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CHAPTER LXXXI.
REDUCTION OF DUTIES. – MR. VERPLANK'S BILL

Reduction of duties to the estimated amount of three or four millions of dollars, had been provided for in the bill of the preceding session, passed in July, 1832, to take effect on the 4th of March, ensuing. The amount of reduction was not such as the state of the finances admitted, or the voice of the country demanded, but was a step in the right direction, and a good one, considering that the protective policy was still dominant in Congress, and on trial, as it were, for its life, before the people, as one of the issues of the presidential election. That election was over; the issue had been tried; had been found against the "American system," and with this finding, a further and larger reduction of duties was expected. The President had recommended it, in his annual message; and the recommendation, being referred to the Committee of Ways and Means, quickly produced a bill, known as Mr. Verplank's, because reported by the member of that name. It was taken up promptly by the House, and received a very perspicuous explanation from the reporter, who gave a brief view of the financial history of the country, since the late war and stated that —

"During the last six years, an annual average income of 27,000,000 of dollars had been received; the far greater part from the customs. That this sum had been appropriated, the one half towards the necessary expenses of the government, and the other half in the payment of the public debt. In reviewing the regular calls upon the treasury, during the last seven years, for the civil, naval, and military departments of the government, including all ordinary contingencies, about 13,000,000 of dollars a year had been expended. The amount of 13,000,000 of dollars would seem, even now, sufficient to cover the standing necessary expenses of government. A long delayed debt of public justice, for he would not call it bounty, to the soldiers of the Revolution, had added, for the present, since it could be but for a few years only, an additional annual million. Fourteen millions of dollars then covered the necessary expenditures of our government. But, however rigid and economical we ought to be in actual expenditures, in providing the sources of the revenue, which might be called upon for unforeseen contingencies, it was wise to arrange it on a liberal scale. This would be done by allowing an additional million, which would cover, not only extra expenses in time of peace, but meet those of Indian warfare, if such should arise, as well as those of increased naval expenditure, from temporary collisions with foreign powers, short of permanent warfare. We are not, therefore, justifiable in raising more than 15,000,000 dollars as a permanent revenue. In other words, at least 13,000,000 dollars of the revenue that would have been collected, under the tariff system of 1828, may now be dispensed with; and, in years of great importation, a much larger sum. The act of last summer removed a large portion of this excess; yet, taking the importation of the last year as a standard, the revenues derived from that source, if calculated according to the act of 1832, would produce 19,500,000, and, with the other sources of revenue, an income of 22,000,000 dollars. This is, at least, seven millions above the wants of the treasury."

This was a very satisfactory statement. The public debt paid off; thirteen millions (the one half) of our revenue rendered unnecessary; its reduction provided for in the bill; and the tariff of duties by that reduction brought down to the standard substantially of 1816. It was carrying back the protective system to the year of its commencement, a little increased in some particulars, as in the article of iron, but more than compensated for, in this increase, in the total abolition of the minimums, or arbitrary valuations – first introduced into that act, and afterwards greatly extended – by which goods costing below a certain sum were to be assumed to have cost that sum, and rated for duty accordingly. Such a bill, in the judgment of the practical and experienced legislator (General Smith, of Maryland, himself a friend to the manufacturing interest), was entirely sufficient for the manufacturer – the man engaged in the business, and understanding it – though not sufficient for the capitalists who turned their money into that channel, under the stimulus of legislative protection, and lacked skill and care to conduct their enterprise with the economy which gives legitimate profit, and to such real manufacturers, it was bound to be satisfactory. To the great opponents of the tariff (the South Carolina school), it was also bound to be satisfactory, as it carried back the whole system of duties to the standard at which that school had fixed them, with the great amelioration of the total abolition of the arbitrary and injurious minimums. The bill, then, seemed bound to conciliate every fair interest: the government, because it gave all the revenue it needed; the real manufacturers, because it gave them an adequate incidental protection; the South, because it gave them their own bill, and that ameliorated. A prompt passage of the bill might have been expected; on the contrary, it lingered in the House, under interminable debates on systems and theories, in which ominous signs of conjunction were seen between the two extremes which had been lately pitted against each other, for and against the protective system. The immediate friends of the administration seemed to be the only ones hearty in the support of the bill; but they were no match, in numbers, for those who acted in concert against it – spinning out the time in sterile and vagrant debate. The 25th of February had arrived, and found the bill still afloat upon the wordy sea of stormy debate, when, all of a sudden, it was arrested, knocked over, run under, and merged and lost in a new one which expunged the old one and took its place. It was late in the afternoon of that day (Monday, the 25th of February), and within a week of the end of the Congress, when Mr. Letcher, of Kentucky, the fast friend of Mr. Clay, rose in his place, and moved to strike out the whole Verplank bill – every word, except the enacting clause – and insert, in lieu of it, a bill offered in the Senate by Mr. Clay, since called the "compromise," and which lingered at the door of the Senate, upon a question of leave for its admittance, and opposition to its entrance there, on account of its revenue character. This was offered in the House, without notice, without signal, without premonitory symptom, and just as the members were preparing to adjourn. Some were taken by surprise, and looked about in amazement; but the majority showed consciousness, and, what was more, readiness for action. The Northern members, from the great manufacturing States, were astounded, and asked for delay, which, not being granted, Mr. John Davis, of Massachusetts, one of their number, thus gave vent to his amazed feelings:

"He was greatly surprised at the sudden movement made in this House. One short hour ago, said he, we were collecting our papers, and putting on our outside garments to go home, when the gentleman from Kentucky rose, and proposed to send this bill to a Committee of the Whole on the state of the Union, with instructions to strike it all out, and insert, by way of amendment, an entire new bill formed upon entirely different principles; yes, to insert, I believe, the bill which the Senate now have under consideration. This motion was carried; the business has passed through the hands of the committee, is now in the House, and there is a cry of question, question, around me, upon the engrossment of the bill. Who that was not a party to this arrangement, could one hour ago have credited this? We have, I believe, been laboriously engaged for eight weeks upon this topic, discussing and amending the bill which has been before the House. Such obstacles and difficulties have been met at every move, that, I believe, very little hope has of late been entertained of the passage of any bill. But a gleam of light has suddenly burst upon us; those that groped in the dark seemed suddenly to see their course; those that halted, doubted, hesitated, are in a moment made firm; and even some of those that have made an immediate abandonment of the protective system a sine qua non of their approbation of any legislation, seem almost to favor this measure. I am obliged to acknowledge that gentlemen have sprung the proposition upon us at a moment when I did not expect it. And as the measure is one of great interest to the people of the United States, I must, even at this late hour, when I know the House is both hungry and impatient, and when I perceive distinctly it is their pleasure to vote rather than debate, beg their indulgence for a few minutes while I state some of the reasons which impose on me the duty of opposing the passage of this act. [Cries from different parts of the House, 'go on, go on, we will hear.']

"Mr. Speaker, I do not approve of hasty legislation under any circumstances, but it is especially to be deprecated in matters of great importance. That this is a measure of great importance, affecting, more or less, the entire population of the United States, will not be denied, and ought, therefore, to be matured with care, and well understood by every gentleman who votes upon it. And yet, sir, a copy has, for the first time, been laid upon our tables, since I rose to address you; and this is the first opportunity we have had even to read it. I hope others feel well prepared to act in this precipitate matter; but I am obliged to acknowledge I do not; for I hold even the best of intentions will not, in legislation, excuse the errors of haste.

"I am aware that this measure assumes an imposing attitude. It is called a bill of compromise; a measure of harmony, of conciliation; a measure to heal disaffection, and to save the Union. Sir, I am aware of the imposing effect of these bland titles; men love to be thought generous, noble, magnanimous; but they ought to be equally anxious to acquire the reputation of being just. While they are anxious to compose difficulties in one direction, I entreat them not to oppress and wrong the people in another. In their efforts to save the Union, I hope their zeal will not go so far as to create stronger and better-founded discontents than those they compose. Peacemakers, mediators, men who allay excitements, and tranquillize public feeling, should, above all considerations, study to do it by means not offensive to the contending parties, by means which will not inflict a deeper wound than the one which is healed. Sir, what is demanded by those that threaten the integrity of the Union? An abandonment of the American system; a formal renunciation of the right to protect American industry. This is the language of the nullification convention; they declare they regard the abandonment of the principle as vastly more important than any other matter; they look to that, and not to an abatement of duties without it; and the gentleman from South Carolina [Mr. Davis], with his usual frankness, told us this morning it was not a question of dollars and cents; the money they regarded not, but they required a change of policy.

"This is a bill to tranquillize feeling, to harmonize jarring opinions; it is oil poured into inflamed wounds; it is to definitively settle the matters of complaint. What assurance have we of that? Have those who threatened the Union accepted it? Has any one here risen in his place, and announced his satisfaction and his determination to abide by it? Not a word has been uttered, nor any sign or assurance of satisfaction given. Suppose they should vote for the bill, what then? They voted for the bill of July last, and that was a bill passed expressly to save the Union; but did they not flout at it? Did they not spurn it with contempt? And did not South Carolina, in derision of that compromise, nullify the law? This is a practical illustration of the exercise of a philanthropic spirit of condescension to save the Union. Your folly and your imbecility was treated as a jest. It has already been said that this law will be no more binding than any other, and may be altered and modified at pleasure by any subsequent legislature. In what sense then is it a compromise? Does not a compromise imply an adjustment on terms of agreement? Suppose, then, that South Carolina should abide by the compromise while she supposes it beneficial to the tariff States, and injurious to her; and when that period shall close, the friends of protection shall then propose to re-establish the system. What honorable man, who votes for this bill, could sustain such a measure? Would not South Carolina say, you have no right to change this law, it was founded on compromise; you have had the benefit of your side of the bargains, and now I demand mine? Who could answer such a declaration? If, under such circumstances, you were to proceed to abolish the law, would not South Carolina have much more just cause of complaint and disaffection than she now has?

"It has been said, we ought to legislate now, because the next Congress will be hostile to the tariff. I am aware that such a sentiment has been industriously circulated, and we have been exhorted to escape from the hands of that body as from a lion. But, sir, who knows the sentiments of that body on this question? Do you, or does any one, possess any information which justifies him in asserting that it is more unfriendly than this House? There is, in my opinion, little known about this matter. But suppose the members shall prove as ferocious towards the tariff as those who profess to know their opinions represent, will the passage of this bill stop their action? Can you tie their hands? Give what pledges you please, make what bargains you may, and that body will act its pleasure without respecting them. If you fall short of their wishes in warring upon the tariff, they will not stay their hand; but all attempts to limit their power by abiding compromises, will be considered by them as a stimulus to act upon the subject, that they may manifest their disapprobation. It seems to me, therefore, that if the next Congress is to be feared, we are pursuing the right course to rouse their jealousy, and excite them to action.

"Mr. Speaker, I rose to express my views on this very important question, I regret to say, without the slightest preparation, as it is drawn before us at a very unexpected moment. But, as some things in this bill are at variance with the principles of public policy which I have uniformly maintained, I could not suffer it to pass into a law without stating such objections as have hastily occurred to me.

"Let me, however, before sitting down, be understood on one point. I do not object to a reasonable adjustment of the controversies which exist. I have said repeatedly on this floor, that I would go for a gradual reduction on protected articles; but it must be very gradual, so that no violence shall be done to business; for all reduction is necessarily full of hazard. My objections to this bill are not so much against the first seven years, for I would take the consequences of that experiment, if the provisions beyond that were not of that fatal character which will at once stop all enterprise. But I do object to a compromise which destines the East for the altar. No victim, in my judgement, is required, none is necessary; and yet you propose to bind us, hand and foot, to pour out our blood upon the altar, and sacrifice us as a burnt offering, to appease the unnatural and unfounded discontent of the South; a discontent, I fear, having deeper root than the tariff, and will continue when that is forgotten. I am far from meaning to use the language of menace, when I say such a compromise cannot endure, nor can any adjustment endure, which disregards the interests, and sports with the rights of a large portion of the people of the United States. It has been said that we shall never reach the lowest point of reduction, before the country will become satisfied of the folly of the experiment, and will restore the protective policy; and it seems to me a large number in this body act under the influence of that opinion. But I cannot vote down my principles, on the ground that some one may come after me who will vote them up."

This is one of the most sensible speeches ever delivered in Congress; and, for the side on which it was delivered, perfect; containing also much that was valuable to the other side. The dangers of hasty legislation are well adverted to. The seductive and treacherous nature of compromise legislation, and the probable fate of the act of legislation then so called, so pointedly foretold, was only writing history a few years in advance. The folly of attempting to bind future Congresses by extending ordinary laws years ahead, with a prohibition to touch them, was also a judicious reflection; soon to become history; while the fear expressed that South Carolina would not be satisfied with the overthrow of the protective policy – "that the root of her discontent lay deeper than the tariff, and would continue when that was forgotten" – was an apprehension felt in common with many others, and to which subsequent events gave a sad realization. But all in vain. The bill which made its first appearance in the House late in the evening, when members were gathering up their overcoats for a walk home to their dinners, was passed before those coats had got on the back; and the dinner which was waiting had but little time to cool before the astonished members, their work done, were at the table to eat it. A bill without precedent in the annals of our legislation, and pretending to the sanctity of a compromise, and to settle great questions for ever, went through to its consummation in the fragment of an evening session, without the compliance with any form which experience and parliamentary law have devised for the safety of legislation. This evasion of all salutary forms was effected under the idea of an amendment to a bill, though the substitute introduced was an entire bill in itself, no way amending the other, or even connecting with it, but rubbing it all out from the enacting clause, and substituting a new bill entirely foreign, inconsistent, and incongruous to it. The proceeding was a gross perversion of the idea of an amendment, which always implies an improvement and not a destruction of the bill to be amended. But there was a majority in waiting, ready to consummate what had been agreed upon, and the vote was immediately taken, and the substitute passed – 105 to 71: – the mass of the manufacturing interest voting against it. And this was called a "compromise," a species of arrangement heretofore always considered as founded in the mutual consent of adversaries – an agreement by which contending parties voluntarily settle disputes or questions. But here one of the parties dissented, or rather was never asked for assent, nor had any knowledge of the compromise by which they were to be bound, until it was revealed to their vision, and executed upon their consciences, in the style of a surprise from a vigilant foe upon a sleeping adversary. To call this a "compromise" was to make sport of language – to burlesque misfortune – to turn force into stipulation – and to confound fraud and violence with concession and contract. It was like calling the rape of the Romans upon the Sabine women, a marriage. The suddenness of the movement, and the want of all time for reflection or concert – even one night for private communion – led to the most incongruous association of voters – to such a mixture of persons and parties as had never been seen confounded together before, or since: and the reading of which must be a puzzle to any man acquainted with the political actors of that day, the unravelling of which would set at defiance both his knowledge and his ingenuity. The following is the list – the voters with Mr. Clay, headed by Mr. Mark Alexander of Virginia, one of his stiffest opponents: the voters against him, headed by Mr. John Quincy Adams, for eight years past his indissoluble colleague in every system of policy, in every measure of public concern, and in every enterprise of political victory or defeat. Here is the list!

Yeas. – Messrs. Mark Alexander, Chilton Allan, Robert Allen, John Anderson, William G. Angel, William S. Archer, John S. Barbour, Daniel L. Barringer, James Bates, John Bell, John T. Bergen, Laughlin Bethune, James Blair, John Blair, Ratliff Boon, Joseph Bouck, Thomas T. Bouldin, John Branch, Henry A. Bullard, Churchill C. Cambreleng, John Carr, Joseph W. Chinn, Nathaniel H. Claiborne, Clement C. Clay, Augustin S. Clayton, Richard Coke, jr., Henry W. Connor, Thomas Corwin, Richard Coulter, Robert Craig, William Creighton, jr., Henry Daniel, Thomas Davenport, Warren R. Davis, Ulysses F. Doubleday, Joseph Draper, John M. Felder, James Findlay, William Fitzgerald, Nathan Gaither, John Gilmore, William F. Gordon, Thomas H. Hall, William Hall, Joseph M. Harper, Albert G. Hawes, Micajah T. Hawkins, Michael Hoffman, Cornelius Holland, Henry Horn, Benjamin C. Howard, Henry Hubbard, William W. Irvin, Jacob C. Isaacs, Leonard Jarvis, Daniel Jenifer, Richard M. Johnson, Cave Johnson, Joseph Johnson, Edward Kavanagh, John Leeds Kerr, Henry G. Lamar, Garret Y. Lansing, Joseph Lecompte, Robert P. Letcher, Dixon H. Lewis, Chittenden Lyon, Samuel W. Mardis, John Y. Mason, Thomas A. Marshall, Lewis Maxwell, Rufus McIntire, James McKay, Thomas Newton, William T. Nuckolls, John M. Patton, Franklin E. Plummer, James K. Polk, Abraham Rencher, John J. Roane, Erastus Root, Charles S. Sewall, William B. Shepard, Augustine H. Shepperd, Samuel A. Smith, Isaac Southard, Jesse Speight, John S. Spence, William Stanberry, James Standefer, Francis Thomas, Wiley Thompson, John Thomson, Christopher Tompkins, Phineas L. Tracy, Joseph Vance, Gulian C. Verplanck, Aaron Ward, George C. Washington, James M. Wayne, John W. Weeks, Elisha Whittlesey, Campbell P. White, Charles A. Wickliffe, John T. H. Worthington.

Nays. – Messrs. John Q. Adams, Heman Allen, Robert Allison, Nathan Appleton, Thomas D. Arnold, William Babcock, John Banks, Noyes Barber, Gamaliel H. Barstow, Thomas Chandler, Bates Cooke, Richard M. Cooper, Joseph H. Crane, Thomas H. Crawford, John Davis, Charles Dayan, Henry A. S. Dearborn, Harmar Denny, Lewis Dewart, John Dickson, William W. Ellsworth, George Evans, Joshua Evans, Edward Everett, Horace Everett, George Grennell, jr., Hiland Hall, William Heister, Michael Hoffman, Thomas H. Hughes, Jabez W. Huntington, Peter Ihrie, jr., Ralph I. Ingersoll, Joseph G. Kendall, Henry King, Humphrey H. Leavitt, Robert McCoy, Thomas M. T. McKennan, John J. Milligan, Henry A. Muhlenberg, Jeremiah Nelson, Dutee J. Pearce, Edmund H. Pendleton, Job Pierson, David Potts, jr., James F. Randolph, John Reed, Edward C. Reed, William Slade, Nathan Soule, William L. Storrs, Joel B. Sutherland, John W. Taylor, Samuel F. Vinton, Daniel Wardwell, John G. Watmough, Grattan H. Wheeler, Frederick Whittlesey, Ebenezer Young.