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26TH CONG....1ST SESS.

is left to determine for himself his own social rank and fortune in life. But whatever this rank or fortune may be, politically, he never leaves that level. And, sir, it is because, in the nature of things, law cannot discriminate in favor of one man without by the same act discriminating to the prejudice of another, that free institutions refuse to discriminate at all. Thus it is that political equality, by making the gratification of each man's hopes depend alone upon himself, stimulates every faculty, discourages every vice, and produces in the end a greater aggregate of virtue and of happiness than any other form of Government allows. These, sir, are the reasons of nature; they were the reasons of those who founded our institutions; and these are the sentiments which the Senator from Kentucky denounces as an assault upon property, as tending to level society. Yes; level, leveler these were his words; and now, sir, I demand to know by what authority in this Government that Senator presumes to lift himself above the common level of his countrymen. Leveler! What friend of liberty, what man of justice and magnanimity, desires to be otherwise? Sir, it becomes not me to speak of myself; but since the Senator from Kentucky rose, as he said, "to mark the Senator from Ohio," I, in my turn, rise to tell that Senator that I would utterly disdain to accept any political discrimination in my favor over the humblest, the poorest citizen, who lives by my side. No; I would spurn it, if for no other reason, because the pride of my soul would never acknowledge a natural inferiority, requiring such discrimination to render me the equal of any man. But again: these sentiments, it seems, assault private rights, tend to public distraction. For this argument the Senator merits not the glory of originality. No, it is as old as the world. It was the first, it is the last, the only argument of despotism against popular government. Every defense of the rights of man, every effort for civil liberty, has ever been and ever will be denounced as tending to the insecurity of property, and, by consequence, to public anarchy. The jure divino right of kings to rule, in absolute despotism over mankind is claimed as a resulting necessity from the danger to which, it is alleged, private rights and public order are exposed by free institutions. This principle of absolute, irresponsible power, so revolting as it is to human reason, so odious to human justice, has long been scouted out from the southwestern portion of Europe. It flourishes in full maturity only in the oriental world, while in the north and in a part of Central Europe, it lives in a form now so modified as to indicate its approaching total decay. But wherever it is found, and in whatever form, it stands upon the same inveterate argument. And, sir, if Prince Metternich, its ablest defender in Europe at this day, were now asked the question, "Can popular institutions permanently exist?" his answer would be, no. In support of this answer he could but repeat the reasoning of the Senator from Kentucky. He would tell you property is insecure; the unbridled will of an unbridled people tends to reduce men and things to a uniform level, and must, therefore, result in anarchy and ruin. Such ever has been, ever will be, the argument of its enemies against civil liberty. Sir, the sentiments we have heard, the efforts we have seen this session in the Senate, portend to this country a gloomy future, if these sentiments and efforts prevail. Public grievances exist, yet the people are to be told, told by the Senate, their own Senate, that they are not allowed to see the evidence of these facts. Such is the case, not only in the present instance, but such was likewise the course but a day or two ago in relation. to the committee's report on the debts of the States. Then, as now, an effort was made to withhold from the people the facts and the reasons upon a subject of the most vital importance to every man in the Republic. But, sir, I regret not this course of Senators. Their hostility to the publication of that report and of these documents will whet the public curiosity to see them; and thousands who might otherwise have remained indifferent will now seek them with avidity. For, sir, there is in our nature a principle of resistance to restraint which prompts us to do whatever we have a right to do, for no other reason than that we are forbidden by those who have no right to forbid.

Repeal of the Salt Tax-Mr. Benton.

A word more. The Senator from Kentucky tells me if I wish to complain of these monopolies to go home to Columbus, to the Legislature. That Senator, on a former occasion, told me to go home. I did so, not at his bidding, but at my own volition. There, sir, I saw the sovereign people face to face; we talked to each other; 1 speak not of results. But, sir, I shall not retort this command on that Senator and tell him to go home. No, not I; I want him here. I would not that he should leave this body for any amount of the best coin my friend from Missouri ever proposed to circulate. So long as that Senator continues here the people will understand the principles of his party, and that is all we desire. Long, therefore, may he remain; and, as an individual, long may he enjoy health and happiness.

Mr. PRESTON said he was in favor of a repeal of this duty; and when the question came before the Senate he should vote for the repeal. It was one of the absolute necessaries of life, and he was in favor of so raising our revenue as to make it fall principally on articles of luxury. But he could not permit the remarks of some Senators who had participated in this debate to pass without notice. He thought their tendency was mischievous in the highest degree. He thought these appeals to the passions of the people, which were becoming so frequent of late, should not receive the countenance of the body. Such appeals had been the means used by demagogues in all ages to enslave the people whose name they invoked in their inflammatory appeals. The atrocities of Danton, of Marat, and of Robespierre, were all perpetrated in the name of the people, who were massacred in myriads, and whose blood was shed upon a thousand scaffolds, under the orders of these monsters in human shape. Gentlemen, by their remarks, would lead us to believe they intended to advance the position that this was a Government of the people, which would be entirely subversive of the principles upon which it is based. This was a confederate Government, composed of sovereign States. We are the representatives of sovereign States, and the representative of a State with one hundred thousand inhabitants is equal on this floor to him who represents a State with a million inhabitants.

He regretted to see the prevalence of such disorganizing and leveling doctrines, which were of the Fanny Wright school of politicians, and were as destructive of the rights of property as they were contrary to the principles and spirit of our institutions.

Mr. BENTON was well pleased that the Senator from South Carolina [Mr. PRESTON] Would vote for the abolition of the salt tax; it would be a good vote, and would offset his speech against printing. He was sorry to hear the old monarchical cry against attacks on property. It was an old cry, beginning with the origin of monopolies and continued down to the present day. There were but two parties in politics, and never had been, and never would be. They had existed always, and might be seen in the Bible-in first Samuel-as well as in all profane history. One of these parties, after getting undue advantages, formerly by force, now by corporations and monopolies, always raise the cry of attacks on property when any of their undue acquisitions are in danger. This old cry had long been worn out. It was actually used up by the Federalists about forty years ago. And with what face invoked now? A parcel of salt monopolizers, who rent furnaces and wells to be idle; who hire owners of salt water not to dig for it; who poison their salt by adulteration; who stint the supply to the community; who district the country and allowance it, and allow it not half enough; these monopolizers, by their defenders on this floor, cry out that their property is attacked when we propose to prove their monopoly and its abuses, and repeal the salt duty which, by impeding the importation of foreign salt, enables them to monopolize all that is made at home.

Mr. B. said, who objects to the printing of this testimony, showing the salt monopoly in the West? Who objects to the printing? The very party and the very persons who printed six large volumes of panic memorials and petitions for the Bank of the United States during the panic session of Congress! These are the gentlemen who

SENATE.

object to this printing. We have evidence, drawn from nearly thirty counties in Missouri, signed by several hundred citizens of known character, and objection is made to printing their testimony, and made by those who printed six volumes of panic petitions for the Bank of the United States, signed by the retainers of the bank, and by unknown persons, and, as was said at the time, by the dead, for it was said that the names of the dead were upon them, and that many of the petitions looked like they had got their names from the tomb-stones.

Mr. B. said here was a new attempt at panic, but it could not succeed. The attempt now is to make people believe that property was attacked. It was a weak attempt, and would end ridiculously. The time had gone by for these successful assaults on the nerves. Without the aid of the Bank of the United States no panic could be made in this country, and that institution had now got too weak and too low to be able to make alarm and

distress. Far from attacking property, it was monopoly which was attacked; and the only effort was to prove the salt monopoly and abuses and to withdraw from it the aid and support of the Federal Government. The Government aided this abuse by its tax on foreign salt, and the only application was to withdraw the aid by abolishing the tax.

Gentlemen said the tax was a trifle-only six or eight cents. Did these gentlemen know that that was a tax of near one hundred per cent. on Turks Island salt, and upward of one hundred on Portuguese and Spanish salt, and near two hundred per cent. on Italian and Adriatic salt? If they knew this, they should not call the tax a trifle; if they did not, let them vote for printing the papers presented, and they would learn it. They would learn that the price of alum salt, the import price, was from eight or nine cents a bushel down to two and a half and three cents a bushel.

Mr. B. said, if the tax was nothing, why did the monopolizers wish it to be kept up? If it answered them no purpose, why object to its sup pression? Their language was one thing and their conduct another. They know that a duty of one cent is just as good for them as a duty of twenty cents. All they want is a duty, no mat-. ter how small; anything that will compel the importer to go to the custom-house and procure American security for the payment of the tax. The credit on the salt duty is nine months, but American security must be given; two American citizens must be got for security. This throws the foreign salt into the hands of those who make it a business to furnish this security. This creates a barrier to the free importation of salt, and enables the monopolizers and their associates to get possession of the foreign salt at New Orleans, and possession is all they want. One cent duty is as good to them as twenty; and therefore they struggle as hard to keep up a duty of six or eight cents as they did to keep up a duty of twenty cents. Any duty will answer their purpose, and therefore they struggle as hard for the smallest duty as for the largest. In this they were like the Bank of the United States, which struggled as hard for a six years' charter, or for a twelve years' charter, or for an elongated charter, as it had done for the full term of twenty years; and why? Because any charter which prolonged it a few years would prolong it forever. This it knew, and therefore worked violently for the shortest term, no matter how short. So of these salt monopolizers. Any duty which throws the importer of salt upon their agents or accomplices for American security will answer their purpose. They will be satisfied with one cent duty.

Mr. B. scouted the charge of attack upon prop erty as being equally stale and unfounded, and said that no false issues should go from the Chamber. The attack was upon an odious, infamous, and diabolical monopoly-a monopoly which would cover its authors and defenders with blushes if the papers which he offered could be printed. Mr. B. then read several extracts from the papers to prove the monopoly and its great abuse in suppressing the manufacture of salt, in adulterating it, in raising the price, in giving false measure, and in districting, allowancing, and stinting the western country.

Mr. B. said that combinations to raise the price

26TH CONG.... 1ST SESS.

of a necessary of life was a crime by the laws of all civilized countries, and was punished as such; yet here, on the floor of the American Senate, such a combination was not merely defended, but to ask the United States to cease to aid and encourage it was called an attack upon the property of the monopolizers! Such is the perversion of judgment and feeling which even penetrates this Chamber in this age of monopolies and chartered privileges! He said it was nearly as bad now as it was in John Law's time, under the Regent Duke of Orleansthe Mark Antony of modern times-when monopoly was the order of the day; and when dukes, counts, and marquises, were engaged in monopolies of soap, grease, hay, oats, sugar, spices, coffee, &c.

Mr. B. said it was curious to see the parallel between the present times and those of John Law. He was the father of the credit system, as it is called; that is to say, the system of fictitious and baseless credit-credit which has neither property nor character to rest upon, nothing but the impudence of the creditee and the credulity of the creditor, and the credit of the creditee in multiplying his funds by ten. This was the whole credit system of Law. Decupler was his word. Multiply by ten was his game. With a capital of $100,000 do business for $1,000,000, and draw profit upon the $1,000,000; this was his plan, and it is the plan now followed by the United States, and with the same results in all things, and especially in the business of monopolies. Everything is now a subject of monopoly in the United States, all aided and engendered by the bank monopolies. Beef, bacon, pork, butter, eggs, flour, salt, all, all fall into the vortex of monopoly; and the most odious of these, that of the salt monopoly, is aided and fostered by our duty on foreign salt.

Repeal of the Salt Tax-Mr. Wright.

any one who had listened to this debate, without
a knowledge of these facts, have supposed this
to be the question under discussion? Would they
not rather have supposed that the bill for the re-
peal of the duty on salt, or some measure having
for its object the punishment of monopolies and
frauds in the dealers in salt, was now before the
Senate and about to receive its action? It seemed
to him that no other conclusion could have been
formed by the impartial listener to the discussion.
Yet no such proposition as either of these had
been presented by the Committee on Finance.

It was true a bill had been introduced by the
honorable Senator from Missouri proposing to
repeal the duty on salt, and that bill had been re-
ferred to the Committee on Finance; but it was
also true that the committee had not yet even
taken up that measure for consideration, much
less made any report upon it. It remained in the
hands and possession of the committee wholly
unacted upon, and was not in the possession or
within the reach of the Senate for its action. Still
the debate would have compelled a hearer to sup-
pose that the committee had reported back that
bill, had recommended its passage, and were now
urging the Senate to final action upon it. Not
only so, but the further impression would be pro-
duced that the Committee on Finance of the Sen-
ate had originated and presented to the Senate
penal enactments against those who had attempted
to govern the price of salt in various parts of the
country by associated monopolies.

SENATE.

this system been carried, that of some hundred and sixty manufactories at Kanawha, but forty had been worked for the year, the remaining one hundred and twenty being hired to remain closed, while salt to the consumers dependent upon these works for their supply had been raised to the enormous price of three dollars, and he believed sometimes even much higher, for the bushel of fifty pounds weight.

Another practice was also disclosed, not less reprehensible, and perhaps infinitely more injurious to the public. This was the practice of adulterating, by system and design, the small quantity of salt made and thus sparingly dealt out to the community under the arrangements for extortion before described. The adulteration was effected by using chemical agents to retain in the salt impurities held in solution in the water, and which, without being thus retained, would be principally, if not entirely, separated and excluded by the simple process of boiling. Tallow was said to be the principal agent thus employed, and such was the effect described to be, that, while the salt made would have a more rich and white and beautiful appearance to the uninstructed eye, one hundred pounds of tallow was considered equivalent to the ordinary rent of a manufactory for a season, or about five thousand bushels of salt.

Mr. W. said he would go into no further detail as to the contents of these papers, nor would he stop to consider the pertinency of the facts he had stated to the salt bill in the hands of the committee. It was enough for his purpose that the statements were made, that they were laid before the Senate and the committee as facts, that they rested upon responsible authority, and that they were deeply interesting to the whole country. These considerations were sufficient to induce him, as a member of the committee, to recommend the printing, and would induce him, as a member of the Senate, to vote for it.

It was his duty, standing as he did in relation to that committee, to correct impressions so erroneous, and so certain to follow wherever a report of this debate should go. The committee, as he had already said, had not even considered the bill to repeal the duty upon salt. They had not, so far as he knew, formed any opinion in regard to that measure. Certainly they had not, as a committee, expressed any opinion upon it; much less had they attempted to assert the right in Congress to punish monopolies and mischievous as- The charges against the manufacturers of and sociations in the States of the Union of any chardealers in salt are grave and particular. Are acter. They had simply recommended the printing they founded in truth? If so, the public ought to of certain papers referred to them by an express have full possession of them. Are they false? order of the Senate touching the subject of the They ought to be made known that they may be salt bill and the fishing bounties, though he did met and refuted. Why then should we refuse to not himself consider a portion of the papers as print the papers? Upon what grounds was the relating very directly to any of the provisions of motion opposed? Strange as it might seem, printhe bill before the committee. Yet that portion cipally upon the ground that the printing would of the papers was, as he thought, and as the com- be an infringement of the rights of the States! mittee thought, well worthy of publication. They. An infringement of the great State-rights prindisclosed facts deeply interesting to every inhab-ciple in our system for the Senate to order the

Mr. B. said he never felt more hearty in any cause than in this attack upon the sait tax, its monopoly and abuses. Not even in the case of the most glorious expunging resolution did his feelings and judgment go more ardently together. He was an enemy to a salt tax by itself, and to a monopoly by itself; but here both the tax and the monopoly went together; the two abuses were united and produced unmeasured mischief to the community; and he pledged himself to the Senate and the people to make battle against these abuses until they were abolished or until his capacity.for battle ceased. What he said now was nothing. When he got the papers printed he should bring out the facts, which would be worthy of the public attention. In this nineteenth century the facts and the reasons were all that was wanted. Regular-itant of the whole country, to every interest conbuilt orations were now nothing.

Mr. B. returned to the question before the Senate, which was, not the repeal of the salt tax, but the printing of the papers to show that it ought to be repealed. One thing at a time was enough. When the question of repeal came on he would go into it with a spirit to go through it, and would thank the friends of the tax for their custom. For the present he wanted the information printed, which would show the injury done to the country by the duty on foreign salt, and the injury done to the Treasury by the fishing bounties and allowances. The salt document printed last spring had done great good; it had killed the salt tax as far as it went. He believed no one read it without being convinced that the tax ought to be repealed. The wrath of the friends of the tax against this document shows its value to the country. They denounce it for the harm it does their cause and the good it does ours. So of the present papers; they oppose the printing because it will complete the work which the other document began. They oppose these papers for the same cause they opposed the others.

Mr. WRIGHT said he rose to ask what was the question before the Senate. The debate had taken so wide a range that the real question was likely to be lost sight of. What was it? Simply to print the papers referred to in the motion of the Senator from Missouri. Those papers had been presented by that honorable Senator to the Senate, had been, on his motion, referred to the Committee on Finance, and were now reported back by that member of the committee, with instructions to ask for their printing. The motion to print was now before the body, and was the only question presented for its action. Would

nected with the essential article of salt.

He was not very familiar with the contents of the papers. They were voluminous, and the comhmittee had not thought it necessary to detain them for minute examination in their manuscript form, after they had seen enough of their contents to render the printing, in their judgment, proper. He could not, therefore, speak particularly of the information proposed to be furnished to the Senate and the country by the printing. He would make one or two general references to parts of it, and to those parts less relating to the salt bill, and he would make the practices at the Kanawha saltworks the basis of his statements, because he thought he recollected more particularly the history given in the papers of the fraudulent and mischievous practices there. He would be corrected by the honorable Senator from Missouri, who was perfectly familiar with the whole testimony, if he

should err in his facts.

One of the practices to which he alluded was that of forming an association to monopolize the whole of those extensive works in the hands and under the control of a single company; then to limit the supply of salt for the country depending upon those manufactories for the article, and thus to raise the price most exorbitantly to the consumers. The process was to possess themselves of a small number of the manufactories for actual use, and to pay a stipulated annual rent to all the others to remain idle and make no salt; then to district the country to be supplied with salt; to appoint a selling agent for each district; to send all the salt for each district to that agent, and to him only; and to give him, from time to time, a limit, or minimum of price, below which no salt should be sold in his district. To such an extent had

printing of these papers! Papers, if true, developing the most wicked system of frauds and impositions in reference to one of the necessaries of human and animal life which has ever been developed to an intelligent people! And how is this objection to the printing sustained? By a reference to his own State. He is told here that she is the greatest monopolizer of salt in this Union, and that the printing of these papers will damnify her important interests in the article. Is this so? No, sir; no. Her interests in her extensive and useful salt-works are not to be injured by developing the frauds and impositions practiced elsewhere. On the contrary, her direct interest is to have these papers printed and the truth known in reference to the whole matter, and especially that she may thus show the superiority of her system of police upon this subject. She has not submitted the manufac ture of salt at her works to speculators and monopolizers, so far as the purity of the article is concerned. That power she has retained in her own hands. Every drop of water boiled or evaporated is supplied by State agents and under the supervision of State officers, and every bushel of salt made is carefully inspected by a competent State officer, and its purity thoroughly tested before it is permitted to seek a market among the consumers. Without fraud and perjury in these officers, or smuggling on the part of the manu facturers, no imposition can be practiced upon the public in the quality of the New York salt. The same police is a perfect defense against the monopolies complained of in these papers. They could not exist without the knowledge of the offcers referred to, and they would be faithless to their duty to suffer them to exist for a day without being made known to the whole State and to the whole country. This obligation would

26TH CONG....1ST SESS.

arise from their moral duties as public servants; but there is another obligation upon them more direct and immediate. The State imposes a duty per bushel upon the salt made, and to guard and protect and foster that revenue is the especial daty of these officers. Any association, therefore, to diminish the quantity of salt made would be, to the same extent, a conspiracy to diminish the State revenue, and would, in that way, come within the especial jurisdiction of these officers, and call upon them for prompt exposition.

It is not new to the experience of that State that great frauds may be practiced in the adulteration of the salt made, nor is it that extortion in the price of the salt may be attempted by the manufacturers. Hence the retention by the State of its minute control over the whole matter, and its constant and continued efforts to furnish a pure and wholesome quality of salt. It is not enough, upon this point, that frauds and intended adulterations are guarded against. Expense must be incurred, the nicest processes of manufacture must be adopted, and the extremest vigilance used to expel from the water its impurities, and make it yield a pure salt. To these points the constant attention of the State inspectors have been directed, and the results within the last twenty years have been triumphant.

Is that State, then, to be told that her interests depend upon secrecy in these matters; that her revenue is to be destroyed by the publication of these papers and the exposition of abuses such as he had pointed out existing elsewhere? Are her dignity and sovereignty to be infringed by such a publication, a proclamation of frauds connected with other salt works in the country, similar to those which her experience has taught her would exist at her own but for the vigilant supervision which she has been wise enough to retain over them?

No, Mr. President, New York has no such fears to entertain from this harmless motion. She has, however, a direct interest in the publication of these papers. Her salt is a pure article. It goes into the market without combinations to raise the price. Her works can supply any quantity for which a fair market can be found, and her revenue is graduated by the quantity manufactured and sold. If, then, it be shown that in consequence of frauds at other salines, she can furnish a better and cheaper article to their customers, her interests are promoted by the development. What is the fact now stated by the honorable Senator from Kentucky, [Mr. CLAY?] That he has for the last year or two obtained his salt from the New York works, and that he has received a pure article at a fair price. Where are the Kanawha works, compared with those of New York, in reference to him? And if the New York salt can descend the Ohio to the point required to supply the honorable Senator, what portion of the country is there accustomed to depend upon the Kanawhe works for a supply of salt which cannot be supplied from Onondaga? Let the facts be known, then. Let it be understood that a wide and open market exists for pure salt within the reach of the New York works, and he would be responsible for the injury to her interests, her feelings, or her sovereignty, from the publication of the fact.

Suppose, sir, that the charges contained in these papers were directed against the New York salt manufactories. Would it be my duty to rise in my place here and resist their publication? No, sir. Whether true or false, that State would exact no such duty from her Representatives here. It has never been her practice to conceal any attempts at fraud connected with her extensive and rich salines. On the contrary, she has always sought to give to every imposition upon the public the most extensive publication, and she will not require of those who represent her here to attempt to make secrets of that information in relation to others which she invariably makes public in relation to herself.

Another objection to the printing of these papers is urged, not less singular than that which has just been considered. It is said that the motion savors of agrarianism; that the attempt to expose these monopolies and frauds here, by a publication of the proof of their existence and extent, is acting upon a principle which, carried out in practice, would lead to the distribution of property

Repeal of the Salt Tax-Mr. Calhoun.

and the other leveling doctrines of the agrarians.
Mr. W. said it would be difficult to make any dis-
tribution of property by which he should not be
benefited in a pecuniary sense, but it was never-
theless a doctrine which he repudiated, and he
should be compelled to vote against the motion,
if he could see that principle in the order to print. ||
He could not, however; and he was surprised to
hear the opinion advanced. No legislation is pro-
posed, and all that is asked is the simple publica-
tion of most important information upon a subject
of universal interest. If the statements contained
in the papers be true, he was sure no one would
attempt to justify the practices complained of.
Should they not then be made known?

Suppose it were charged here, with the authen-
ticity of this testimony, that a number of farmers
in Western New York had combined to raise and
control the price of provisions, and that to accom-
plish their object they had hired three fourths of
the farmers of that fertile wheat-growing region
not to cultivate their farms for a given season.
Would it be his duty, as a Representative of the
State here, to resist the publication of the fact?
No. It would be his duty, as well to his State
and the people he represented as to himself, to
give it publication, to proclaim it to the world,
and thus do all that is in our power to do to arrest
the intended evil.

The honorable Senator from South Carolina [Mr. PRESTON] had said that we do not represent the people here; that we are the Representatives of the sovereign States, not of the people of the States; that one Senator may represent a million of population, and another one hundred thousand, and yet we are all equal here. This is true; and yet where rests the sovereignty of the States, but in the people? Who are the sovereigns of the States but the people? And would he have those of us who represent populous States forget our increased obligations growing out of the increased interests committed to our charge? Would he make us unmindful of the fact that we represent millions instead of thousands, and of the interests, the wishes, and the safety of those millions? [Here several Senators, among whom the voices of Mr. WEBSTER and Mr. CLAY were heard, said, "Yes, that is the rule; we ought to represent the people of our respective States."] Mr. W. said he thanked the gentlemen for reminding him of the tendency of his remark. It would save him a future explanation. He had said upon that point precisely what he intended. He held it to be his duty truly to represent the wishes and interests of the people of the State which had honored him with a seat here, and he should continue to govern his acts and votes by what he believed to be those interests and wishes, unless arrested in his course by the command of another and a controlling voice. He hoped this explanation would satisfy the gentlemen upon the other side of the House, who had manifested so kind an interest in his faithfulness to his constituents.

Mr. WEBSTER said he had no objection to the printing of these papers. The time is coming when this subject will be dispassionately considered, and at that time, though he would throw out no challenge, he would endeavor to prove that the present moderate duty on salt was necessary to keep the article at fixed and uniform prices, and that it had no tendency to produce or aggravate the high prices which were complained of.

Mr. CALHOUN said, that as the question was about to be put, he desired to make a few remarks on the motion before he gave his vote. In the first place, he wished to know from the chairman of the Committee on Finance [Mr. WRIGHT] whether the proposition to print these papers at this time is intended to have any practical bearing; or, in other words, is it the intention of that committee to report the bill now before it, to repeal the duty on salt, for the action of the Senate this session?

The answer of Mr. WRIGHT not being very definite,

Mr. CALHOUN. I understood from the declaration of the Senator who introduced the bill [Mr. BENTON] that it was intended to press the passage of the bill this session.

Mr. BENTON said yes.

Mr. CALHOUN. Well, then, I shall vote against the printing, because, among other rea

sons,

SENATE.

I am opposed to the repeal, or any other action on the subject, at this time. According to my view of your finances, we shall have not a cent to spare. The most rigid economy will. scarcely be sufficient to carry us through the year without borrowing, or, what is the same, in effect, resorting to our own credit; and if the duty on salt should be repealed, the deficit would have to be made up by laying a corresponding duty on something else, or to borrow money to make good the deficit, to either of which I am opposed. I ask the chairman if my impression as to the state of the Treasury, and what must be the consequence of a repeal of the duty, is not correct? Mr. WRIGHT assented.

Mr. CALHOUN. I now ask the Senators from that portion of the Union, for whose benefit it is proposed to make the repeal, and through which the Cumberland road passes, whether they are prepared to vote the burden off their shoulders at this time, and to ask us in the next breath to borrow money to carry on that road for their accommodation? I hope not; and if not, that they will add their vote against the useless expenditure, at this time, of printing these papers.

But, sir, this is not my only objection to the repeal, even if it should be found to be expedient when the question comes fairly before us, as it must in a short time. The compromise act is taking off the duty on salt as rapidly as the interest of commerce and the community will permit. It is now about six cents the bushel, and will be reduced in the course of the next two years to two cents the bushel, making the reduction at the end of the period, compared to what it is at this time, equal to one hundred per cent. per annum, which is sufficiently rapid, one would suppose, to satisfy the warmest friend of repeal, and certainly as rapid as is consistent with sound commercial principles. I need not tell the most ignorant of the laws of trade that all sudden transitions are ruinous to the regular and fair trader, as well as injurious to the general interest of the community, and ought to be carefully avoidedeven where the change is, in the end, expedient.

There is another decisive objection, not only against the repeal at this time, but the agitation of the subject itself. It is well known that there must be a general revision of the duties on imports at this or the next session, under the compromise act, which ceases to operate in 1842. It is vastly important that the adjustment to be made should be such as will place the system of duties on the most equal and permanent basis, looking to the general interest of the country in the broadest light. To do this, we must come to the great work calmly and dispassionately, with the whole subject before us, free from previous sectional agitation or commitment as to the articles in regard to which the several portions of the Union may be particularly interested. It is thus only that the whole subject may be fairly considered, and satisfactorily adjusted. Every one who knows anything of the difficulties of the task must feel and acknowledge the correctness of these views; and I would now ask, is it fair for any one portion of the Union to ask to be relieved of its burden in advance of the rest? Would it not give it an advantage when the general adjustment comes under consideration? And is the West disposed to seize on such advantage at this time? Would it be either right or manly in her to ask this concession from the other portions of the Union at this time? We must not deceive ourselves. If salt is to be exempt from duty, some other article must bear an additional tax; and, as a southern man, deeply interested in this question, I would wish to know, when it is taken off salt, on what other article it is to be laid. Is it to be laid on iron, or cotton bagging, or some other article as objectionable at least as that on salt, as objectionable as it is to us? These questions, so deeply interesting to us, can be answered, practically and satisfactorily, only on a general revision, to which time, justice, equity, and fairness demand that the subject should be postponed. The delay can be no serious injury to any interest, more especially as the duty is going off as fast as it ought on sound principles.

But it may be said that the information contained in these papers is calculated to throw light on the necessity of repealing the salt duty, and

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that they ought to be printed to enable us to act ernments. If these papers have any value at all,
with intelligence when the general subject of re- they ought to be sent to the Legislature of Vir-
vision shall come up. Admit that they are so ginia, now in session, which only is competent
calculated, I still object to their printing, even in to correct the supposed abuses of the salt estab-
that view, at this time, because it is plainly an lishments on the Kanawha and elsewhere within
attempt to forestall public opinion on a single her limits, and which constitute the main object
article said to be particularly oppressive in one of their attack. As great as would be the uncon-
portion of the country, in order to give it an ad-stitutionality of ordering them to Richmond, to
vantage over all others when we come to the
general discussion. I am, sir, against all fore-
stalling as unfair and injurious, whether it be
forestalling of public opinion as to the repeal of
the salt duty or the forestalling the article itself,
of which the mover so loudly complains. Of the
two, the former may prove by far the most ex-
ceptionable and injurious, if it should contribute
to prevent a fair and satisfactory adjustment of
the duties.

be laid before the Legislature of Virginia, 1 would
consider it far less so than to make them the basis
of our legislation.

SENATE.

protective tariff and the State rights men of the South. Now, sir, I hold the Journals of that session in my hand. I hastily turned to votes on the bill while the Senator was making his remarks. I have looked at two decided votes, in which the yeas and nays were called, on that occasion, the only ones that I had time to examine, and I find that Mr. McDuffie and my other friends, as far as I have had time to examine their names, voted with Mr. Verplanck himself, and I will leave it to the Senate to decide whether he opposed his own bill or not.

The truth is, the bill failed in spite of our support; and its failure, notwithstanding the urgent necessity of avoiding civil conflict at the time, is

that nothing short of the means resorted to by South Carolina would have brought to the ground the odious and oppressive system against which it was pointed.

On motion of Mr. WALKER, the Senate then adjourned.

With a few remarks on a single point, I shall close what I intend to say. It is proposed, with the repeal of the duty on salt, to repeal the fishing bounties, which, it is alleged, originated in the former. I do not intend to enter into that ques-proof conclusive, let who will say to the contrary, ||tion; I leave it to others to decide on their origin. I place my refusal to a repeal of these bounties, at this time, on a wholly different basis. The great navigating, like the planting interest, has felt the heavy hand of your protective system. It has had, like the planting interest, to meet foreign competition abroad, not only without protection, but under the weight of oppressive duties, many of which still remain. I, for one, whether the fishing bounties are right or wrong in the abstract, will not agree to repeal them till you are prepared to do justice to that great interest. Take off your duties on iron, on hemp, and on lead, which fall so heavily on it, and then I shall be prepared to consider the expediency of repealing those bounties, but not before. Justice and equity are higher considerations than expe- SPEECH OF HON. A. H. 'SEVIER, diency. I stand up for them. While I insist on

ashamed to stand by and see injustice done to any
other; and in this, I feel assured, I but speak the
sentiments of those I represent.

But, sir, if I had no other objection to the printing of these papers, there is one growing out of their character, if I understand their contents I know correctly, which, with me, is decisive. nothing of their contents except as drawn from the statement of the Senator himself. I infer from it that a large portion consists of correspondence and other evidence, calculated to show that the manufacturers of domestic salt who supply the West with the article are guilty of the most odious monopoly, fraud, imposition, and oppression, for which reason it is proposed to repeal the duty on the imported article. I confess I do not see how the repeal of the small duty still remaining, and the still smaller that will, after a short period, can have the effect intended; but, be that as it may, I utterly oppose the principle on which it is pro-justice for the interest I represent, I would be posed to place the repeal, and cannot give it the countenance which the voting for the printing of the papers would give. The principle involved, according to my conception, is precisely the same as that contained in the bill of the Senator from Kentucky, which was condemned by so decided a vote of this body at the last session. What did that bill propose? That the President should dismiss Federal officers who should interfere in elections. And on what principle was it voted down? That the right of suffrage was a reserved right, left by the Constitution under the regulation of the States respectively, and that it belonged to them, and not to us, to say who should and who should not vote, and under what regulations they should vote, and that it was not for us to supply any supposed defect or omission on the part of the States in the exercise of their power. This was the solid basis on which we rested our objection to the bill, and on which it was voted down by so strong a vote.

Now, sir, if we turn to this case we shall find, if I mistake not, the same principle apply with equal force. The salt-works, with their production, and those employed in them, are under the exclusive legislation of the States wherein they lie, and are exclusively subject to their regulation, as is the right of suffrage. This no one will deny. If, then, there be monopoly, fraud, imposition, or oppression in their management, it belongs clearly to the States where the works are to correct the abuse, and not this Government. None will deny this. In fact, the Senator himself acknowledged this when he asserted that the State was competent to make the acts of which he complains, and which he proposes to establish by these papers, a felony. I now ask what greater right have we to assume in this case that the States have neglected or omitted to do their duty, than in the case of the right of suffrage, and, on that supposition, to modify our legislation so as to remedy the evil and punish the supposed delinquents? Can any one point out any distinction in the two cases? How, then, could we reconcile our vote at the last session with a vote that would give countenance to the principle proposed to be established by these papers? I protest solemnly against an act that could lead to such an inference. If the duty on salt ought to be repealed on financial principles, or considerations of general expediency, let it be repealed. In that case, these papers would not be worth a farthing. But if not if the repeal is to be placed on the supposed defect or omission of duty on the part of the States, a more dangerous and unconstitutional ground could not be assumed. It would make This Government the supervisor of the State Gov-l

MONDAY, February 17.-The question recurring on the motion to print certain documents in relation to the salt duties, Mr. CLAY, of Kentucky, and Mr. DAVIS, withdrew their opposition, and they were accordingly ordered to be printed.

ASSUMPTION OF STATE DEBTS.

--

OF ARKANSAS,

IN SENATE, February 20, 1840,

On Mr. GRUNDY's report in relation to the assumption of the debts of the States by the Federal Government. Mr. SEVIER said:

Mr. PRESIDENT: The resolution of the Senator from Missouri, upon the subject of State debts, though modified by the committee to whom they were referred, are resolutions wholly of a negative character. Neither the originals or the amendments contemplate any legislation; but, on the contrary, the objects of both are avowedly to prevent legislation. These résolutions, though negative, unusual, and extraordinary, lead us into the consideration of the policy and condition of the States; their wisdom, solvency, integrity, and, I will add, their capability of managing with prudence their own local and private affairs. They lead us, also, into the consideration of banking and internal improvements, as now existing in and carried on by the States; and of the consequences, past, present, and future, of such systems upon the general affairs of the States, as well as the influence they are calculated to have upon the policy and welfare of the whole Union.

Mr. BENTON could answer the question put to the chairman on Finance [Mr. WRIGHT] with more precision than he had done it. He held in his hand the answer of the Secretary of the Treasury to the question; for the Secretary had been applied to for information as to the operation of the salt bill on the finances. The answer shows it will save money, that it will save the Treasury from loss. The bill is to repeal the salt tax and the fishing bounties and allowances founded upon them. Now, the question is, what is the product of the tax, and what the amount of the bounties and allowances? And the answer is here [holding up a sheet of paper.] The answer is, that for this year the tax exceeds the bounties and allowances only by $110,000, and after 1842, when the compromise act takes full effect, will fall short of these bounties and allowance about the one half. This was an effect of that act passed through Congress without leave to amend it, and by which duties are reduced without a corresponding reduction of drawbacks and allowances founded upon them. But he would not go further into that subject at present: the time was at hand when he should show, with the proof in hand, the operation of that act which was made out of doors and rushed through Congress without allowing an i to be dotted or a t to be crossed. Mr. Verplanck's bill to reduce and regulate the duties was baffled for months that the Administration should not have the credit of settling the question which the presidential election had already decided; and while that bill was baffled in the House, another was concocted out of the House, which was not a settlement, but an adjournment of the tariff question-which adjourned it from the time when the country was ready to settle it to a time when they will not even be thinking about it. That compromise act expires in June, 1842; and is the South and the West even thinking of the renewed contest to which it is to give rise? That act was a master stroke for the high tariff party. It took the question away-laid it by to recruit-and plunges us again into it in 1842. It conducted the tariff to a point at which it cannot remain,haps less division of sentiment than there was from which there will be reaction. Every interest will be dissatisfied, and there will be a general union of all interests to renew the high duties.

Mr. CALHOUN. I rise simply to correct the erroneous statement of the Senator who has just taken his seat. He affirmed, as a fact, that the two extremes united to defeat the bill to reduce the tariff introduced by Mr. Verplanck in the session of 1832-33, meaning the advocates of the

The first resolution presented for our consideration is, shall we pay those debts of the States (or, which is the same thing, shall we assume them) which have been contracted by them exclusively for local and State purposes? I answer, no. answer that I am unwilling to agree to any such

measure.

I answer that we have no such power conferred upon us by the Constitution; that no such measure was ever contemplated by the framers of that instrument, and that no such power was ever exercised by Congress. The two cases put in this debate, the one of the assumption of the debts of the States by Congress, shortly after the adoption of the Federal Constitution, and the other of the deposit of the surplus revenue with the States in 1836, are not such cases, in my estimation, as warrant the just conclusion that Congress ever did assume or pay the debts of the States, or any of them, which were contracted for local purposes. In regard to the first of these, I will state that if I have properly understood the nature of those debts, they were debts of that charwith peracter which Congress would now pay,

upon that question at the time it was done. These debts were contracted, not for local or State purposes, not for private banking or local internal improvements, but for the common defense. They were contracted by our ancestors in the prosecution of the war of the Revolution; they were contracted by them in resisting the tyranny of George the Third, after they had manfully thrown off their allegiance and boldly defied his power. They were

26TH CONG....1ST SESS.

Assumption of State Debts-Mr. Sevier.

contracted in sustaining themselves in the san- proposition would be met and resisted at the guinary struggle which ensued, in warring against threshold in the new States with as much firmness his troops, his Tories, his foreign mercenaries, and and determination and perseverance, and, if nesavage allies; they were contracted for such pur- cessary, to the same extent that their ancestors reposes as these, out of which have sprung our po- sisted the stamp duties and the tea tax. What, litical and religious freedom, our greatness and then, remains from which we can raise this reveglory, and our beloved country itself. These were nue? The tariff, that universal panacea for every debts not of a local character, nor were they paid pecuniary complaint; and are we prepared to inin violation of either the letter or spirit of the Con-crease the duties for such a purpose? Is the

stitution.

In regard to the deposit of the surplus revenue with the States in 1836, or of a distribution of the surplus revenue with the States at any time,| (which I concede with the Senator from Missouri, for all practical purposes to be one and the same thing,) I have to say that I consider the deposit, or distribution of the surplus revenue with the States in 1836 was neither a payment by Congress of the debts of the States, nor was it so intended, nor was it unconstitutional. And this leads me to consider the nature of the relations subsisting between the State and Federal Governments.

The Federal Government is not, as has been alleged in this debate, the parent, but is the child, or offspring of the States. The Federal Government has no progeny over whom to exercise its solicitude, its sympathies, or its cares. It is a trust Government, whose objects and powers are defined and enumerated in the Constitution; and for many valuable purposes for the benefit of all the States, this Government has been invested by the States with valuable incomes; and among these are the revenues arising from the customs, and from the sales of the public lands. Well, sir, should it so happen that this trust or Federal Government should, from these sources, or from any other, get into its possession more money than was needed for the full accomplishment of every object intrusted to it by the Constitution, and should have a surplus remaining in its possession after those objects were consummated, what shall be done with this surplus? Whose money is it? Shall the agent fob it, or return it to its principals, from the pockets of whose people it was received? Sir, in a case of this sort, it seems to me that justice and common honesty alike require that it should be returned, in the most equitable manner it could be done, to those from whom it was received; and in doing this I can see no violation of the Constitution; no germs of consolidation, or destruction to State sovereignty or independence. No, sir; I can see in this no such hideous monsters, so much to be dreaded.

But, sir, I am arguing an extreme case-a contingency, to say the least of it, which I consider very remote and improbable; and one, I will add, which I hope never to sec existing in this country. I hope never to see existing in this country the absurd, expensive, and ruinous policy of raising a surplus by collecting taxes from the people, with the intention of paying those taxes back to the people again. Whatever may be the specious reasons urged in its justification, I would prevent this; I would avoid it, by giving to the Federal Government not a farthing more than was absolutely necessary for the consummation of the great purposes for which it was created. IfI saw too much money accumulating in its vaults, I would lower the impost duties, and the price of the public lands; and, if necessary to accomplish this object, I would abolish duties to the proper extent, and give away the lands. I would remedy the evils of a surplus in this manner; and if I failed to accomplish it, and, in spite of me, there would be a surplus, I would give it back to the States, to dispose of according to their will and pleasure-in making banks, or internal improvements, or in anything else. I would give it back to the States unconditionally.

But, sir, we are not contending how we shall dispose of a surplus revenue, for we have none to dispose of. We are considering the propriety of raising a revenue for the purpose of paying the debts of the States, or of assuming them, which will produce the same result. And this leads me, Mr. President, to consider the manner and means of raising this revenue. How shall we raise it? Shall we raise it by direct taxation? Sir, that would be idle talk. No one among us is bold enough for such a proposition. Shall we raise it by increasing the price of the lands? No, sir; I fancy not. It is known to all of us that such a

country ripe, in this period of universal embarrassment, for the renewal of high duties, of that odious and exploded system of traffic plunder and oppression, which has proved so fatal to every interest of our common country; and that, too, for the sole purpose of dividing among the States?

What has the distinguished Senator from South Carolina [Mr. CALHOUN] shown you? He has shown the Senate, 1 think most conclusively, that high duties are alike fatal to the agricultural, the shipping, the planting, and manufacturing interests. He has, to my mind, most satisfactorily accounted for our present and past difficulties, which we all grieviously feel and have felt; but which many of us before were unable to trace, or correctly account for. A high protective tariff he has most conclusively shown to be the main cause of our embarrassments. I will not weaken by repeating his argument; but I refer to it, and, with his permission, will adopt its principles for my own. And here let me intreat every farmer, planter, navigator, merchant, manufacturer, and mechanic to read and understand that argument, and then tell me if he is prepared for inflicting the scourge of a high tariff upon the country; and yet, Mr. President, it must be done if we assume the debts of the States. We can pay these debts in no other way that I know of.

SENATE.

to the first cession of these waste lands to the United States by New York in 1781, and by the several other States thereafter, for in this, I have been anticipated by my able friend from New Hampshire, [Mr. HUBBARD.]

I will only add to his remarks, that these several cessions were made expressly to produce harmony and tranquillity among all the States. To quiet all their apprehensions, Virginia ceded all her lands, northwest of the Ohio river, to the United States; and in doing so she carved out the ceded country, according to the wishes of all, into separate parcels, so as to make not less than three, nor more than five, new States, and then stipulated that the ceded lands "should be disposed of for the use and benefit of the United States according to their respective proportions of charge and expenditure, and for no other use or purpose whatsoever. All of these cessions, with perhaps the exceptions of Georgia and North Carolina, were made prior to the adoption of the Federal Constitution. And has that instrument altered the terms of these cessions in any respect whatever? The Senator from Kentucky [Mr. CLAY] has told us that the adoption of the Federal Constitution has changed the nature and terms of these cessions. He tells us that, prior to the adoption of the Federal Constitution, Congress apportioned out among the States the sums that were needed for the common defense, &c., and that these apportioned sums were raised by the States individually by a direct tax upon their lands and improvements, and that as that system of raising a revenue for the common defense, &c., was repealed by the adoption of the Federal Constitution, he argues that the terms of the cessions were abolished or repealed also by the Constitution. In this we differ. I am no lawyer, or rather a very poor one, but it seems to me that the Constitution could not have changed the terms of the cessions made to the United States by Georgia and North Carolina, because those cessions were made to the United States by those States subsequent to the adoption of the Federal Constitution; and that the terms used by those States are precisely the terms used by Virginia in her cession prior to that period. But take the argument of the honorable Senator, and what does it amount to? It amounts to this, as I most humbly conceive, that if the terms of the cessions of those lands were repealed or abrogated by the Constitution, they become public property belonging to the United States, unhampered by conditions; or else, as hundreds have inferred from the Senator's premises, they become the exclusive property of the States, within whose limits the lands lie. Well, sir, if they have become the property of the United States, unhampered by conditions, by a repeal of the terms of the cessions, what right has the Senator to divide those lands, or their proceeds, which is the same thing, more than he has to divide among the States any other public property or money that may be in the Treasury? None, that I can conceive of.

And this brings me, Mr. President, to the consideration of the second question I propose to consider; and that is, ought we to divide the proceeds of the sales of the public lands among the several States? As well might we, Mr. President, as the Senator from Missouri has most truly stated, divide the proceeds of the customs. In my view, one of them is just as constitutional and as unexceptionable as the other. Wherever we have power to give land we can give money also, and vice versa. I know of no distinction; and yet I might often be willing to give land where I would not give money; for the best of all reasons, because I might often have land to give when I had no money to spare; but I can give neither unless for a constitutional object. And to show the fullacy of this popular error, as I conceive it to be, about the lands, let us go back to the early history of our country and we will find that so early as 1777, a little over a year after the declaration of our independence, the subject of the public lands claimed the earnest attention of the States, and presented a formidable obstacle to their, harmonious action. The claim of Virginia to all the waste lands lying between certain lines, extending from the Atlantic to the South sea, and of North Carolina and Georgia from the Atlantic front to the Mississippi river; lands which were waste, uncultivated, and unsettled by any other than by Indian tribes, was a fruitful source of jealousy and discord to many of the States, and particularly so to Maryland, Rhode Island, and New Jersey. The complaining States saw and felt that if Virginia and the other States should hold all the lands they clamed it would give to those large States a preponderating and dangerous influence in the Confederacy. They insisted that their safety required that these large States should be restricted to proper and reasonable boundaries, and that all beyond should be made into free and independent States with the same powers and privileges of the others. And these complaining States were right in their views, were justifiable in their jealousy, and are entitled to all praise for insisting upon their object until it was finally accomplished. This was not all. The complaining States treated the These are the difficulties the Senator's premhigh pretensions of the others with very little ses would lead us into. And all these difficulties gravity. They represented the waste, unpatented, will be avoided by regarding them, as they have and unoccupied lands as crown lands, and as such uniformly been regarded, as subject to all the subject to the hazard of the Revolution, and if terms of the compact. The only clause in the conquered of the monarch to whom they belonged Constitution upon the subject of those lands is, should rightfully be considered as the joint spoil "that Congress shall have power to dispose of, of the victors. I will not take up the time of the and make all needful rules and regulations reSenate in tracing this interesting subject from 1777specting the territory and other property of the

Well, sir, suppose the terms of the cessions of those lands were repealed, as he contends they were, and the United States did not acquire an exclusive right to those lands by that repeal; whose lands are they? If this be true I answer that those lands belong to the States where the lands lie, and as such that we have no right to divide them out among the other States. We have no right to divide them in any view of the question. If the terms of those cessions are in force we have no right to divide them, because we cannot do so according to the terms of our contract. If the terms of those cessions are repealed the repeal is not partial but total, and the lands revert back to those who ceded them; and if so, the other States have no right to a portion of them, or else they belong to the new States where they lie; and in that event the other States have no rignt to any part

of them.

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