 cents to 30 cents per gallon, was rejected — 58 yeas, 131 nays. Mr. B. then moved to strike out 10 and insert 20 cents, which was also re- jected— 90 yeas, 102 nays.

A motion to insert 15 cents, in- stead of 10, finally prevailed — 106 yeas, 87 nays.

A motion made by Mr. Mallary, to strike out that part of the bill relating to wool and woollens, was decided in the negative — yeas 80, nays 114.

April 9. — A motion made by Mr. Stevenson, of Pa., to place bolt iron on the same footing as bar iron, was carried — 117 yeas, 71 nay a.

Mr. Mallary then renewed the amendments respecting wool and woollens, last proposed by him in the committee of the whole, to

which Mr. Buchanan proposed an amendment, providing that all wool- lens, except flannels and baizes, valued at less than 33^ cents the square yard, shall pay only a duty of 30 per cent, ad valorem, with an annual progressive increase of 5 per cent, for two years. This amendment was accepted by Mr. Mallary, as a modification of his own, and Mr. Ingham then moved to strike out the progressive duty on all woollens of : less value than 50 cents per square yard.

This amendment was rejected, and Mr. Davis moved to recommit, the bill, with instructions.

April 10. — Mr. Davis' motion was decided in the negative — 78 ayes, 111 nays.

Mr. Sutherland then proposed certain amendments, one of which, substituting in place of the duty proposed by Mr. Mallary on wool, a duty of 4 cents per lb., and an additional ad valorem duty of 40 per cent., with a progressive an- nual duty of 5 per cent., for two years, was accepted — yeas 100, nays 98. A reconsideration was then moved and carrieti, and the amendments proposed by Mr. S.. respecting imported woollens, were also submitted to the house, with that respecting wool, and the whole carried — 100 yeas, 99 nays.

The amendments proposed on Mr. Mallary's first class of mini- mums, 20 cents per square yard, specific duty, andon woollens cost-

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57

ing less than 33^ cents, 14 cents the square yard.

On woollens between 50 cents and 81, a specific duty of 40 cents the square yard.

On woollens between $1 and $2 50, a specific duty of $1 the square yard.

All woollens between $2 50 and $4, shall be valued at $4, and an ad valorem duty of 40 per cent, le- vied.

On all woollens costing over $4 the square yard, an ad valorem du- ty of 45 per cent.

April 11. — Mr. Wright moved, to add to the above amendment, a clause abolishing the custom-house credit for duties on all woollens im- ported by foreigners. A question of order was made, on the ground that this motion was not made in the committee ; and, the speaker de- ciding it to be in order, his deci- sion was reversed, on appeal to the house — ayes 85, nays 113.

Mr. Starrs then renewed the mo- tion to recommit the bill, with in- structions ; and it was again decided in the negative — ayes 77, nays 121.

April 12. — Mr. Wright moved to increase the specific duty on the least minimum to 25 cents ; but it was rejected — 84 yeas, 115 nays.

Mr. Stewart then moved a pro- gressive annual addition of 5 per cent., for two years, on the two higher minimums of woollens, and an annual addition of 5 cents per

VOL. HI.

yard on the lowest minimum, wu til the whole duty amounted to 50 cents; and on the second mini, mum an annual addition of 121 cents, until the whole amounted to $1 25 the square yard.

These amendments were also rejected — yeas 85, nays 110.

Mr. Stewart then moved to change the mode of valuation from the place of production, to that where they were imported ; but it was negatived — yeas 74, nays 126, Several other attempts were inef- fectually made to increase the duty on woollens, and to diminish it oil wool ; and the question being put on Mr. Mallary's amendments, as modified by Mr. Sutherland, they were adopted — 183 yeas, 17 nays,

April 14. — Mr. Wolf renewed his motion to increase the duty on slates, and Mr. Haile proposed amending it, by adding thereto an increased duty on indigo ; but tho house refused to agree to it — 52 yeas, 145 nays.

After another unsuccessful at- tempt to add thereto a duty of $1 per gallon on castor oil, Mr. Wolf's amendment prevailed — yeas 104, nays 90.

April 15. — Mr. Gorham pro- posed to except ravens duck from the duty on sail duck ; but the house refused — 69 yeas, 123 nays.

Mr. Sprague then moved to strike out the proposed duty on molasses. He did not intend to go into any discussion of the propriety 8

58

ANiNUAL REGISTER, 1827-a-i/.

of this reduction ; and more espe- cially after it had been avowed by several gentlemen from New- York and Georgia, that they would vote to retain this item in the bill; and that they would vote for every pro- position, which could tend to render it odious and oppressive to the country.

A motion was made by Mr. Con- diet to fix the proposed duty at 7 cents per gallon, and decided in the negative ; 95 ayes, 104 nays.

The question then recurred on Mr. Sprague's motion to strike out, and it was lost — 82 yeas, 114 nays.

Mr. Miller then moved to aug- ment the duty on patent floor cloths to 50 cents the square yard ; on oil cloth carpeting 25 cents the square yard ; on floor matting 15 cents the square yard. This was agreed to ; yeas 99, nays 93.

Mr. S. Wright moved to amend the bill, by reducing the duty on flax from $45 to $35 per ton ; which was agreed to.

The previous question was then moved by Mr. Ward, and was sus- tained by the house — ayes 110, nays 91. The question being put, the bill passed — ayes 109, nays 91, and was sent to the senate. In this body, opposition was at once made to even a second reading ; but 26 being in favour of a second reading, it was ordered to a third reading, and referred to the committee on manufactures. On the 30th of April this commit-

tee reported the bill with certain amendments, the purport of which were to impose on,

1st. All manufactures of iron not particularly taxed, and all iron in slabs, loop, or in any other form not particularly specified, to pay the same duty as bolt and bar iron.

2d. Add 10 per cent, ad valorem duty on currying knives, tanner's fleshers, hatchets, and hammers.

3d. To strike out the proviso in favour of woollens of less cost than 33£ cents, so as to make the least minimum 50 cents ; and to impose an ad valorem of 40 per cent, with an additional increase of 5 per cent, after one year.

4th. To change the mode of levying the duty on the minimums of $1, and $2 50, so as to impose a similar ad valorem duty, with the same advance ; and to estimate all woollens of less value than $1 at $1, and all less than $2 50 at $2 50,

5th. To add an advance of 5 per cent, after one year, on the pro- posed duty on all woollens costing over $2 50 and $4, so as to make the several duties 45 and 50 per cent.

6th. A similar advance on blan. kets.

7th. To impose 50 per cent, ad valorem duty on clothing ready made.

8th. To include printed, and all other oil cloths, among the oil cloth carpeting on which additional du- ties were proposed.

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9th. To increase the proposed duty on sail duck one half cent per annum, until it amounts to 12£ cents the square yard ; and on all other flaxen and hempen manufac- tures 10 per cent, ad valorem, in addition to the present duties, ex- cept linens, on which the additional ad valorem duty was to be 15 per cent.

10th To reduce the duty on molasses to 7£ cents per gallon.

llth. To impose an ad valorem duty of 50 per cent, on vermicelli.

On the 5th of May, the bill and amendments were taken into con- sideration, and Mr. Smith moved to amend the first amendment by excepting the iron for rail-roads from the augmented duty on iron ; which was agreed to by the senate, 23 to 22. The question then being taken on the amendment as amend, ed, it was lost, 18 to 24.

The second amendment, rela- ting to currying knives, &c. was also rejected, 20 to 25. The amendment striking out the pro- viso in favour of woollens of less value than 33± cents, was also re- jected, 22 to 24. The other amendments relating to imported woollens, were carried, 34 to 22, except that respecting blankets, which was decided in the negative by the casting vote of the chair.

The amendment augmenting the duty on hemp and flaxen manufac- tures, was rejected, 22 to 24.

The amendment, reducing the

proposed duty on molasses, was negatived, 21 affirmative, 25nega- gative, after an animated discussion.

The amendment imposing a duty on vermicelli was also rejected, ayes 18, nays 24 ; and the senate adjourned.

May 6. — Mr. Kane offered an amendment, imposing a duty of 3 cents per Ib. on lead in bars, pigs, or sheets ; 4 cents, per Ib. on lead shot ; 5 cents per Ib. on red or white lead, and on litherage, and lead manufactured into pipes. He said the western mines were capa- ble of supplying the whole Union.

Mr. Rowan objected to the amendment, on the ground that the United States was the proprietor of those mines, and it was merely laying an additional duty in favour of government. He had voted for the duties on hemp, distilled spirits and molasses, on the principles of the American system ; but he was opposed to it altogether, and in voting for it, he consulted the in- terests of his constituents, and not his private opinions.

The amendment was adopted — ayes 29, nays 17.

Mr. Chandler moved to amend, by reducing the duty on salt, after June 1830, but it was negatived — ayes 19, nays 26.

Mr. Benton then moved to amend by laying a duty of 45 per cent, ad valorem on fur ; which was negatived — 11 ayes, 35 nays.

Mr. Dickerson moved to further

ANNUAL REGISTER, 1827-9-9.

Amend by imposing on all iron in slabs, blooms, loops, or other form less finished than bar, or bolt iron, the same duty as on bar and bolt jron." This was carried — ayes 25, nays 21,

He then moved to increase the proposed duty on sail duck, half a cent yearly, until it amount to 12£ cents the square yard ; which, being amended on motion of Mr. Sanford, so as to exclude all tar, and other materials, except foreign hemp, from the benefit of the draw- back allowed on exported cordage, was agreed to — ayes 28, nays 17.

May 7. — Mr. Parris moved to strike out the section abolishing the drawback on the exportation of distilled spirits.

This motion, after an animated discussion was rejected — 21 ayes, 25 nays.

A motion to strike out the duty on molasses was rejected by the same vote.

Mr. Smith, of Maryland, then moved to postpone the operation of the act, from the 30th of June, to the 30th of September, which was also decided in the negative by a similar vote.

8th. He then moved to impose a duty of 2^ cents per Ib. on sheath, ing copper ; which was decided in the negative — 19 ayes, 26 nays. The 15th of Nov. being then pro- posed as the time for the com- mencement of the act, the senate negatived it — 22 aves. 24 navs.

9th. A motion <o strike out the duties on hemp, flax, cotton bag- ging, sail duck, molasses, and dis- tilled spirits, was decided in the negative — 10 ayes, 36 nays. Mr. Bent on then proposed a duty of $1 per Ib. on indigo.

Mr. Dickerson moved to amend the proposed duty on indigo, by increasing it 5 cents per Ib. and 10 cents per Ib. annually, until it should amount to 50 cents per Ib. The senate being equally divided on this motion to amend, the Vice President decided in the negative. It was then determined, on motion of Mr. Dickerson, to amend by imposing a progressive duty of 25 cents per Ib. on indigo, for 2 years, so as to make 50 cents duty.

The senate divided, on the mo- tion to strike out $1 — 24 ayes, 22 nays ; and the motion, as amend- ed, was negatived — 20 ayes, 24 nays. This proposed amendment being thus disposed of, Mr. Dick- erson renewed his proposition to impose a duty of 5 cents, and then 10 cents, per Ib. annually, until the duty amounted to 50 cents ; which was carried — 30 ayes, 14 nays.

A motion by Mr. Smith, of Mary- land, to dter the duty on cordage, was rejected — ayes 17, nays 28.

12th. Mr. Benton offered seve- ral propositions to amend, which were rejected ; as was a motion by Mr. Smith, of South Carolina, to strike out the duty on cotton bag- ging; a motion by Mr.

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GJ

to strike out the duties on steel and lead ; a motion by Mr. Foote, to strike out the additional duty on distilled spirits.

Mr. Smith, of Maryland, then moved to amend, by postponing the commencement of the additional duty on iron, to the 1st of Septem- ber ; which was carried — 24 ayes, 23 nays.

Mr. Webster moved to strike out the section pointing out the duties of appraisers ; which was negatived — 16 ayes, 31 nays.

Mr. Woodbury moved to limit the increased duty on molasses, to such only as should be distilled. Negatived, 19 ayes, 28 nays.

May 13. Mr. Hayne moved an indefinite postponement of the bill.

Mr. H. said, that the bill was calculated to sever the bonds of union. He frankly avowed that he was willing to introduce any thing into it that would destroy it.

The manufacturers were in a more flourishing condition than any other class, and the southern states, infinitely more distressed than the northern. If they could have fore- seen, that the exporting states would have been taxed by duties on im- ports for the whole expenses of the Union, they would never have join- ed the confederacy.

He denounced the bill as partial, unjust, and unconstitutional, and entered a solemn protest on the part of the southern states, against jts passage.

He was briefly replied to, by Mr. Webster, and the senate divided on the motion ; — 20 ayes, 27 nays ; and the senate then passed the bill as amended — 26 ayes, 21 nays.

The bill and amendments were then sent to the house of repre- sentatives, where, May 15, they were severally concured in, about 67 voting in the negative, and 114 in the affirmative. The bill thus became a law ; and the discussions which had been sufficiently anima- ted in congress, became more so when freed from the restraint of legislative decorum. The ultra opponents of the tariff, now endea- voured to show that the passage of this law was a violation of the fede- ral compact ; and that it was the duty of the southern states to act upon the subject, in their capacity of sovereign and independent states. If they remained quiet, their inevitable ruin was predicted. Great Britain, the principal con- sumer of their produce, would adopt retaliatory measures ; and the clos- ing of their chief market was pour- trayed, as the inevitable conse- quence of perseverance in this policy.

Upon the course of trade, as now established, viz. the exclusion of all our staples except cotton, rice, and tobacco, from British ports, and the admission of British manu- factures into the United States, capital was invested, and particular portions of the country, settled and

ANNUAL REGISTER, 1827-8-9.

cultivated. Any proposition to dis- turb this commercial system was stigmatized as a violation of vested rights, and denounced as a tax upon the planter, for the benefit of northern and western capital. The diverting capital from commerce into manufactures, and supplying the consumers f rum domestic looms, would diminish the importations from Great Britain ; and the loss of her market which now took four fifths of the cotton crop, would seal the fate of the south.

The inevitable consequence of this policy was urged, as a consti- tutional objection to the power of congress to pass laws having such objects in view. It was admitted, that congress might augment the imposts to any amount, but it must be solely with a view to revenue. The collateral effects of a revenue law, upon the course of trade, and the investment of capital, would render it unconstitutional, provided such effects were contemplated by congress at the time of passing it. The powers granted by the consti- tution were all intended for the ge- neral benefit ; this was for the sole benefit of a particular section. Its advocates were called upon, to pro- duce the grant to congress of any power to encourage manufactures ; and it was denied, that any such effects could be produced under a power given for another purpose. This argument excluded such a grant, under the power of laying

impost. One of the chief motives in adopting the federal constitu- tion, was to encourage foreign com- merce ; and this policy aimed to destroy it. Congress might pass any law for the purpose of regula- ting commerce ; but this, having its destruction in view, was un- constitutional. The constitutional power to pass such laws being de- nied, and the authority of the fede- ral judiciary to decide upon its va- lidity being also questioned, a foun- dation was laid for resisting its ex- ecution. The state legislatures were designated as the proper bo- dies to devise the means of resis- tance, and various propositions were made, to defeat the object of the tariff policy.

In order to stimulate the public mind, to sustain them in the decided steps that were contemplated, the most inflammable topics were set forth in periodical publications, and in public orations ; and were urged with all the vehemence and ardour, which characterizes advocates whose faculties have been ripened under the influence of a tropical sun. The constitution, the palla- dium of our liberties, was violated. The tendency of the federal go- vernment to consolidation was now so manifest, that nothing remained, butlo devise some means of pre- serving the peculiar interests of the south, from being sacrificed by the greater power of the nor- thern and western states, guided

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as it was by cupidity and avarice. The federal judiciary was not to be depended on. It had too often shown its inclination, in favour of the constructive powers of the fe- deral government, to be now se- lected as the arbiter of a question, in which the violation of the con- stitution was rather in spirit, than in the letter.

But it was not merely by argu- ments, that the passions of the citi- zens of the south were excited. The most exciting appeals were made to th«m, on the score of inte- rest. The entire loss of their cot- ton market was immediately to fol- low the adoption of the restrictive system ; and this sacrifice of sou- thern capital, was to be made solely for the benefit of the nor- thern manufacturer. " It was time to calculate the value of the union." The southern states al- ready contributed a disproportion- ate share, for the benefit of com- mon protection. The whole reve- nue derived from imposts was re- presented, as being paid by them. They furnished nearly all the ex- ports of the union ; and the reve- nue, it was said, must depend upon our ability to pay for the importa- tions, and, therefore, it was a tax upon the south. Was it, then, to be endured, that a section of the union, which, for a fourth part of a century, had furnished nearly all the exports, and paid the revenue of the government — the transporta-

tion of whose productions to mar- ket had been already burdened by a tax for the encouragement of the navigation of New-England ; was it to be endured that it should be further taxed, for the exclusive be- nefit of the other sections of the country ? The constitution, too, which was intended for the general welfare, and for the protection of federative rights, was made the mere instrument of oppression. With a numerical majority which each succeeding census would in- crease, the manufacturing states were determined to sacrifice the real interests of the south to their own imaginary interests ; and in spite of arguments the most irre- fragable, they prostrated, by mere dint of numbers, the representa- tion of the planting states in the national legislature.

If such disregard of their sec- tional interests were manifested in the infancy of the government; what, it was asked, would be the limit of its power, and the mea- sure of its claims, when age and precedents, long acquiesced in. had strengthened its usurping hands ?

All distinctions between the fe- deral and state governments would be abolished, and swallowed up in its constructive powers ; the rights and local interests of the states de- pended upon the mercy of con- gress ; and the delicate relation be- tween rtiaster and slave placed at

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ANNUAL REGISTER, 1827-8-9

the discretion of a majority hav- ing no interest in its existence, no knowledge of its details, and only stimulated to abolish it by humani- ty without discretion, or by a fana- ticism which regarded no conse- quences. Such were the exciting topics presented to the inhabitants of the southern states, to stimulate them to resistance of the tariff; and measures were taken to make their resistance in an effectual manner, and to give it the force of the con- centrated opinion of the whole southern section of the union. Upon the assembling of the state legislatures previous to the passage of the tariff, committees were ap- pointed, in several of the states, to inquire into the constitutional pow- ers of congress in relation to vari- ous subjects, which were frequent- ly acted upon in that body.

In the state of North Carolina, the joint committee contented it- self with protesting against the passage of the tariff, as oppressive upon the local interests of that state, and as violating the spirit of the constitution. It did not, how- ever, contend, that congress had not the power to lay duties for the protection of manufactures ; and concluded with a resolution, decla- ring it inexpedient to increase the duties on imports.

The remonstrance of the legis- lature of Alabama went somewhat farther ; and, first denying the con- stitutional power of congress to

1 ay duties expressly to protect ma- nufactures, resolved that it was a palpable usurpation, and little less than legalized pillage of her citi- zens, to which she would not sub- mit, until the constitutional means of resistance were exhausted.

It was, however, reserved for the legislatures of South Carolina and Georgia to array themselves in opposition to the national go- vernment, on other subjects be- sides the tariff; while on that their hostility was carried to an excess, which had not often been witnessed in the United States. In the for- mer, the committee reported reso- lutions, declaring the tariff laws- to be a violation of the spirit of the constitution ; that congress had no power to construct roads and ca- nals for the purposes of internal improvement, and no power to pa- tronize or make appropriations for the benefit of the American Colo- nization Society.

The legislature of Georgia con- fined its remonstrance to the tariff and internal improvement ; but after declaring the constitution should be so construed as to deny the exercise of these powers, de- clared, " that as an equal party to that instrument, it would insist upon that construction, and would submit to no other."

In most of these remonstrances, constitutional resistance to the ex- ercise of these unconstitutional powers was recommended; but

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U5

as it was contended that the state governments had a right to inter- fere, and, as equal parties to the compact, to construe the constitu- tion for themselves, and insist upon such constructions as would pre- serve their local interests from the power of congress ; it was obvious that the constitutional means of resistance contemplated, consist- ed in arraying the state against the federal government. The dis- solution of the union was the necessary consequence ; and it was openly contended, that a state had a right, whenever she chose to exercise it, of withdrawing from the union ; and that no constitu- tional provision existed, to prevent her from declaring herself no lon- ger a member of the confederacy.

The character of these proceed- ings, and the tendency of the ar- guments urged in their behalf, brought into discussion the pecu- liar claims of the southern states, and their extraordinary construc- tion of the federal compact. This compact was entered into, for the purpose of protecting the com- merce of the country from hostile legislation, and to aid it, while struggling to obtain admission of its staple productions into the Eu- ropean market. This was one of the chief motives, for the adoption of the federal constitution. After the revolution, the oppressive ope- ration of the commercial system of Great Britain had been the

VOL, III,

chief evil, to which our trade was subjected ; and the main cause of most of the difficulties interposed, to the employment of American labour and capital.

The causes which, by furnish- ing employment to our ships, and a market to our agriculturists, had relieved our government, from the necessity of adopting counteract- ive measures to the exclusive sys- tem of Great Britain, no longer operated. The time had now ar- rived, to put in practice those pow- ers of the federal government — powers which were originally vest- ed in its hands, because local inte- rests had prevented, and would always prevent, the states from using them with energy and discre- tion. These powers, it was true, could not be exercised, without dis- turbing the established and accus- tomed employment of capital ; nei- ther could any tonnage duty, or any revenue law, be enacted, with- out the same effect, as they all more or less affected the rate of profits; and the degree to which this ef- fect was produced, would furnish rather an argument as to the ex^ pediency of the exercise, than to the constitutionality of the power. The simple question was, is the permanent national prosperity best promoted by the continuance of our commercial intercourse with Great Britain, on its present foot- ing, or by an alteration of its terms, according to the details of the ta-

ANNUAL REGISTER, 1827-6-0.

riff. Its operation upon the pros- perity of any particular section of the country, is a subject of delibe- rate consideration ; but if its whole effect be good — if the national wealth be augmented by its pas- sage, congress is justified in pass- ing it. It would, no doubt, be beneficial to the planting states, so to establish our commercial relations, that the consumption of the whole should be paid for, solely in their produce ; but this would be the very sacrifice, and that in a greater degree, than the one to be apprehended from the augmenta- tion of duties. The capital and labour of the north and west are as important as those of the south, and as much entitled to the consi- deration of the national govern- ment. If the operation of the pre- sent commercial system be injuri- ous to them, so that, upon the whole, the mass of the capital of the country is unprofitably em- ployed ; or subjected to the unfa- vourable legislation of foreign coun- tries, it is the duty of congress to provide a remedy. This remedy is, in imposing duties on the great staple articles of the nations with whom we trade, so as to subject their industry, to some of the bur- dens imposed by their revenue sys- tems upon the great staples of the United States. In doing this, re- gard, of course, must be had to the ability of the country to produce, at home, a sufficiency of these sta-

ple imports for its own consump- tion— to its commercial relations — to the permanent and temporary in- vestments of its capital, and all the various employments and branches of industry of its citizens.

After a full consideration of these topics by congress, its decision on. the subject is conclusive. The state legislatures have no power to declare this decision unconstitution- al. This power is intrusted only to the federal judiciary. The state government is, indeed, invested with means to resist the execution of the law ; but, if the local authori- ties venture to exercise them, they must do it in violation of that oath by which they are bound to sup- port the constitution of the United States ; and by arraying themselves against the federal authorities, they place the unfortunate citizens whom they represent, in a state of hostili- ty with the rest of the union, and owing allegiance, both to the go- vernment which declares the com- pact violated, and to that which in- sists on its enforcement, and on a compliance with its obligations. — The national constitution never contemplated such a state of things as possible. It provides only for a peaceable and judicial enforcement of its provisions ; but it intrusts the federal government with the purse and sword of the nation, and impo. ses on it, the positive duties of car- rying into effect the laws of the land. These laws operate over the

TARIFF.

whole territory of the union, and must be enforced according to the intention of congress, in all parts of the country. The state govern, inents may, and often do, protest strongly against particular acts, as unjust, and unconstitutional ; but the habitual affection of their citi- zens to the union, and their reve- rence for the laws, seem to keep

those ebullitions within reasonable bounds, and prevent them from re- sorting to illegal opposition.

The discontent excited by the passage of the tariff, shared the fate of all sectional excitements of a similar character. After threat- ening rebellion, it sunk into a note of violent remonstrance, and at last, expended itself in angry murmurs.

CHAPTER III.

Relations between Indians and colonial governments — scheme adopted for their improvement — Ckerokees — Chickasaws — Choctaws — Creeks — Northwestern tribes — plan for their removal.

THE relations of the aboriginal tribes within the limits of the Union to the state and federal govern- ments, form an anomaly in the his- tory of the world. Not entirely in- dependent, nor yet acknowledging any authority except of their coun- cils and chiefs they exist as distinct communities, surrounded, but not amalgamated with the whites ; their relations with them defined by trea- ties, but with no right of appeal in case of their infraction, and no se- curity for their observance, except the good faith and sense of justice of the stronger party ; governed by their local customs, which, howe- ver, are not recognised as laws by the people who claim sovereignty over the whole country ; with an acknowledged right to the territory they occupy, founded in prescrip- tion, and guarantied by numerous treaties, but without the right of disposing of it at pleasure ; recogni- sing no civilized system of jurispru-

dence, and legislating within their own limits only for their own peo- ple ; their peculiar habits as a dis- tinct class, obviously modified by the influence of civilization, but leaving it still problematical, whe- ther their existence as one of the species of the human race is not ap- proaching its final termination — they present a subject well worthy the consideration of the philanthro- pist, and from which the legislator and statesman cannot avert their attention, without assuming the most fearful responsibility.

By the common consent of civi- lized nations, the aboriginal inhabi- tants of this continent were at an early period assumed to be depen- dent upon the sovereign who occu- pied it by the right of discovery.

All interference with them by any other civilized power, was thus ex- cluded ; and the government, by virtue of its sovereign authority, prohibited or regulated all inter-

70

ANNUAL REGISTER, 1827-8-9.

course between them and its own citizens. They were thus redu- ced to a state of dependency ; but this, in some instances, as in the Anglo-American colonies, was done by acting indirectly upon the In- dians, and by making only the white man amenable to punishment for a violation of the laws regulating the intercourse with them.

Direct usurpation was thus avoid- ed on the part of the civilized an- thorities ; and though in some in- stances hostilities with the tribes, caused by the injustice and violence of the frontier settlers, have npsult- ed in the conquest and occupation of Indian territory, the public faith, and the great principles of natural and national law, have been pre- served inviolable, and substantial justice has been done to them.

Even in the first settlement of the country, the right which the civilized man has to vacant terri- tory was in no instance solely re- lied on. The imperfect right of the aborigines to the vacant wilderness was bargained for, and agreements were made, by which the consent of the chiefs was obtained for the occupation by the whites of certain territory.

The history of the colonial set- tlements shows how generally this right was respected ; and it may be safely asserted, that neither in the Anglo-American colonies or states was it ever pretended that the ab- original had no title to the soil.

The influence of civilization, how- ever, upon the natives, notwith- standing the earnest and zealous efforts of many benevolent men, was unfavourable. They yearly diminished in numbers. The In- dian race, distinguished as it was for so many heroic and exalted qualities, seemed wasting away. The Pequot and Narraganset tribes had already ceased to exist ; and in a few more generations, unless some check could be interposed to the process of destruction, the sword, the pestilence, and the vices which they had acquired from the example of their civilized neigh- bours, without adopting the social and political system which depri- ved those vices of their extermina- ting qualities, would have comple- ted their work ; and the race would be numbered with those, whose language and customs only excite the curiosity of the antiquarian. The gradual recession of this ex- traordinary race from the advan- cing footsteps of civilization, and the disappearance of tribe after tribe from the continent, as it be« came occupied by civilized men. leaving only their monuments to indicate they once had been, exci- ted a melancholy interest in the public mind, even previous to the American revolution. The humane saw, that this process of extinction was every where a consequence of the contiguity of European settle- ments. As philanthropists, there-

INDIAN AFFAIRS.

71

lore, aud as patriots, watchful over the national character, they were desirous to save the Indian from his impending fate, and to elevate him to the rank of civilized man. They felt this to be due, not only to the savages and to their own character, but it was a just tribute to their an- cestors, who had founded this em- pire of civilized humanity in the American wilderness, as an asylum from the oppression and injustice of the old world.

Upon the assumption of inde- pendence, this anxiety was increas- ed by the greater responsibility which devolved upon them, as the sole arbiters of the future relations that were to exist between the ci- vilized and Christian states, estab- lished by their efforts and the igno- rant and heathen tribes within their limits. While they anxiously sought to perpetuate and extend the American republic, they were not unmindful of the untutored savages around them. Even at the com- mencement of their desperate con- flict with the parent country — when their coast was assailed by her fleets, their territory occupied by her armies, and their frontier settlements threatened by the sava- ges, who were regarded as a part of the means " placed by God and nature in her power," to reduce them to submission ; at this mo- ment of impending peril, they for- got not their obligations towards the aboriginals, but deliberately adopt-

ed, as a part of their national policy a plan to improve their condition.

They exhorted them to stand aloof during the approaching con- flict. An Indian department was organized, and placed under the direction of commissioners ; and in the same year that the declara- tion of independence received the sanction of congress, resolutions were adopted, providing for the protection and improvement of the condition of the aborigines, and re- commending measures for the pro- pagation of the gospel, and the intro- duction of the arts of civilized life among them. From that period, down to the adoption of the federal constitution, the efforts of congress were directed to establish peaceful and friendly relations between the United States and the Indian tribes, upon fair and moderate terms ; and upon the adoption of that instru- ment, this philanthropic policy was more fully developed, and carried into effect with more enlarged views and extended means. Pre- vious to that event, difficulties had grown out of the claims on the part of the state governments to participate in the care and estab- lishment of our Indian relations. By the articles of confederation, congress was invested with the pow- er " of regulating trade and ma- naging all affairs with the Indians not members of any of the states, provided the legislative right of any state within its own limits, be

ANNUAL REGISTER, 18^7-s-y.

not infringed or violated." These limitations on its authority, proved the source of much embarrassment under the old confederation.

It was impossible to make any treaties with the Indian tribes, which might not, in some event, be construed as infringing, or limit- ing the legislative right of the state, within whose limits they were si- tuated.

Collisions were also produced, by the express limitation of this power to Indians, who were not members of the states. It was indeed easy to discriminate between the powerful southern and north- western tribes, who claimed to be independent, and by their number and courage afforded substantial evidence of the strength of their claim ; and those feeble remnants that were found in the eastern and middle states, and the Indian reservations. These tribes, whoso numbers seldom amounted to a hun- dred families, deprived of the pow- or of sustaining themselves, par- tially civilized, and accustomed to depend upon the protection and humane care of the local authori- ties, were properly considered as members of the states where they resided. Without any of the attributes of independence — unable to protect themselves from their neighbours, and even from them- selves, it was humane and fit that those who were able should assume the power and responsibility of

controlling and governing them. — They were not regarded as objects of the care of a government instf- tuted for national purposes ; but formed a part of the several com- munities in whose bosom they dwelt, as the gipsies formerly con- stituted a part of the European states.

On the other hand, those tribes which did not come in contact with even the frontier settlements of the colonists, as naturally fell within the jurisdiction of the gene- ral government. They were in- dependent in fact, under the go- vernment of their own chiefs and national councils ; and at the formation of our government, so far from claiming any authority over them, great solicitude was manifested, and great pains taken, by the public authorities, to con- ciliate them, and to preserve their friendship and neutrality.

Between these two classes there was a great distance, and the tribes that did not clearly fall within the one or the other, afforded ground for controversy between the continen- tal congress and the state govern- ments.

The federal constitution w;is framed with full reference to this state of things. In the convention which framed that instrument, seve- ral efforts were ineffectually made to adjust these conflicting claims.

At length the matter was arran-

O

ged, by vesting the treaty-roaking

INDIAN AFFAIRS.

power exclusively in the United States ; making these treaties the supreme law of the land ; and by omitting the proviso, preventing congress from making any Indian regulations, infringing the legisla- tive right of any state within its own limits. The grant of unqua- lified authority to regulate com- merce with the Indians, the exclu- sive right of repelling by force their hostile encroachments, and of making treaties with them, ves- ted the whole power in the gene- ral government.

In pursuance of the authority thus granted, the venerable Wash- ington and his enlightened cabinet proceeded to fulfil their duties, both towards the states and the Indian nations. They intended, if possi- ble, to raise them to an equality with the whites ; and all events to show to the world, in case of their extinction, that the American go- vernment had no participation in hastening that unhappy result.

With this view, provisions were made regulating the Indian trade, and a deliberate scheme of policy adopted for their gradual improve- ment and civilization. Treaties were made with the principal tribes, defining the boundaries between their territory and that belonging to the whites ; and the United States agreed to furnish them with domes- tic animals, implements of hus- bandry, blacksmiths, and, in some instances, " suitable persons to

VOL. TIT. 10

teach them to make fences, culti- vate the earth, and such of the do- mestic arts as are adapted to their situation. The object of these treaties cannot be misunderstood. It was an offer, on the part of the national government to the aborigi- nal of civilization. It was a mani- festation, of one of the most glo- rious attributes of superior intelli- gence, and breathed the purest spi- rit of a religion, which proclaims peace on earth, good will among men.

This offer was accepted on the part of the Indians. Amidst all the degradation which had attended their intercourse with the whites, a portion of them had always mani- fested an earnest wish, to preserve their race from extinction, and to partake of the improvement of their civilized brethren.

Upon this footing, our relations stood at the commencement of the federal government. This govern- ment claimed sovereignty, over the whole territory as defined by the treaty of 1783, to the exclusion of all civilized powers ; but did not assume, to exercise any of its rights over the Indian tribes, which exist- ed as distinct communities. Some of the tribes, had so far diminished in number, as to cease to be objects of national concern. Others, though more numerous, and still preserving their individuality and peculiar laws, had formed relations with the state governments, anterior to the adop

\.\NUAL REGISTER, 1827-8-y.

lion of the federal constitution, which in some measure removed (hem from the jurisdiction of the general government. Such were the Six Nations, three of whom, the Oneidas, the Onondagas and the Cayugas, previous to that period, had ceded their lands to the state of New- York, and accepted of a title to the parts reserved for their own use, as sub-grantees of the state.

At a later period, the Mohawks executed a similar cession.

The Six Nations too, having long before put themselves under the protection of the colonial govern- ment of New-York, as dependents and allies, the ordinary relations between the general government and the Indian tribes, were in some degree modified so far as these na- tions were concerned.

With the powerful southern and north western tribes, these rela- tions, although peculiar and ano- malous, were sufficiently well de- fined.

The tribes were treated as dis- tinct and independent, and the boun- dariesbetween their lands and those relinquished to the whites, were marked out by treaties.

To these treaties, the president affixed his seal, and the consent of two thirds of the senate was requi- red to ratify them, as if made with foreign powers. They then be- came, in the language of the con- stitution, the supreme law of the land. By these treaties, the In.

dians stipulated, to enter into no compact with any other power ; and that the United States should have the exclusive right of regulating their trade ; and the law regulating the intercourse with the Indians operating upon our own citizens, in effect, placed them in a state of de- pendence upon the federal govern- ment, except in their domestic con- cerns and internal regulations. On the other hand, the United States solemnly guarantied to them their lands not ceded, and expressly put all American citizens settling there- on out of their protection, and sub- jected them to the jurisdiction and laws of the Indians.

Provisions were also made for the surrender of criminals, and for the punishment of crimes committed by citizens, within the Indian territory.

There were other relations, grow- ing out of the character of the par- ties to these compacts. While the United States exercised a modified sovereignty over the country, and possessed by treaty (Jie exclusive right of pre-emption of the abori- ginal title ; the Indians occupied and cultivated portions of it as agricul- turists ; used the remainder for hunting grounds ; and held the gua- ranty of the United States for the whole territory, themselves and their posterity.

It might possibly have been sup. posed, that no efforts would avert the fate, to which the original inha- bitants of this continent seemed

1

INDIAN AFFAIRS.

75

destined, and that these stipulations would prove nugatory. This sup- position, however, is inconsistent with the general spirit of these trea- ties, and is scarcely reconcilable with good faith. By the tenor of nearly all these treaties, the perma- nent occupation of their country within the defined limits, by the In- dians, is contemplated by both par- ties : and the United States gene- rally stipulated, to furnish them with agricultural implements ; to cause them to be instructed in the mecha- nic arts ; to endeavour to civilize hem ; and to render them a station, ary people, depending for subsist- ence on the cultivation of the soil. In establishing these relations, the white man was the lawgiver, and the aboriginals acceded to these treaties, because they confided in the good faith and superior intelli- gence of the civilized party. The president of the United States was their great father ; and the general government stood in the relation of an adviser and guardian.

The undefined rights which had before existed, were now modified and settled by treaties. The right, which civilized man had to occupy vacant territory in the wilderness, to the exclusion of the savage, was now changed to an absolute right to the country within specified limits ; while the claim of the aboriginal to the territory where he had hunted, was converted into a guarantied vight to a certain portion of it, defi.

ned by metes and bounds. Pre- vious to this guaranty, their right to a portion of the country was such, as could not be wholly taken away, even for the use of civilized man, without a violation of the great and immutable principles of morality and natural justice. So long as the wilderness is large enough for all, the right which civilized man has to occupy it, must be confined to the vacant territory. It must be exer- cised, so as not to unnecessarily deprive the Indian, of that portion of land necessary for his accom- modation.

To this territory his right is com- plete, and cannot be affected by any claims derived from the supe- riority of civilized man. But when this is converted by treaties into an absolute right, — when the Indians have been encouraged to relinquish their vagrant habits for those of agriculturists, and to attach them- selves to the soil, all this reasoning, drawn from the difference between barbarous and civilized communi- ties, is at an end. — The Indians become possessed of a right to the soil, which they may use in any manner they deem proper, subject only to the condition, that if sold it must be sold to the United States. Until they do that, they may ap- propriate it for farming, for pastu- rage, or hunting ; they may even divide it among themselves, and become a civilized people ; and the federal government bound itself.

ANNUAL REGISTER, 1827-8-9.

and is still bound, by numerous treaties, to promote that desirable object.

Such were the relations between the federal government and the In- dian tribes, when, with the view of determining a controversy, which had existed ever since the revolu- tion, between Georgia and the rest of the Union, concerning the west- ern boundary of that state, an agree- inent was made in 1 802 by commis- sioners representing both parties. By that agreement, each party gave up a portion of its claim ; the state of Georgia relinquishing its claims to the territory, now forming the states of Alabama and Mississippi ; and the United States relinquishing its claim to the territory, between the western boundary of Georgia and a line drawn along the Appalachian ridge to the head of the Ocmulgea, down that river to the great turn opposite Jacksonville, and thence to the head of the St. Mary's. This portion comprehends all the Indian territory. The federal government also bound itself, to ex- tinguish the Indian title within the state ; but mindful of its previous obligations towards the aborigines, this stipulation was limited by a proviso, "when it could be done peaceably and upon reasonable terms."

This agreement did not modify the existing relations, with the In- dian tribes in that state in the least degree. They were not parties to

the agreement, and have never as'* sented to it. — The general gov- ernment, however, in pursuance of these new obligations, proceeded, at its own expense, to extinguish, from time to time, the Indian title of such portions of their territory as they were willing to sell. In this manner, about 15,000,000 acres had been acquired by the state of Georgia, previous to the year 1825. At the commencement of that year 9,537,000 remained in the possession of the Indians, of which 5,292,000 belonged to the Cherokees, and 4,245,000 to the Creeks. The state government had been pressing the general govern- ment, for several years previous to that time, to complete the extin- guishment, of the aboriginal title ; and the general government had vainly endeavoured, to procure the assent of the Indians to the cession of any more land.

They replied, that they had no more than was wanted for their own use ; and that they had resolved not to sell any more. The com- missioners appointed to treat with the Creeks, notwithstanding this refusal, proceeded to form a trea- ty with a small portion of the na- tion, for the cession of all their lands.

This produced great excitement among the Creeks, who caused the two chiefs, signing the treaty, to be executed, for a violation of their laws. The treatv itself, which had

INDIAN AFFAIRS.

77

been ratified by the President and Senate, without any knowledge of the circumstances under which it was executed, was afterwards de- clared void, as fraudulent. .The state government, however, insist- ing on the treaty as valid, in order to prevent any collision between the federal and state authorities, the Creeks were induced to enter into a new treaty, by which their title, to that part of their territory in the state of Georgia was extinguish- ed. During the whole of this con- troversy, of which a more particu- lar account will be found in the vol. of the Register for 1825-6, pages 42 and 343, and in the next vol. page 85, the conduct of the genera] government, although de- nounced by the state, in a tone alike discreditable to its humanity and patriotism, was in conformity with both its express and implied obli- gations.

The Creeks being thus removed from the state, its attention was immediately directed towards the Cherokees. This nation had been long distinguished, for being in ad- vance of the other Indian tribes in the arts of civilization. Some of their chieftains have been really great men, fully sensible of the disadvantages of their condition, and sagacious in devising means to remedy them. Among these chieftains, the late Charles Hicks, and John Ross, now at the head of >he nation, were pre-eminent.

Under their directing counsels, and aided by the policy of the ge- neral government, they have out- stripped all the other tribes in the march of improvement.

Advantageously situated in the northwest of Georgia, and extend- ing themselves into Alabama and Tennessee, they occupy a well wa- tered and healthy country, conve- niently divided into hill and dale. The northern part is even moun- tainous ; but the southern and wes- tern parts are composed of exten- sive and fertile plains, covered with the finest timber, and furnish- ing excellent pasturage. :"\e winters are mild, and the climate healthy. Large herds of cattle and horses are owned by the na- tives, and they are used for cultiva- ting the earth. Numerous flocks of goats, sheep, and swine, cover the hills. The valleys and plains furnish the best soil, and produce Indian corn, cotton, tobacco, wheat, oats, and potatoes. The natives carry on considerable trade with the adjoining states, and some of them carry their cotton down the Tennessee, and even down the Mississippi, to New-Orleans. Ap- ple and peach orchards are very common, and much attention is paid to gardens in the nation. There are many public roads in the nation, and houses of enter- tainment kept by the natives.

Numerous and flourishing vil- lages are to be seen in every sec-

78

ANNUAL REGISTER, 1827-8-9.

tion of the country. Cotton and woollen cloths, and blankets, are manufactured here. Almost every family raises cotton for its own con- sumption. Industry and commer- cial enterprise are extending them- selves through the nation. Diffe- rent mechanical trades are pur- sued.

The most important facts are, that the population is rapidly in- creasing, and that the female cha- racter is much respected.

In 1819, the Cherokees on this side of the Mississippi were esti- mated at 10,000. In 1825 they amounted to 13,563, besides 220 whites, and 1277 slaves.

The religion of the nation is Christian — that religion which, wherever it reigns, whether in Eu- rope, Asia, Africa, or America, elevates its professors above those of other religions.

Another proof is given by this people of their capacity of self improvement, in the alphabet in- vented by one of their native chief- tains, called Guess. Like Cad- mus, he has given to his people the alphabet of their language. It is composed of eighty-six charac- ters, so well adapted to the pecu- liar sounds of the Indian tongue,

O '

that Cherokees, who had despaired of acquiring the requisite know- ledge by means of the schools, are soon enabled to read, and corres- pond with each other. This inven- tion is one of the great triumphs

of the aboriginal intellect. Like the Greeks and the Latins, the In- dians have now found a means of perpetuating the productions of mind. They have erected a bar- rier against the inroads of oblivion. Henceforth their peculiar forms of expression, their combinations of thought, and the suggestions of their imaginations, will be pre- served. An empire of intellect is founded on a stable foundation : and when did such an empire expe- rience a decline, till it had first at- tained the climax of human gran- deur ? A printing press established in the nation issues a newspaper, periodically imparting information, both of domestic and foreign ori- gin, throughout the tribe.

Their political constitution af- fords, another proof of their capa- city 0f self government. Repub- lican in its character, its provisions are better calculated, as expressed in the preamble, " to establish jus- tice, insure tranquillity, promote the common welfare, and secure to ourselves and posterity the bless- ings of liberty," than many of the more elaborate contrivances of their European brethren. The government is representative in its form, and is divided into executive, legislative, and judicial depart, ments. The trial by jury is esta- blished ; and the particular provi- sions of the constitution, while they are calculated to accustom the Cherokees to the principles of our

INDIAN AFFAIRS.

system of jurisprudence, are pecu- liarly well adapted to the anoma- lous condition, in which the nation is placed. The whole is well suit- ed, to secure to the tribe the im- provements already made, and to stimulate them to further advances in civilization.

The neighbouring tribes of the Creeks, Chickasaws, and Choc- taws, have also improved in their condition, though not in an equal degree to the Cherokees.

The Chickasaws are increas- ing, having increased about four hundred within the last five years. Their whole number is about 4000. There are 10 mills and 50 work- shops in that tribe. The orchards are few and small. Their fences cost about $50,000, and their stock of domestic cattle and poultry is worth $85,000.

The Choctaws, in number about 21,000, hold a middle rank in point of improvement between the Che- rokees and the Chickasaws.

The Creeks, whose number is near 20,000, are probably in the worst condition, of any of the four southern tribes.

This inferiority, however, is, in a great measure, to be attributed to the breaking up of their set- tlements under the late treaty, and to the distribution of money among them as a consideration for their land, instead of domestic cat- tle, farming utensils, and other ne- cessary implements.

Having the means, they have

too freely indulged in their darling vices, and, consequently, have, since then, receded, while the other tribes have actually advanced, in civilization.

The northrwestern tribes were in a still worse condition.

They were rapidly wasting away under the unchecked influence of the causes which, in peace, have produced such fearful havoc in the ranks of the red men. Intempe- rance, want, cold, and starvation, all combined to diminish the num. bers, and to debase the character of these unfortunate tribes, still lingering in the north-western states and territories. Notwith- standing the efforts of missionaries, and benevolent men, the expendi- ture of the government, and the care of the agents, their condition has daily grown worse. The rapid settlement of that region of coun- try has brought the savage into contact with the frontier settler, before he has acquired habits of self-control, or become sufficiently advanced in civilization to protect himself from the debasing influ- ence, and demoralizing example of that class, which generally forms the outskirt of society.

His frequent removals from place to place, as a rapidly increasing population has narrowed his limits-; destroyed his game, and prevented him from acquiring settled habits, and improving his reservations, like the stationary tribes of the south. The influence of those

80

ANNUAL REGISTER, 1827-8-9.

combined causes has reduced the north-western tribes to a state of complete dependence, misery, and want; and rendered them objects of commiseration and compas- sion, to all who had an opportu- nity of contemplating their condi-