H. of R.]

The Judiciary Bill.

number is not safe for the Supreme Court of twenty-four States.

[MARCH 10, 1830.

At this council board, then, I would not think the increased number of minds to be enlightened, could or would retard the business of that court. If the mere labor of that court is considered, the advantage is certainly in favor of the larger number.

They bring with them into this discussion the prejudices incident to long use and legal education, and persuade themselves that nine judges of the Supreme Court would become a mob; one gentleman compares such a court to The two honorable gentlemen are opposed to an ina town meeting. crease of the number of justices upon the Supreme Bench, I propose to consider briefly some of the objections because, in their opinion, such a measure will tend to unwhich have been urged on the other side, against an in-settle the decisions of that court; and the member from crease of justices on the Supreme Bench. To answer all, would prolong a speech already exceeding the limits which I had prescribed to it.

Connecticut, who last addressed the committee, [Mr. ELLSwORTH] told us of the deep regret which was felt and expressed by Lord Mansfield, when, after thirteen years of The gentleman from New York [Mr. SPENCER] is of his service upon the bench, one of his associates assumed opinion that an addition to the present number of the courage enough to dissent from his lordship. Did the judges would tend to divide individual responsibility. honorable gentleman, in his own mind, draw the paral If, then, individual responsibility be a paramount coni-lel between the transcendent abilities and powers of that deration, the present number is already too large; and if distinguished jurist and another chief justice, or did he, the honorable gentleman would have individual responsi- by the allusion, desire those who heard him to do so? bility increased to its maximum, I would advise him to re- If I thought the addition of two more justices upon the duce the court to a single judge. If that were done, he Supreme Bench would have the effect to unsettle some would avoid another evil which he thinks will certainly of the decisions of that court, I should feel much more arise from an increased number of justices upon the Su-zeal for the passage of this bill, than has been manifested preme Bench, namely, a division in opinion among the by its friends. Some of the decisions of that court might justices; for if his Supreme Court shall be composed of one be unsettled to the advantage of the country, in my humjudge, he will always have the advantage of a unanimous ble judgment. I allude to that class of decisions which opinion upon all questions, added to individual responsi- have prostrated many of the most salutary laws of the bility. State Legislatures, passed for the protection and advancement of the rights and interests of their own citizens. I could point to some of them, if I had time, and it were proper for me to do so in this debate. This objection I lay upon the shelf.

Another objection against the increase of the number of justices, is, that it will diminish the force of the opinions and decisions of the Supreme Court. This implies the idea that the concurrent opinion of ten men is not entitled to as much weight does not possess so much force, as the opinion of seven.

But say the gentlemen, if you add two more judges, you will impair the public confidence in that court. Is this true? Has it been shown to be probable by any arguments or illustration? unless the gentleman means to say, that two judges who shall breathe the atmosphere of the West, will infect the present judges, and contaminate that purity which has been so highly commended on the present oc

casion.

Again, it is said the business of the Supreme Court cannot or will not be done if you increase the number to nine. If seven are able to do it now, the addition of two more will not prevent them from doing it, if the two should or should not assist the present seven in the labors, or in the discharge of the duties of that court. I had inclined to the opinion that nine men, when united, could do as much labor of any kind, as seven of the same nine.

There was another reason assigned by the gentleman from New York, [Mr. SPENCER] which did not strike me with the same force it seemed to have done the mind of the gentleman.

Gentlemen, in their ardor of opposition to this bill, tell us that no tribunal exists in any civilized community, purely appellate in its character, with so great a number of judges as we propose to place on the Supreme Bench. When we refer the gentleman from Connecticut to the House of Lords of England, he tells us there is no analogy between the two, that the House of Lords in England possesses legislative as well as judicial powers. I will not agree, that, even in that respect, practically, the analogy fails.

When the gentleman from New York [Mr. SPENCER] is pointed to his own State, in which the high court of errors is composed of the Senate of the State, consisting of thirty-two members, he conducts us to the local history of New York, and informs us, that tribunal was constituted in the period of the revolution. There was one part of his historical facts new to me, and I regret they existed. In giving the reasons why that State constituted her Senate a court of errors, I understood him to say that most of the lawyers of New York of distinction and eminence in their profession, when the revolution commenced, proved to be tories, and adhered to the enemy; consequently this court of errors was constituted for the want of legal characters out of which to form a court of errors.

It is this, (if I comprehend the idea,) that if you put nine judges upon the bench, you will have more minds to This is the only instance in the United States, sir, in which enlighten by the arguments of counsel. There are two the profession of the bar was found opposed to the princi more judges to speak to, I grant; and if a lawyer was com- ples of liberty and self-government; and I have a hope pelled to address himself to each judge in a separate argu-none of their descendants now live in that great State, to ment, he would perhaps be required to make nine long hear the tale of their ancestors' disgrace told. speeches instead of seven. At present, however, he ad- As an humble member of the profession, I had contemdresses the whole seven; and if there were two more plated with pleasure the mighty deeds of a Henry, a Hanplaced by their side, it would neither increase or di- cock, and an Adams, in giving "the first impulse to the minish his labors. I should regret exceedingly that it ball of the revolution." In the history of every age, we should add to the customary length of the arguments in find the much abused profession of the law, in every conthat court. The mode of doing business in and by the flict between liberty and power, contending on the side of Supreme Court, should have satisfied the honorable gen- liberty. To the intelligence and patriotic exertions of the tleman that his objection was not sound. The judges hear members of the American bar in the councils of the nathe case argued in court, they retire to their room of tion, and the valor of her sons in the field, we are alike consultation, in that they examine the record--one reads, indebted for our national independence. The one directed and the others listen; they interchange ideas, discuss in the with wisdom, and the other executed with firmness, the conversational style the points in issue, form their judg-measures which produced that happy result. ment, and one of them is designated to write out the opi- I have heretofore considered it necessary to increase nion of the court. the number of judges, in order to extend the system

to the new States, as an act of justice to the States and the people of those States.

I may be singular in my opinion; but if there were no circuit court business in the several States, and it were left to me, I would not constitute the Supreme Court of this nation, composed of twenty-four separate and distinct sovereign States, with less than ten judges: I would not go "beyond that number.

[H. of R.

mittee of Ways and Means had brought in a bill embracing the subject matter of this resolution, and as that bill was rejected by the House, this, or any other committee, he apprehended, would not deem it expedient to act again on this subject, unless they were under the especial direction of the House; and Mr. A. deemed it due to the House to say, that, if the subject of this resolution had been presented, unconnected with other matters, and had been The gentleman from Connecticut [Mr. ELLSWORTH] told acted on by the House, he should so far respect such deus the jurisdiction of the Supreme Court of the United cision, as not again to agitate the subject this session. But, States was unequalled by that of any other judicial tri- as many gentlemen saw, or thought they saw, objections bunal upon earth. I agree with him, and say, that, by the to some of the items of that bill, and voted to reject the express grant in the constitution, there exists no judicial whole, who, Mr. A. believed, were disposed to sustain tribunal of which we have any account, clothed with such this resolution, he submitted it in this shape, deeming it transcendent powers. When I open the book of the con- as well to take the sense of the House directly on the prostitution, and read that the judicial power of the United position to bring in a bill, as to take the opinion of the States extends toHouse after a bill is introduced.

1st. All cases in law or equity, arising under the constitution of the United States;

2d. The laws of the United States;

3d. Treaties made or which shall be made by the United States;

4th. To cases in which ambassadors, public ministers, and consuls may be interested;

5th. To admiralty and maritime causes; 6th. To cases in which the United States shall be party; 7th. To matters of controversy between two or more States;

The tariff of 1828 [said Mr. A.] proposed to encourage American manufactures, and to protect domestic industry. This resolution relates immediately to the manufacturer, and proposes to restore him in part to the situation in which that tariff found him, and, if adopted, will not only aid the manufacturer, but various other important branches of American industry. The resolution does not place this class of manufacturers in a situation as good as they were before the passage of the law, for it still leaves them oppressed with the whole of the enormous increased duty on the raw material used by them, which must still be paid 8th. To controversies between citizens of different States; if the article is consumed in this country; but as it will open 9th. Between citizens of the same State claiming land the foreign market for their manufactured goods, it will be a under different States--the question presents itself to my great relief both to this class of citizens and to the commermind, is it safe to confide the exercise of such high powers to cial interest of our country. Before the passage of the tariff seven men? For one, I answer no. If you wish to preserve of 1828, the duty on molasses was five cents per gallon; then the peace and harmony of this Union, and save it from civil a drawback was allowed of four cents on each gallon disdiscord, beware how you confide the exercise of such high tilled into rum, and sent out of the country. The duty is powers to so small a body of irresponsible public agents. now ten cents per gallon; and this resolution proposes to The Supreme Court is now claimed by some gentlemen allow a drawback of nine cents per gallon on all rum made to have been constituted for higher purposes than the from this molasses when it is exported, still having the trial of your cause or mine. As a court for the latter pur-double duty to be paid on all that shall be used in this pose, it is sufficiently large; but, as a tribunal before which, country. I cannot conceive what rational objection can in succession, each proud member of this Union, nay, sir,be urged to the re-establishment of this drawback. the Union itself, has or may be arraigned, the function-grant a debenture equal to the duty on the same article aries who compose it on such occasions should be more distilled by foreigners and in a foreign land, while, by our numerous. If it is desirable (as I admit it to be) that re-law, as it now stands, we refuse it to our own citizens, and spect, confidence, and obedience to the mandates of that yet we please ourselves with the idea that we are protectcourt should be promoted in cases within its unquestioned ing American industry. When this drawback was repealjurisdiction, those States who have now no voice in the ed, it was done with the expectation of helping the whiscourt should be heard. key distiller. It was thought that it would increase the

We

The independence of the States, the permanency of the demand and price of whiskey, and thereby aid the grain Union (which depend upon the existence of the States, as grower. We have now tried the experiment nearly two sovereign communities) are in no danger from the open years, and I believe all are convinced that its expected assault of any usurper. The danger to their existence is benefits have not been realized, Does whiskey find a more from the regular, systematic encroachment by the Federal ready sale or better price than it found before the tariff Government upon State authority, sanctioned by the man-of 1828? Or has the demand and price of grain improved dates of the Supreme Court.

SON:

66

THURSDAY, MARCH 11, 1830.

THE TARIFF.

since that period, in consequence of this restriction on the distillation of molasses? I believe, sir, if we take every price current which has been published since June, 1828, we shall find that neither whiskey nor grain has improved one cent, but, on the contrary, both have fallen greatly in The House then resumed the consideration of the fol- price. If then, the repeal of this drawback has not anlowing resolution, submitted yesterday by Mr. ANDER-swered the expectations of those who voted for it; if it has not benefited the interest it was thought it would subResolved, That the Committee of Ways and Means be serve; if it does good to no one, and a positive injury to instructed to bring in a bill allowing a drawback of nine some, why should we not restore the protection, and again cents per gallon on all rum distilled in this country from extend to this class of our manufacturers the encourageforeign molasses, when such rum is exported to a foreign ment we profess to extend to all others. If we wish country.' to introduce the more general use of whiskey, and Mr. ANDERSON addressed the House in continuation thereby aid so much of the grain market as is used of his remarks of yesterday. in this article, it is certainly expedient to open a pasMr. ANDERSON said, he was aware that it was the sage through which this rum may go out of the coungeneral practice of this House to instruct its committee to try, and give place to the consumption of whiskey. inquire into the expediency of adopting a measure, rather The effect, and only effect, this repeal of the drawthan to instruct them to bring in a bill; but as the Com-back has, is to encourage and aid the foreign distiller, at

H. of R.]

The Tariff.

[MARCH 11, 1830.

the expense and to the destruction of the American dis- no class of men in this country more deserving of our tiller, to confine this rum to our own market, force it to protection than these, if severe, hardy, and unremitting compete with our domestic spirit made of grain, and, so labor can entitle them to our protection. Sir, the life of far as this competition can go, to destroy the market for the northern sailor and fisherinan is too well known to whiskey at home. If we honestly intend to encourage require any comments from me. Hardier beings never domestic industry, and enable our manufacturers to com- floated on the ocean. But the life and hardships of the pete with foreign manufacturers, we ought to allow our lumberman, I believe, are known to very few on this floor. citizens to obtain the raw material on as good terms as the We should think an army making a winter campaign in foreigner. Let our duties on imports be what they may, the storms of our northern frontier entitled to our sympait is for the interest of the manufacturer and for the coun- thy and applause for the sufferings and hardships that try to encourage the export of all such imports as by our must unavoidably be endured through the severity of winlabor and skill shall be made of double value to the foreign ter. Trying and severe as may be such a service, it is no purchaser; and the export will not be so well encouraged harder than the lumberman endures as regularly as the in any way, as by allowing a return of the duties paid on winter comes. In November, or the first of December, the raw material when it is exported in the manufactured these men go into the forest with their teams and provi article. While we have commerce, cargoes must, in some sions, construct a rude camp, barely sufficient to break off way or other, be made up; and as long as it is necessary for a profitable voyage to make a part or the whole of a cargo of rum, so long will rum be obtained, and continue to be an article of merchandise.

the wind, while they sleep on a bundle of straw, or as often on the boughs of the pine, and work from daylight until dark, in the snows of the forest, until the rivers open in the spring. When the snow melts, and the ice of the It is in vain for us to attempt to regulate the wants or streams breaks up, they commit their lumber to the river, tastes of foreigners. We cannot do it even with our own and close their winter's work with a labor that no men but citizens, much less of foreigners with whom we trade, those accustomed to repose comfortably on a snow-bank and who are independent of us. They will purchase of could endure for a single week. Day after day, and week us, if we carry to them an article they want; and it is not after week, these men are immersed in the river, when the the work of a moment to convince them that an article water is as cold as ice and snow can make it: their gar they do not want is better than one they do want. We ments are a perfect sheet of ice, and the comfort of a dry are not alone in the foreign markets; we have the com-jacket is unknown to them; and yet you find them hardy merce of the world for competitors. If we cannot fur-and healthy men. Hundreds may be found now engaged nish them with rum, they will purchase of those who can in the forests, with constitutions firm and unimpaired, who furnish; and while foreigners prefer rum, so long will our have, for more than forty winters in succession, been enmerchants be compelled, if they trade at all, to continue gaged in this service. I believe, too, sir, that you will to supply their customers; and if our merchants cannot not find, in any other description of mills, such constant, obtain it of our own distillers at a rate as cheap as that distilled unceasing labor as in our lumber mills. The saw is runin the West Indies, they must take that of the foreigner, thus throwing the whole of this branch of industry into the hands of foreigners. In fact, as the law now stands, we give a bounty of ten cents per gallon on all the rum of the foreigner exported by our merchant, to break up and destroy our own manufacture, and we must continue to patronize and encourage the foreigner just as long as we deny this drawback to our own citizens.

merce.

ning continually day and night--the millmen relieving each other at six in the morning and six in the evening, as regular as a watch at sea, and the labor is as uninterrupted and unceasing as is the motion of the current that turns the wheel. This, sir, is the labor and these the men that any relief given to the West India trade will aid; and I ask you if these men, who breathe the pure January northwester, are not as valuable to you in peace or war, and as much entitled to your consideration, as those who are inhaling the confined atmosphere of a crowded manufac turing establishment?

This evil will not be remedied by a repeal of the existing debenture on foreign rum; for, as I before stated, while this article continues to be one of merchandise, it will form part of our cargoes; and if we prohibit its ex- This trade is made up of, and sustained by, industry portation, it will be taken in at foreign ports, or the whole alone. The original value of the timber in the forest is a trade, the carrying as well as the distilling, thrown into mere mite, compared with the value this labor gives to it, the hands of foreigners, so that the repeal of the existing after it has passed through all the operations of manufac debenture on foreign rum will only make a bad matter turing, exporting, exchange, and the return of the article worse- -will only strike an additional blow at our com- for which it is exchanged. It bears nearly as small a relaIt is not merely for the distiller that we should tive value to the return which labor enables it to produce, pass this resolution, but for other extensive branches of as does the spade or the hoe to the crop its diligent apindustry that will receive great relief and support from it. plication eventually brings forth; and you would not more Every branch of industry connected with the West India directly tax the labor of the country, where you tax an trade will be relieved, revived, and protected by it. And agricultural product, because a foreign spade or foreign let me here remind the House, that we never had cause of hoe was used in raising it, than you do by taxing this trade. complaint, and never, so far as my knowledge extends, No article of export employs so much tonnage in prohave complained of this trade. It is a trade of fair, free, portion to its value as a West India cargo, and the cargo unrestricted exchange. It is a market for any thing we obtained in exchange. A vessel that will carry out a carchoose to send out; and many articles that now form a valu- go of cotton or manufactured goods, worth from fifty to able part of the exports of our country would be nearly, if one hundred thousand dollars, would be fully freighted by not quite, worthless without this trade. We can in this one-thirtieth to one-fiftieth of that sum in lumber, and so market exchange what is of little or no value to us here, with a return cargo of molasses; and yet she will employ for articles of great value to us--articles that not only ad- as many seamen, and give double the employ to landsmen, minister to our wants and comfort, but out of which, if who live by loading, discharging, and tending on vessels, we do not tie up our own hands by restrictions and pro- for she will make two voyages to the other's one, and add as hibitions, we can make an important and valuable article of much to the naval strength of the country as the rich export. Sir, this trade is worthy of all encouragement. freighted ship; and all her repairs are made in this country, It gives life and employment to a vast amount of the labor the West Indies being more expensive ports to repair in. and industry of this country. On this trade the lumber- Not so with the European trader; she obtains her repairs man, millman, ship carpenter, fisherman, and sailor are and equipment abroad: for, by reason of the enormous almost entirely dependant for employment; and there is duties we have imposed on every article necessary to the

MARCH 11, 1830.]

The Tariff

[H. of R.

The moment

outfit of a ship, it is for the interest of our merchant to 1830, 1831, and 1832, will, if all the present restrictions refit and equip his ship abroad. continue, show a fearful falling off in the item of national This material, used by the distiller, is as much the pro-wealth and strength. duce of our soil as the whiskey which the farmer gets in The loss of a hundred thousand tons of shipping, though exchange for his grain, the produce of his soil. We ex- it will involve many individuals in ruin, and will be felt by change our lumber, which is the fruit of our labor, for the whole community, is not the greatest loss. Every ton molasses; and without this exchange the whole of our in- of our shipping that is withdrawn from a foreign trade, is dustry engaged in this branch of business must stop. In immediately supplied by foreign tonnage. the prosecution of this trade, the grain grower is more we cease to supply, others take our place. The channels benefited than he can be by making his grain into whis- of trade are changed--we become less important to the key; for, while the lumberman and the millman are en- comfort and prosperity of those dependant on us for supplies gaged in procuring and manufacturing the outward cargo, -new associations are formed, which will not be so easy the mariner in transporting it to market, and bringing for us to break up-and the markets that gave employ to home the return cargo, the distiller in converting it into our labor and our commerce may be gone from us forever. rum, and the mariner again exporting this rum abroad, It is much easier for us to retain the trade while we they, and the ship carpenter, and their dependants, are, have it in our hands, than to regain it after we have abanof necessity, consumers of the grain raised by other hands. doned it to our commercial competitors. Our distillers Some of this industry has been diverted already by the must transfer their capital and men to the West Indies. operation of the tariff, and been turned to raising grain; Our ship carpenters will be dispersed, many of them and unless you restore this drawback, a still greater num-driven to British provinces, and the residue of them to ber will be forced from their accustomed employments, other pursuits--they can no longer take and instruct apand, as their only alternative, must go to foreign countries, prentices; there will be no longer a corps of young men or become agriculturists: and, instead of effecting the coming annually on the stage to fill the place of their ingreat object for which we started, to draw off numbers structors--and when we shall be convinced of our errofrom agricultural pursuits, and increase the demand for neous policy, and would retrace our steps, we shall find a agricultural products, our legislation will have exactly the vast amount of skill and capital forever lost to our country. contrary effect. Such is the connexion and dependan- Gentlemen who were in favor of the tariff of 1828, who cies of commerce and agriculture on each other, that any think every interest of the country should be subservient check or embarrassment thrown upon the one, is inevita- to a few classes of our manufacturers, if they would look bly felt by the other. Our commerce first felt the tariff to the permanent interest of those they are so zealous to of 1828: it bore hard on this important branch of our protect, would be the last to oppose this, or any other wealth, industry, and strength, from the very day of its measure that would relieve and aid other equally importoperation; and, now when commerce is sinking under this ant branches of national industry. If they feel conscious load, agriculture begins to feel the blow. Some of the that these manufacturers can, with a fair protection, susshackles on our commerce must be taken off, and this tain themselves, and wish such protection to be any thing drawback, trifling as it may seem, will save to the nation like permanent, they ought now to come forward and adthousands of tons of shipping, if not millions of capital. vocate a revision of that tariff. I did hope and expect that Freight, we all admit, is the soul and life of commerce; the friends of that measure would come forward and proand it is our duty, while we regard its prosperity, to give pose such a revision--that they would be willing to smooth every facility to multiply freights at home, and to obtain off some of its hard and sharp points, which so injuriously them abroad. affect a large portion of the community without benefiting

Grant this drawback, and you give to your vessels addi- any. That, now while they have the power, they would tional freights, by making a valuable article of export of show mercy, and not risk the whole by an unyielding deyour imports. And as it will enable you to increase your fence of such of its provisions as are admitted by all canimports in this trade of exchange, so it will greatly in-did men to be ruinous, oppressive, and absurd. crease your original export, and in all its operations infuse I know, when I speak of permanent protection, that new life into this depressed trade. we cannot, by our acts, bind those who succeed us, but I

As I before observed, while we have any commerce also know, that whatever is done in a spirit of fairness, left, we must make up our cargoes to suit the wants of mutual concession, and compromise, is much more likely our customers. And the only question is, whether you to be lasting, than that which is effected by mere force of will allow our own citizens to exchange what is of little numbers. or no value to us, for articles of foreign growth, and, after doubling the value of the foreign product by the labor of our manufacturer, allow it to be sent out of the country, or compel us to abandon this trade, and our merchants to purchase the goods of the foreign manufacturer, and pay for foreign labor.

An inquiry is now going on among the people, that will bring this country to a right result--an inquiry that cannot be stifled, stopped, or diverted. It is an inquiry each man is making of himself. What have I gainedwhat has my neighbor gained--what has the country gained, by these restrictions? The answer is uniform, depression, loss, embarrassment, and, in too many cases, bankruptcy and utter ruin. And the result of this inquiry will, ere long, he felt on this floor.

The commerce of a country is not built up or destroyed in a day. Pass what acts you will, even lay an embargo, and your tonnage account will not show much decrease the first or second year; for where commerce can sustain The very interests most clamorous for aid have sunk itself, new tonnage is constantly building to supply the under the weight of the protection granted them. So loss by decay and the loss at sea; and a restrictive act, peculiarly inconsistent are the provisions of the tariff of while it will detain your tonnage in port, and thereby les-1828 with its intention, that foreign labor and foreign sen the risk of the sea, will not prevent the increase of manufacturers are protected and benefited by it, while our new tonnage, the building of which commenced before own labor and our own mechanics are taxed and opthe passage of the restrictive act. The tariff of 1828 has pressed, and many important branches of our own indusproduced but a small decrease of tonnage in the year try suspended or destroyed. 1829; for the contracts for vessels were made before the If it is expedient to oppress ourselves with these enorpassage of that law, and vessels once begun were from mous taxes--if it is determined to force a surplus of milnecessity completed. If they remained in the stocks par- lions annually into the treasury, over and above its wants, tially finished, all was lost-if completed and launched, let us at least see that all bear something like an equal a part was saved. But our tonnage account for the years proportion of the burden. Above all, let us make the

H. of R.]

The Tariff.

[MARCH 11, 1830.

burden as light for our own citizens as we do for the fo- either in the original packages, or around the cotton bale, reigner. This is all I ask for the American distiller. I to any foreign country.' request no exclusive privilege to the injury of any of our Mr. POLK said, in offering this amendment, he did not citizens--no tax on any class of labor--I only ask that intend to indulge in any general discussion of the princiyou will place our own citizens on as good a footing as ples of the tariff. A very few remarks in explanation of you have the foreigner--that you will extend to them the the reasons which had induced him to offer it, was all that same privileges you grant the foreigner-that this branch he then deemed necessary. The resolution of the gen of national industry may not be absolutely destroyed. tleman from Maine proposes to instruct the Committee of I fear, sir, that the commercial interest of this country Ways and Means to bring in a bill to allow a drawback of is not a subject of even secondary consideration with this nine cents per gallon upon the exportation of rum disHouse; still I do hope that it will receive so far our con- tilled in the United States from foreign molasses. The sideration, that we shall not refuse to extend to it relief, reason given why this would be proper, is, that the navi. when by so doing we injure no other interest of the coun- gating interest of the East, as well as the manufacturer of try. And if we regard our navy, and expect it to sustain spirits from this foreign material intended for exportation, the character it has already acquired, we must turn more were oppressively burdened by the imposition of a duty of our attention to the merchant service. We must aid of ten cents per gallon, imposed by the tariff of 1828, on and sustain our commerce, or our appropriations for the the exportation of foreign molasses. If this be a satisfacnavy are worse than thrown away. We have yearly ex- tory reason why a drawback should be allowed upon this pended millions to repair, sustain, and increase our naval article, then he thought it could be clearly shown that, establishment; and the same Congress that appropriates upon the same principle, a drawback should be allowed millions to build additional ships of war, passes acts on the exportation of foreign cotton bagging wrapped that must and will sweep the decks of their ships of Ame- around the cotton bale. The two articles stand upon the rican seamen. It is in vain to build the ship, while we are same principle, and he could see no reason for allowing destroying the means of manning her. Shall we profit drawback in one case and refusing it in the other. Foreign nothing from the disasters of others? Have we not in the molasses, upon their importation into the United States, French navy an example, showing us that ships are but were subject to pay a duty under the present tariff of ten built for the enemy, unless you have the sailors to line cents per gallon. The molasses were distilled in this their sides? Better ships never floated than the French country into spirits, and in that state exported to foreign ships of war, and braver artillerists could not be found countries for market. The gentleman from Maine prothan were put on board of them; but they were as posed, upon the exportation of the spirits thus made from sure a prize to the English sailor as he came alongside molasses, to allow a drawback of nine cents per gallon, of them. Yet, sir, it is gravely proposed to man our navy leaving in the treasury one cent per gallon of the duty with landsmen, and two years' service as a marine, it is levied upon the importation of the molasses, to defray, said, will make a prime sailor. Why, sir, I do not believe he supposed, the incidental expenses and charges at the that twenty years' service would make a sailor out of a ma- custom-house. Now, did not the article of cotton bagging rine, unless he was first a sailor. If you mean to have prime stand precisely upon the same principle? That article, sailors, you must encourage your merchant service, and be- upon its importation into the United States, was charged gin with the boy-enure him to the ocean when young, and with a duty, under the tariff of 1828, of five cents per when he grows up your flag will float safely in every sea, square yard. When it was received in this country, it while your ship has a crew of such seamen to man and was used almost exclusively by the cotton planter in baling defend her. Remove the useless and oppressive restric- and preparing his cotton for market. It was again extions and burdens now imposed on our commerce; give to ported wrapped around the cotton. It was not consumed our merchants the protection enjoyed by those with whom in the country any more than the molasses distilled into they have to compete on the ocean, and our merchant ser- spirits and exported were. His proposition was to allow vice will raise and support in time of peace a corps of sea- to the cotton planter, upon the exportation of his cotton men, who will sustain, if they cannot increase, the reputa- bales, a drawback of four and a half cents per square tion of our navy in time of war. yard on the bagging with which his cotton was wrap

This resolution, if adopted, will be of more substantial, ped for market, leaving in the treasury half a cent per permanent benefit to our navy, than all the ships of war square yard of the duty originally paid upon its importayou will build these ten years. It will go to sustain that tion. The East, or at least a portion of the East, combranch of our commerce, which, more than any other, plained that the duty on molasses was onerous, so much causes the boy to embark on the ocean, and to these boys so, that it prevented its distillation into New England rum we must look to sustain our reputation as a naval power. for exportation, and thereby affected the shipping inte Sir, I will not longer trespass on the time of the House. rest; and that, therefore, a drawback of the duty should The proposition is so plain a one, that I am perhaps hardly be allowed upon exportation. The South might, with justified in consuming the time I already have taken up. equal reason, at least, complain that the duty of five cents If we mean any thing by saying we are disposed to en- per square yard on cotton bagging was an onerous and courage domestic industry-if we are willing to place unnecessary tax upon the cotton planter; that, in conse our citizens, our own manufacturers, on the same ground quence of it, he was compelled to pay five cents per square we have placed the foreign manufacturer, we shall not re- yard more for his cotton bagging, than he would have to fuse to adopt this resolution. pay if the duty was not levied; and that, therefore, upon the same principle, a drawback should be allowed to him upon the exportation of that article. If a drawback upon rum was allowed, New England would be relieved upon one item of the tariff, and could again, the gentleman from Maine has said, engage in the molasses and lumber trade. If the drawback which he proposed on cotton bagging was allowed, the effect would be, that the cotton planter could buy his cotton bagging for four and a half cents less per yard than he had now to pay for it. The only difference between the proposition contained in the resolution of the gentleman from Maine, and the amendment which he had offered, was, that the one was intended to relieve a portion of the

I ask gentlemen, if they are prepared to say to our citizens, if you will renounce your allegiance to this country, take your capitol and workmen and go out to Cuba, establish yourselves there, and become subjects of the King of Spain-we will give you the protection you ask; but if you remain in this country, and continue to be a citizen, subject to our laws, we will give you no relief. And this is what, by a rejection of this resolution, you will say to every American citizen.

Mr. POLK moved to amend the resolution, by adding, "and to allow also a drawback of four and one-half cents per square yard on foreign cotton bagging, exported