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THJ2 



AMERICAN 



ANNUAL REGISTER; 



FOR THE YEARS 1827-8-9. 



OH, 



THE FIFTY-SECOND AND FIFTY-THIRD YEARS OF ABIERICAN 1 
INDEPENDENCE: 



JTEW-YORK: 

PUBLISHED BY E. & G. W. BLUNT. 

1830. 



Southern District of Jfea- 1'crk, u- 

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

the Independence of the United Slates of America, E. & G. W. Blunt, of the said district 
[Zi. 8.1 v ,f de P 081t d , ln ** office the title of aBook, the right whereof they claim as proprietor.' 
in the worda following, to wit : 

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

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

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



D 

3L 

A5 




PREFACE. 



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

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



i\ PREFACE. 

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

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

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

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



CONTENTS. 



V&gc 

CHAPTER I. 

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

CHAPTER H. 

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

CHAPTER HI. 

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

CHAPTER IV. 

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

CHAPTER V. 

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

CHAPTER VI. 

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

CHAPTER VII. 

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

CHAPTER VIII. 

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

CHAPTER IX. 

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



vi CONTENTS. 

< Page 

CHAPTER X. 

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

CHAPTER XI. 

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

CHAPTER XII. 

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

CHAPTER XIII. 

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

CHAPTER XIV. 

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



^ * v 

Page 

CHAPTER XV. 

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

CHAPTER XVI. 

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

CHAPTER XVII. 

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

CHAPTER XVIII. 

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

CHAPTER XIX. 

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

CHAPTER XX. 
PERU AND BOLIVIA. 

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

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

CHAPTER XXI. 
BRAZIL AND LA PLATA. 

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



vu, CONTENTS. 

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

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

Executive officers, 

Army promotions, 558 564 

Navy promotions, 
Twentieth congress members of, 

Governors of stales, * -/ 

Reports on the sinking fund, 
Public debt, 

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

Commerce of United States, for 1827, 580 

Do do 1828, - 582 

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

Tonnage entering and leaving each district, for 1827, 

Do do do 1828, 588 

Do belonging to each district, for 1826, 590 

Do do do 1827, 592 

Comparative view of tonnage, 594 

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

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

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

Tables on public lands of United States, 602 

Statistics of the world, 606 

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

Expenditure of do 1827, - 614 

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

Public debt of Great Britain and Ireland, 617 

Tonnage tables, - gjg 

Exports of do - o-30 

Imports of do 

French revenue, . 621 

Imports, exports, and tonnage, goo 

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

several states. 

Maine, . 3 

New Hampshire, .,.. 

Massachusetts, 

Vermont, - 16 

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

New Jersey, . UQ 

Pennsylvania, 

Delaware, . 103 

Maryland, 
Virginia, 
North Carolina, 

South Carolina, .: 

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



Kentucky, 

Ohio, 

Indiana, 

Illinois, 

Missouri, 

District of Columbia, 



153 
156 
160 
162 
163 
164 



AMERICAN ANNUAL, REGISTER, 



FOR 



THE YEARS 1827-8-9. 



HISTORY OF THE UNITED STATES. 
CHAPTER I. 

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



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

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

VOL. III. 



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



10 



ANNUAL REGISTER, 16-J7-3-9. 



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

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



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

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



OF OPPOSITION. 



11 



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

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



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



[2 



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



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

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

Experience had shown, that the 



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



OF OPPOSITION. 



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



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

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



14 



ANNUAL REGISTER, 1327-6-9. 



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

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

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



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

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

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

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

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



TWENTIETH CONGRESS. 



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

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

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

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

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

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



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

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



YMMJAL REGISTER, 1827-s-J. 



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

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

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



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

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

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



MILITIA MEiS. 



17 



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

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

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

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

VOL. III. 



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

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



18 



A.VMAL REGISTER, 



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

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

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

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



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

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



RETRENCHMENT COMMITTEE. 



19 



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

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

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

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



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

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

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

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

Last Administration. 
1822, $173,5579.51 



1823, 
1824, 



314,668.56 
27D,731 .27 



Present Administration 

1825, $306,73 1. 74 

1826, 255,296.20 

1827, 287,463.42 



This difference in favour of the 



fco 



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



1022, $239,450 

1823, 154,800 

1824, 309,350 



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

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

lf:-2r>, $336,050 

1826, 3.50,932 

1827, 290,550 

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

1822, nothing 1R25, $1,700.00 

1823, $3,000 1826, 1,666.66 

1824, 2,130 1827, 8,968.01 

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

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



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

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

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

1825-6-7, - - 72,495.63 

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

During the latter period, 95,045.59 

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

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

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



RETRENCHMENT COMMITTEE 



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

fice, . . $6,942.44 

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

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

1820, 315, 

1821, 287. 

The expenditures through this 
department, during the periods be- 



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



sults. 

1822, $5,467,424 

1823, 5,279,740 

1824, 5,259,615 



1825, 5,750,774 

1826, 6,195,281 

1827, 5,707,899 



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

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

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

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



ANNUAL REGISTER, lssJT-S-9. 



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

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

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

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

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

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

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



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

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

5,137,599 

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

6,106,120 

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

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

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



RETRENCHMENT COMMITTEE. 



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

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



tures was divided into two general 
heads. 

1. For objects of public service. 

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

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

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

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



ANNUAL REGISTER, ib27-b-9. 



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

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

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

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

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

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

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



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

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

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

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

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



RETRENCHMENT COMMITTEE . 



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

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

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

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

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

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

VOL. III. 



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

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

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

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



ANNUAL REGISTER, 1827-8-9. 



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

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

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



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

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

The report then proceeded to ex- 



RETRENCHMENT COMMITTEE. 



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

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

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

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



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



<& 



AiVMJAL REGISTER, 1827-8-9. 



vcd economy in the executive de- 
partment. 

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

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

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

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

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



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

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

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

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

For stationary. Si, 686 






RETRENCHMENT COMMITTEE. 



29 



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

Stationary, $2,266 

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

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

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

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

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



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

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

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

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

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



ANNUAL REGISTER, 1827-8-u, 



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

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



and honourable station held by one 
of the candidates. 

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

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



PRESIDENTIAL ELECTION. 



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



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





Jackson. 


Votes at the polls- Jldams 


Votes at the polls- 


Maine, 


1 


13,927 


8 


20,733 Districts. 


N. Hampshire, 





20,922 


8 


24,124 General Ticket. 


Massachusetts, 





6,016 


15 


29,876 Do. do. 


Rhode Island, 





821 


4 


2,754 Do. do. 


Connecticut, 





4,448 


8 


13,838 Do. do. 


Vermont, 





8,350 


7 


25,363 Do. do. 


New- York, 


20 


140,763 


16 


135,413 Districts. 


New-Jersey, 





21,951 


8 


23,764 General Ticket* 


Pennsylvania, 


28 


101,652 





50,848 Do. do. 


Delaware, 







3 


Legislature. 


Maryland, 


5 


24,565 


6 


25,527 Districts. 


Virginia, 


24 


26,752 




12,101 General Ticket. 


N. Carolina, 


15 


37,857 




13,918 Do. do. 


S. Carolina, 


11 






Legislature. 


Georgia, 


9 


19,363 




No opp. Gen. Ticket. 


Alabama, 


5 


17,138 




1,938 General Ticket. 


Louisiana, 


5 


4,603 




4,076 Do. do. 


Mississippi, 


3 


6,772 




1,581 Do. do. 


Tennessee, 


11 


44,293 




2,240 Districts. 


Kentucky, 


14 


39,394 




31,460 General Ticket. 


Ohio, 


16 


67,597 




63,396 Do. do. 


Indiana, 


5 


22,257 




17,052 Do. do. 


Illinois, 


3 


9,560 




4,662 Do. do. 


Missouri, 


3 


8,272 




3,400 Do. do. 



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

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



ANNUAL REGISTER, 1827-8-9. 



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

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



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

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

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

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



CHARACTER 01- MR. ADAMS' ADMINISTRATION. 



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

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

VOL. HI. 



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

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

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



ANNUAL tfEGISTEK, 1627-8-9. 



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

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

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



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

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

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

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

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



CHAPTER II. 



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



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

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



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



ANNUAL REGISTER, 1827-8-9. 



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

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



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



TARIFF. 



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

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

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



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



38 



ANNUAL REGISTER, 1827-8-9. 



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



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

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



TARIFF. 



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

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

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

On bar iron, from 90 to 112 cents 



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

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

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

A memorial to this effect was 



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



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

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

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



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

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

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



TARIFF. 



4 i 



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

These considerations, connected 
with others more immediately 

Voi. III. 6 



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

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

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

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

In the house, the standing com- 



<v 



ANNUAL REGISTER, 16-27-8-9. 



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

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



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

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

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

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



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



TARIFF. 



43 



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

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

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

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

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



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

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

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

Mr. Livingston was in favour 6f 



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



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

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

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

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

Negatived. 

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

O 

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

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

Mr. Oaklev said, that in his 



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

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

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

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

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

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



TARIFF. 



45 



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

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

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

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

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

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

On pig iron, 62 cents per cwt. 

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

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



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

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

On steel, $1.50 per cwt. 

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

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

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

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

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

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

On woollen blankets, hosierv, 



4(J 



ANNUAL REGISTER, 1827-8-9. 



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

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

On sail duck, 9 cents the square 
yard. 

On molasses, 10 cents per gal- 
Ion. 

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

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

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

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

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

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



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

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

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

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

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

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

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



TARIFF. 



47 



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

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



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

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

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

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

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

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

On the day last mentioned, Mr. 



\\MAh REGISTER, 1827-8-9. 



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

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

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

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

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



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

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

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

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

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



TARIFF. 



49 



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

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

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

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

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

VOL. III. 



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

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

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

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

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



50 



ANNUAL REGISTER, 1627 



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

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

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

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

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

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



ment in the quality of the domestic 
article. 

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

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

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






'TARIFF. 



53 



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

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

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

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

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



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

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

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



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



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

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

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

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

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

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

The duty on molasses, and the 



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

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

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

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



TARIFF. 



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

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

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



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

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



ANMAL REGISTER, 1827-8-9. 



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

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

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

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



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

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

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

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

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

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

Mr. Havnes moved an amend. 



TARIFF. 



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

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

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

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



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

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

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

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

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



50 



ANNUAL REGISTER, 1627-8-9. 



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

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

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

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

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

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

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



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

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

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

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

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



TARIFF. 



57 



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

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

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

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

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

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

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

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

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

VOL. HI. 



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

These amendments were also 
rejected yeas 85, nays 110. 

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

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

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

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

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



58 



ANiNUAL REGISTER, 1827-a-i/. 



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

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

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

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

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

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



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

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

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

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

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

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

6th. A similar advance on blan. 
kets. 

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

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



TARIFF. 



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

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

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

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

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

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

The amendment, reducing the 



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

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

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

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

The amendment was adopted 
ayes 29, nays 17. 

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

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

Mr. Dickerson moved to further 



ANNUAL REGISTER, 1827-9-9. 



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

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

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

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

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

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

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



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

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

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

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

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



TARIFF. 



GJ 



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

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

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

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

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

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

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

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



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

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

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



ANNUAL REGISTER, 1827-8-9. 



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

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



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

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



TARIFF. 



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

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



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

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

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



li-l 



ANNUAL REGISTER, 1827-8-9 



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

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

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



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

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

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

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



TARIFF. 



U5 



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

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

VOL, III, 



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

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



ANNUAL REGISTER, 1827-6-0. 



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



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

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



TARIFF. 



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



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

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



CHAPTER III. 



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



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



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

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

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



70 



ANNUAL REGISTER, 1827-8-9. 



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

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

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

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



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



INDIAN AFFAIRS. 



71 



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

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



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

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



ANNUAL REGISTER, 18^7-s-y. 



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

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

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



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

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

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

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

At length the matter was arran- 

O 

ged, by vesting the treaty-roaking 



INDIAN AFFAIRS. 



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

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

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

VOL. TIT. 10 



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

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

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



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



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

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

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

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

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

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



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

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

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

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



1 



INDIAN AFFAIRS. 



75 



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

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



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

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



ANNUAL REGISTER, 1827-8-9. 



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

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

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



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

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

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



INDIAN AFFAIRS. 



77 



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

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



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

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

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



78 



ANNUAL REGISTER, 1827-8-9. 



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

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

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

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

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

O ' 

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



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

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



INDIAN AFFAIRS. 



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

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

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

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

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

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

Having the means, they have 



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

The northrwestern tribes were 
in a still worse condition. 

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

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



80 



ANNUAL REGISTER, 1827-8-9. 



combined causes has reduced the 
north-western tribes to a state of 
complete dependence, misery, and 
want; and rendered them objects 
of commiseration and compas- 
sion, to all who had an opportu- 
nity of contemplating their condi- 
tion. If nothing could be inter- 
posed to check their operation, 
their fate might be easily predicted. 
Their situation was made known 
to the general government, and a 
plan was proposed for their remo- 
val to a territory assigned to them 
beyond the Mississippi, with the 
view of placing them beyond the 
reach of those causes, which be- 
fore prevented their advance in 
civilization. With them, the plan 
of civilizing them whilst in their 
present situation, had totally failed. 
It only remained to modify it, so as 
to afford it another chance of suc- 
cess ; or, at least, to secure the 
comfort of the Indians in a better 
situation. 

The plan proposed by the secre- 
tary of 1 war, (Mr. Barbour,) in his 
report, February 3d, 1826, was to 
assign to the Indians, a territory be- 
yond the Mississippi, and so much 
on the east of that river, as lies west 
of Huron and Michigan, in which a 
territorial government was to be 
maintained by the United States. 
According to this plan, the Indians 
were to emigrate as individuals, and 
not as tribes ; and they were to be 
amalgamated as one community ; 
and the property was to be divided 
among them as individuals. All 



this, however, was to be effected 
by the consent of the Indians ; 
and upon more deliberate exami- 
nation, it was found to be imprac- 
ticable. 

Another plan was then proposed, 
by which distinct reservations were 
to be assigned to the different tribes, 
extending from the western bounda- 
ries of the Missouri and Arkansas, 
to the Rocky mountains, forming a 
territory 600 miles long, from north 
to south, and about 200 miles of ha- 
bitable country, in width. 

An Indian superintendency was 
to be established over the tribes, to 
preserve them in a state of peace, 
and to give them an idea of civil 
government. 

This subject came up incidental- 
ly, in a discussion on the Indian ap- 
propriation bill, during the first ses- 
sion of the twentieth congress, and 
produced a long debate. It did not 
appear, however, that any definite 
plan was devised, which met with 
the approbation of that body. 

A proposal made, to dispose of a 
part of an appropriation to extin- 
guish the Cherokee title in Geor- 
gia, with the view of aiding the re- 
moval of the Indians, was not de- 
cided; and a proposition to preserve 
the distinction between the Indians 
living north of 86 30', and those 
living south of that line, was nega- 
tived in the house, 37 ayes, 77 nays. 

Congress, at this time, apppear- 
ed to be unwilling, to depart from 
the policy hitherto pursued towards 
the aboriginals. 



LNDIAN AFFAIRS. 



31 



The number of the Indians in the 
states east of the Mississippi, was, 
according to the report of the secre- 



companied by interpreters, and 
United States agents, were sent, at 
the expense of the general govern- 



tary of Avar, at the last session of raent, from the Ottawas, and the 



congress, as follows ; viz. In the 
New-England states, 2,526 

New-York, 4,820 

Pennsylvania, 300 

Tennessee, 1,000 

Virginia, 47 

North-Carolina, 3,100 

South-Carolina, 300 

Georgia, 5,000 

Ohio, 1,877 

Mississippi. 23,400 

Indiana, 4,050 

Michigan, 29,450 

Alabama, 19,200 

Florida, 4,000 

Illinois, 5,900 

Between the Mississippi, 
and the Rocky Mountains, 108,070 

Within the ranges of the 
Rocky Mountains, 20,000 

West of the Rocky Moun- 
tains, 80,000 
The removal of aportion of these, 
was not required, either by the 
whites, or the Indians themselves. 
But in some parts of the country, 
(he urgency of the inhabitants was 
so great, for their removal, and their 
own condition so imperiously re- 
quired it, that government seriously 
commenced the task of preparing a 
territory for their reception. The 
title of those tribes, beyond the 
Mississippi, that claimed the land, 
being extinguished, exploring par- 
ties, composed of several chiefs, ac- 
VOL. HI. II 



Pattawatimas, and also from the 
Creeks, the Choctaws, and the 
Chickasaws. After surveying the 
territory, the Creeks, and the north- 
western Indians returned, satisfied 
with their new country, and willing 
to remove ; but the Choctaws, and 
Chickasaws, were not so well satis- 
fied. These latter, did not, how- 
ever, give a definite answer to the 
proposition of the government; and 
in the mean time, the impatience of 
the state governments, within whose 
limits the south-western tribes re. 
sided, and their rapid advances in 
civilization, together with the deci- 
sive step taken by the Cherokees, 
(who refused all proposition to cede 
any portion of their lands,) in adopt- 
ing a written constitution, produced 
a state of things, which forcibly at- 
tracted the public attention to our 
Indian affairs. The general go- 
vernment found itself unexpectedly 
involved in two conflicting courses 
of policy. 

The plan now adopted, of colo- 
nizing the Indians beyond the Mis- 
sissippi, was inconsistent with that 
hitherto pursued, of civilizing them, 
and rendering them a stationary 
people, dependent upon agriculture : 
and if carried into effect, would al- 
most render nugatory the efforts 
and expenditures devoted to these 
ends. 



82 



ANNUAL REGISTER, 1 0^-3- 



A much more serious difficulty 
arose, from the conflicting preten- 
sions of the Indian tribes, and the 
governments of the states where 
they resided, urged on the part of 
the latter, in the most unaccommo- 
dating spirit. Whilst these tribes, 
relying on the guaranty of the ge- 
neral government to their lands, and 
on their entire freedom from all 
control, in the regulation of their 
domestic concerns, were advancing 
in civilization, and developing their 
capacity for self-government ; the 
surrounding state governments 
were preparing to extend their ju- 
risdiction over them, against the 
will of the federal government ; and 
threatened to throw them back into 
a worse and more hopeless state 
than that of primitive barbarism. 

The adoption of a written con- 
stitution by the Cherokees, with 
provisions, assimilating their local 
customs and laws, to the system of 
American jurisprudence ; and esta- 
blishing a government in which the 
executive, judicial, and legislative 
departments were kept distinct, 
without in any manner recognising 
the state authorities, or any rela- 
tions with the general government, 
except through public Cherokee 
agents, appointed by the legislature, 
was a large stride towards becoming 
a distinct civilized community. It 
was, in fact, preparing the way to 
erect an imperium in imperio ; and 
was calculated to bring on collision, 
with such state governments as 



were not disposed to act with deli- 
cacy and caution, in the adjust- 
ment of these claims. Until that 
period, the relations had been suit- 
able to the relative condition of the 
several parlies, and had conduced 
to the preservation of quiet. In 
establishing them, however, the fe- 
deral government had not sufficient- 
ly considered the changes, which 
time would probably produce in their 
relative situation ; and in making 
treaties with them, it had, in reality, 
contracted between the government 
and the tribes, many of the com- 
plicated relations belonging to the 
municipal state, without having de- 
termined the boundaries of the au- 
thority by which those relations 
were to be controlled. 

It was obvious, so far as some of 
the civilized tribes were concerned, 
that the time was fast approaching, 
when it would be, not only the right, 
but the duty of the government, to 
extend its jurisdiction over them : 
and, exercising over their persons 
and property, the salutary control 
of guardianship, to prepare them 
for admission to all the rights of 
American citizens. In changing, 
so completely, the existing rela- 
tions, great caution and delicacy 
were requisite. To the preserva- 
tion of the property of the Indians 
in their lands, the national faith 
was pledged. No construction of 
state rights could affect this guaran- 
ty. The treaty was the supreme 
law of the land : and anv violation 



INDIAN AFFAIRS. 



of us stipulations, more especially 
towards Indian tribes, depending 
solely on its sense of justice, and 
the obligation of good faith, would 
justly expose the government to the 
indignation of the world. Equal, 
and even greater care wa,s neces- 
sary, in determining upon their ci- 
vil rights. The character of the 
nation was pledged to the world, 
that the aboriginal tribes within its 
limits, should be treated with deli- 
cacy, kindness, and humanity. It 
had taken upon itself the character 
of their guardian, and it could not 
escape from this high responsibility. 

In yielding to the claims of the 
state governments, to extend their 
jurisdiction over all persons within 
their limits, the federal govern- 
ment was bound to see that the 
civil rights of the Indians were pre- 
served ; that their condition was not 
rendered worse, by the change. If 
that duty was performed, the nation- 
al obligations were substantially 
fulfilled, and its integrity main- 
tained. 

The whole question depended 
upon the character of the state le- 
gislation respecting the Indians ; 
and when a state attempted to ex- 
tend its jurisdiction over any tribes 
connected with the United States, 
by the ordinary Indian relations, 
the general government became 
directly interested in its legislation 
over them, and entitled to be con- 
sulted in establishing its principles ; 
until the Indians were amalgramn. 



ted with the rest of the communi- 
ty. Any disregard of the princi- 
ples of justice, in extending state 
sovereignty over them any ap- 
propriation of their lands without 
their consent any diminution of 
their social comforts, or civil rights, 
by state legislation, would be a di- 
rect violation of treaties, and of 
the faith of the American people. 
No distinctions, drawn from the 
apportionment of the sovereign 
powers, could avert this conclusion. 
The national faith was pledged by 
the constitutional authorities, and 
the treaty stipulations must be sub- 
stantially complied with. 

Entertaining these views of the 
nature of the obligations of the ge- 
neral government, and yet ear- 
nestly desirous of relieving the 
states from their Indian population, 
the Secretary of War, (Peter B. 
Porter,) recommended, in his an- 
nual report to the 2d session of 
the 20th Congress, a plan, of 
which the following extract con- 
tains the principal features : 

" If the project of colonization 
be a wise one, and of this, I be- 
lieve, no one entertains a doubt, 
let us shape all our laws and 
treaties to the attainment of that 
object, and impart to them an effi- 
ciency that will be sure to effect it. 
Let such of the emigrating In- 
dians, as choose it, continue, as 
heretofore, to' devote themselves 
to the chase, in a country where 
their toils will be amply rewarded. 



84 



REGISTER. 



Let those who are willing to culti- 
vate the arts of civilization, be 
formed into a colony, consisting of 
distinct tribes or communities, but 
placed contiguous to each other, 
and connected by general laws, 
which shall reach the whole. Let 
vhe lands be apportioned among 
families and individuals in seve- 
rally, to be held by the same te- 
nures by which we hold ours, with 
some temporary and wholesome 
restraints on the power of aliena- 
tion. Assist them in forming and 
administering a code of laws 
adapted to a state of civilization. 
Let the $10,000 appropriation be 
applied, within the new colony, ex- 
clusively to the same objects for 
which it is now expended ;* and 
add to it, from time to time, so 
much of our other annual contri- 
butions, as can be thus applied 
without a violation of public faith. 
In regard to such Indians as 
shall still remain within the states, 
and refuse to emigrate, let an ar- 
rangement be made with the proper 
authorities of the respective states 
in which they are situated, for par- 
titioning out to them, in severally, 
as much of their respective reser- 
vations as shall be amply sufficient 
for agricultural purposes. Set 
apart a tract, proportioned in size 
fo the number of Indians, to re- 
main in common, as a refuge and 
provision for such as may, by im- 
providence, waste their private 



property ; and subject them to all 
the municipal laws of the state in 
which they reside. Let the re- 
mainder of the reservation be paid 
for by those who hold the para- 
mount right, at such prices as shall 
be deemed, in reference to the 
uses which Indians are accustomed 
to make of lands, reasonable ; and 
the proceeds to be applied for the 
benefit of those of the tribe who 
emigrate, after their establishment 
in the colony ; or to be divided be- 
tween those who emigrate and 
those who remain, as justice may 
require." 

The committee on Indian affairs 
coincided in the view taken by the 
Secretary of War, except as to 
the appropriation of $10,000 for 
education, which, in the opinion of 
the committee, was judiciously em- 
ployed at present. 

Upwards of 1,300 children were 
enjoying the benefits of the appro- 
priation, and the distribution of the 
whole sum seemed to be judiciously 
made, and to have essentially con- 
tributed to the improvement of the 
Indian character. They therefore 
were opposed to the repeal of that 
law. They, however, recommend- 
ed an additional appropriation of 
$50,000, towards carrying the pro- 
posed plan into effect. The bill 
they brought in for that purpose 
was not acted on, and the whole 
subject was referred to the wisdom 
of the succeeding administration. 



: : T-J the education of Indian children, and teaching them the mechanic arts. 



CHAPTER IV. 



Opening of the tuxntieth Congress. Message of President Business of 
Congress Duties on wines On salt Process in United States Courts 
Proceedings in Senate In House Powers of Vice President Ad- 
journment. 



THE first session of the 20th 
Congress commenced on the 4th of 
December, 1827. In the senate, 
all the members were present at 
the commencement of the session, 
except two. 

In the House of Representa- 
tives 207 members answered to 
their names, and proceeded to or- 
ganize the house. Upon balloting 
for speaker, Andrew Stevenson, of 
Virginia, had 104 ; John W. Tay- 
lor, of New- York, had 94, and 7 
scattering. 

The opposition speaker having 
been elected, the house adjourned 
to the next day, when the annual 
message of the President of the 
United States was transmitted to 
congress. This message will be 
found among the public documents, 
in the second part of the present 
volume. It gave a clear and suc- 
cinct account of the state of our 
foreign relations. 

After stating that the first arti- 
cle of the treaty of Ghent had at 
last been carried into effect, and 
1, 204,960 received from the Bri- 



tish government, as full indemnity 
to the claimants ; it proceeded to 
state the nature of the existing 
conventions with Great Britain, re- 
specting commerce, and the boun- 
daries between the territories of 
the parties beyond the Rocky 
mountains ; and that it had been 
thought expedient to extend their 
duration for an indefinite period, 
with liberty to either party to ter- 
minate them after twelve months' 
notice. Congress was also in- 
formed, that the questions with 
that government, concerning the 
northern and north-western boun- 
daries of the United States, had 
been satisfactorily settled, and a 
convention concluded, referring 
the dispute respecting the north- 
eastern boundary to the decision 
of a common umpire. The result 
of the controversy about the trade 
to the British West Indies, of which 
a full account was given in the 
third chapter of the last volume, 
was communicated to congress ; 
and the peaceful relations of the 
United States with the rest of En- 



\.NiM AL REGISTER, 



rope were mentioned, as a subject 
of just congratulation. 

The state of the public finances 
was fully detailed. The receipts, 
during the year 1827, presented 
an aggregate of $21,400,000; 
the expenditures amounted to 
$22,300,000. The revenue of 
the ensuing year was estimated at 
a sum about equal to the expendi- 
tures of the present ; but the ne- 
cessity of extinguishing the public 
debt, induced the president to re- 
commend to congress the strictest 
economy in its appropriations. 
The receipts from the Post-Office 
exceeded its expenditure $100,000. 

Some disturbances had occur- 
red on the north-western frontier, 
among the Indians ; but the prompt 
movements on the part of the go- 
vernors of Illinois and Michigan, 
aided by the presence of the Uni- 
ted States troops, had restored 
tranquillity. The perpetrators of 
the murders were surrendered to 
the authority of the laws of the 
United States, and the hostile pur- 
poses of the Indians overawed. 
An augmentation of the engineer 
corps was recommended ; and the 
reports of surveys, which had been 
made since the adjournment, were 
submitted to congress. 

These consisted of surveys of 
the peninsula of Florida, to ascer- 
tain the practicability of a canal 
to connect the waters of the Atlan- 
tic with the gulf of Mexico, across 
that peninsula: and also, of the 



country between the bays of Mo- 
bile and of Pensacola, with the 
view of connecting them together 
by a canal ; 

Of surveys of a route for a ca- 
nal to connect the waters of James 
and Great Kenhawa rivers ; 

Of the survey of the Swash, in 
Pamlico sound, and that of cape 
Fear, below the town of Wilming- 
ton, in North Carolina ; 

Of the survey of the Muscle 
shoals, in the Tennessee river, 
and for a route for a contemplated 
communication between the Hiwas- 
see and Coosa rivers, in the state 
of Alabama. 

Other reports of surveys, upon 
objects pointed out by acts of con- 
gress, were stated to be in a course 
of pieparation. The propriety of 
progressing in the systems of in- 
ternal improvement, and of forti- 
fying the sea coast, was again en- 
forced upon the wisdom of con- 
gress. The increase of the navy, 
and the improvement of its charac- 
ter, by means of a naval school, 
were also recommended. The 
situation of the public lands was 
alluded to ; and the propriety of ex- 
tending the credit to the pur- 
chasers, and remitting the interest, 
was suggested, as due to the neces- 
sities of a portion of those who 
were indebted tp the government 
on that account. 

The business which annually 
comes before congress, may be 



DbTlES ON WINES. 



> la&seti under three heads: first, 
the maintaining the established 
policy of the country, and provi- 
ding for the necessities of the go- 
vernment. All measures of this 
sort are carried into execution by 
means of appropriations ; and the 
discussions concerning their expe- 
diency, generally arise upon the 
annual appropriation bills. 

The second comprehends all 
measures changing or modifying 
the national policy ; and all new 
propositions generally fall under 
this head. 

The third consists of claims, re. 
solutions for inquiry, and miscel- 
laneous matters. 

The chief measure of general in- 
t crest of the second description, 
which was acted upon at this ses- 
sion, was the tariff; and the history 
of all the proceedings relating 
thereto, will be found in that se- 
cond. Other propositions, relative 
to the existing rate of duties on 
other articles, were brought for- 
ward, chiefly with the view of af- 
fording some relief to the navigat- 
ing interest. A bill reducing the 
duties on wines passed into a law, 
after a close division in the house. 

Under the existing rate of du- 
ties, the consumption of wines, 
and, consequently, the commerce 
with the wine-growing islands, had 
been constantly diminishing ; and 
to such an extent had this taken 
place, that the amount of revenue 
from the duties on wines was ac- 



tually less, under the present rate 
of duties, than it would be under 
the reduced rate, should the con- 
sumption of wine advance to its 
former standard. The duty on 
non-enumerated wines was some- 
what advanced, and their con- 
sumption would probably be dimi- 
nished ; but, on the whole, it was 
believed, that the consumption of 
wines would be increased by the 
proposed modification of duties, 
and that the total amount of reve- 
nue from that source would be 
augmented. By this bill, the duty 
on the red wines of France and 
Spain, when imported in casks, 
was reduced to 10 cents per gal- 
lon ; on all other French and Spa- 
nish wines, and on those of Ger- 
many, and the Mediterranean, im- 
ported in casks, 15 cents per gal- 
lon. On sherry and Madeira wines, 
50 cents per gallon ; and when im- 
ported in bottles, the duty on the 
bottles to be added. 

On all other wines, 30 cents per 
gallon ; and when imported in bot- 
tles, the duty on the bottles in addi- 
tion. 

A drawback to be allowed on 
exportation, according to the exist- 
ing regulations concerning draw- 
backs. 

In the house, May 21st, this bill 
was at first rejected by a vote of 
87 ayes, 88 nays; but, a reconside- 
ration being moved, the previous 
question was called for, and the 
bill passed 91 ayes, 83 nays. 



ANNUAL REGISTER, 18*7-8-9. 



In the senate Mr. Chandler op- 
posed the reduction of duty, on the 
ground that it was levied on what 
he deemed an article of luxury, 
chiefly used by the rich ; and called 
for the yeas and nays on the bill. 

It was then passed ayes 25, 
nays 10. 

A bill introduced in the senate 
with the view of reducing the duty 
on salt, was less fortunate. This 
subject had been brought before 
to the consideration of congress ; 
and the attempt to reduce the duty 
had been resisted, because it was 
asserted that the revenue derived 
from the duty could not be spared ; 
and, secondly, because the duty 
was required for the protection of 
the domestic manufacture of the 
same article. 

It was contended by the advo- 
cates of the reduced duty, that both 
these effects could not follow. If 
the increased quantity of imported 
salt injured the domestic manufac- 
turers, the diminution in the rate 
of duty would be compensated by 
the duty being levied on a greater 
amount of salt imported. A long 
discussion ensued, on the propriety 
of reducing the duty ; but the bill 
was finally laid on the table ; and 
the senate, by a vote of '25 to 21, 
refused to resume the considera- 
tion of it. 

A bill was also introduced in the 
house, extending the time within 
which merchandise may be ex- 



ported with the benefit of drau - 
back ; but the pressure of other 
business prevented its considera- 
tion until the second session. 

In the senate, at an early part of 
the session, a very important ques- 
tion arose, when the bill regulating 
the process in the federal courts 
came under consideration, which 
induces us to give a short account 
of the establishment of the judi- 
cial system of the United States. 

In order to avoid one of the dif- 
ficulties which existed under the 
old confederation, and which, in 
fact, was the main cause of its in- 
efficiency, the federal constitution 
was framed so as to make it ope- 
rate directly upon the people, in- 
stead of being carried into effect 
by means of the state laws. The 
federal constitution, and the laws 
made in conformity to it, were in- 
tended to be paramount to state 
legislation, and are so declared to 
be by the constitution ; and inas- 
much as it was foreseen, that these 
laws, made to subserve the ge- 
neral interest, must occasionally 
clash with local interests, provision 
was made to execute them, without 
the aid of the state authorities, 
through federal tribunals. In car- 
rying into effect this provision of 
the constitution, congress laboured 
under peculiar difficulties. A ju- 
dicial system was to be prepared 
for a people, divided into distinct 
communities, possessing distinct 



PROCESS IN U. S. COURTS. 



judicial systems, and accustomed 
to laws, which, though derived 
from a common origin, had been 
variously modified. 

The perplexity, arising from this 
state of things, was increased by 
the circumstance, that while, in 
many of the states, a temporary 
pressure had produced deviations 
from that course of administering 
justice between debtor and credi- 
tor, which was in conformity with 
the spirit of the constitution, and 
the true interests of the states 
themselves; the federal govern- 
ment was bound by its treaty with 
Great Britain, to see that no lawful 
impediment should be interposed, 
to the recovery of the debts owing 
by American citizens to British 
subjects. It found itself, therefore, 
acting as an arbitrator between 
conflicting parties. On one side, 
the foreign creditor, backed by his 
government, urged the payment of 
his demands. On the other, some 
of the state governments were in- 
clined to interpose obstacles to the 
recovery of those demands, until 
the country recovered from the 
pressure of the war ; and more es- 
pecially, until Great Britain exe- 
cuted the stipulations of the treaty 
on her part. Many of the state laws 
regulating the execution of final 
process on judgments, were passed 
undr the influence of this feeling. 

The federal government, then a 
new^and untried experiment, could 
not r entirely disregard these cir- 

VOL. III. 1 



cumstances ; nor could it consider 
them as permanent. It, therefore, 
created federal courts ; conferred 
on them the ordinary powers of 
courts, as well as jurisdiction over 
the subjects falling within their 
cognizance. And, in the act pass- 
ed September 29th, 1789, regula. 
ting processes in the courts of the 
United States, it was provided, 
" that until farther provision shall 
be made, and except where, by 
this, and other statutes of the Uni- 
ted States, it is otherwise provided, 
the forms of writs and executions, 
except their style and modes of 
process in the circuit and district 
courts, at common law, shall be 
the same in each state respectively, 
as are now used in the supreme 
courts of the same." 

These writs, however, riot ena- 
bling the federal courts to carry 
into entire effect thfe provisions of 
the constitution, an act of congress: 
was passed May 8th, 1792, autho- 
rizing them to make " such alte- 
rations and additions" to these 
writs, executions, and processes, 
" as they shall, from time to time, 
deem expedient." This authority 
was conferred on the courts, not 
only to enable them, to supply any 
deficiency in the executions then 
authorized by state laws ; but to 
empower them to modify the exe- 
cutions from time to time, so as to 
make them conform to the altera- 
tions subsequently made by state 
legislation, in case the judges) 



AiNNUAL REGISTER, 



should approve of those alterations. 
Congress also intended, to bring 
back the course of justice as admi- 
nistered in the federal courts, to 
that wise and ancient usage, from 
which only a supposed necessity 
had induced a departure. It con- 
ceived, that this object could be 
best attained by conferring upon 
the courts of the union, the power 
of altering " the modes of pro- 
ceeding in suits," and the form and 
effect of executions. 

In this manner the system went 
into operation ; the federal courts 
Conforming in their executions and 
processes, to those of the respec- 
tive states in which they were esta- 
blished ; and modifying them only 
so far as to attain the objects, for 
which they were created. The 
sound state of feeling which pre- 
vailed throughout the union, after 
the country had recovered from the 
distress caused by the revolution- 
ary war, had prevented any colli- 
sion with the federal judiciary, 
from an interference on the part 
of a state with its process. The 
executions of the federal courts 
conformed to those, generally in 
use in the state courts in 1789, 
with some modifications, which 
fully subserved the purposes of 
justice. 

The legal expedients devised in 
Kentucky, after the late war, to 
evade the payment of debts, (of 
which a particular account will be 
found in vol. 1. page 351,) gave 



rise to a question, as to the power 
of the state legislatures, to pas* 
laws controlling the process of the 
federal courts. Among the pro- 
visions of the laws of that state, 
was one, which required the plain- 
tiff to endorse on the execution 
upon his judgment, his consent to 
accept, in payment of the same, 
the notes of certain state banks; 
or, in default of his doing that, 
permitting the defendant to replevy 
the debt for two years. Another 
provision prohibited the sale of 
lands, without the consent of the 
owner, unless' they brought withia 
three fourths of their appraised 
value, The marshal having made 
returns, upon executions issuing 
out of the federal courts in confor- 
mity with the state laws ; the ques- 
tions as to their validity and bind- 
ing force upon the federal officers, 
were certified, upon a division of 
the judges at the circuit, to the Su- 
preme Court of the United States 
for decision. 

This tribunal decided, that these 
laws were not binding upon the 
United States courts, whose pro- 
cess, and the modes of executing 
the same, had been already regu- 
lated by the acts of congress, above- 
mentioned, and by the practice of 
the courts established in conformi- 
ty thereto. It was manifest, that a 
power in the state legislatures to 
control the process of the federal 
courts, was inconsistent with the 
advancement of justice, and might 



PROCESS IX U. S. COURTS. 



tielcat the very end of their estab- 
lishment. 

The same state of feeling which 
had caused the passage of these 
laws, still existing, much dissatisfac- 
tion was produced, by the decisions 
denying their binding force upon 
the federal courts. Besides, some 
of the western, and south-western 
states, were created since the pas- 
sage of the acts of congress, regu- 
lating executions. The federal 
courts, of course, could not be gui- 
ded by the direction to conform in 
(heir processes, to those then used 
in the state courts, as those state 
courts were not then in existence ; 
and objections were made to the 
power of the courts to institute new 
writs. It was said to be an exer- 
cise of legislative power. 

With the view of providing a 
remedy, a bill was brought in the 
senate, at the commencement of the 
20th congress, regulating the pro- 
cess of federal courts in those 
states admitted into the union since 
the year 1789. This bill proposed 
to establish the modes of proceed- 
ing, in those states, at common law, 
the same as in the supreme courts 
of the same state ; in proceedings 
of equity, according to the princi- 
ples, rules, and usages, of the 
courts of equity of the said states ; 
and in those of admiralty and mari- 
time jurisdiction, according to the 
rules and usages of courts of 
admiralty, as contra-distinguished 
from courts of common law, ex- 



cept so far as may have been 
otherwise provided for by acts of 
congress, and subject to such alte- 
rations and additions, as the courts 
of the United States may think ex- 
pedient, or to such regulations as 
the supreme court of the United 
States shall, from time to time, pre- 
scribe. 

January 18th. The bill was 
taken up, and Mr. White offered 
an amendment, to include, also, 
states that may be hereafter admit- 
ted into the union. 

Mr. White spoke at some length 
upon this bill, and advocated its 
provisions, as best able to establish 
satisfactory rules in the various 
states. He considered that an uni. 
form system of execution laws ought 
never to exist in the different states ; 
because what was convenient and 
expedient in one state, would not 
be so in another. It was obliga- 
tory upon such of the states, to se- 
lect such rules as should best apply 
to the situation and interests of its 
citizens. Therefore, he consider- 
ed that the best plan would be, to 
adopt the rules of the several states 
in the federal courts in each, in 
controversies in which individuals 
of different states were concerned. 
Mr. Van Buren said, that it was 
proposed by this bill, to place the 
states, admitted into the union since 
the year 1789, upon a better 
footing than the others. In his 
opinion, this could not be done in 
justice. It was impossible to give 



\.NSI VI. I {KRISTER, 1827-S-9. 



up all the power of the federal 
courts, without involving the coun- 
try in confusion. That power ought 
to be limited to the utmost ; but it 
ought to extst. This act, if passed, 
would enjoin upon the United States 
to conform to the laws of the states, 
not only as they were, but as they 
might prove to be. The object of 
the law of 1789, was to preserve 
the rights of persons coming into 
court : so far that act went. But 
it could not be expedient to declare, 
that the laws which each state might 
pass from time to time, should go- 
vern the federal courts. If con- 
gress gave up the law of the United 
States, to the different states, they 
ought to know what system they 
agree to, and not, by doing so, sub- 
ject the jurisprudence of the coun- 
try to everlasting change and un- 
certainty. He would suppose a 
case. A suit might be pending be. 
tween an individual and the United 
States, and, during the pendency of 
the cause, the state legislature 
might pass an act, interfering with 
its decision, and calculated to stop 
proceedings until the next session 
of congress. Such interferences 
would overturn the rights of the 
federal courts. He was the last 
person who would give to the fede- 
ral judiciary, rights to which it was 
not entitled. He was, on the con- 
trary, as much convinced as any 
man, that more danger to the pow- 
ers of the states, had been exhibited 
in the " signs of the times," during 



the last six years, than ever before, 
But he would sustain nothing, that 
would go to overturn the legal and 
legitimate power of the govern- 
ment, which ought to be guarded 
and preserved, 

January 21. Mr. Van Buren 
observed, that he had misunder- 
stood the scope of the amendment 
proposed, and learning that it did 
not contemplate to deprive the su- 
preme court of its supervising pow- 
er, he should not oppose the amend- 
ment on the bill. 

Mr. Berrien said, that the bill 
seemed to draw a broad line of dis- 
tinction between the old states, and 
those admitted into the union since 
1789. The result would be, that 
the new states would have the pow- 
er to regulate process by legisla- 
tion, from time to time, subject to 
the supervision of the supreme 
court of the United States, while 
the old states would enjoy no such 
privilege. Why not, if this is a 
salutary provision, equalize in this 
respect, the condition of the differ- 
ent portions of the country ? He 
wished an opportunity might be gi- 
ven to examine the subject. And to 
this end, he would move to post- 
pone it to some certain day, pr, to 
lay it on the table. 

Mr. Johnson, of Kentucky, said, 
that he would vote for the bill, if it 
provided a remedy for the usurpa- 
tions of the federal courts in Ken- 
tucky, in fixing upon that state ex- 
ecutions, under the title of rules of 



PROCESS IN U. S. COURTS. 



courts. Otherwise, he would not. 
He thought, the process should 
be regulated by state legislation. 

Mr. Kane objected to the post- 
ponement. It was true, if the 
amendment of the gentleman from 
Tennessee prevailed, it would es- 
tablish different regulations in the 
old, and the new states. But this 
did not present an objection to the 
bill of a serious nature ; for, that 
distinction might easily be remo- 
ved, by a modification of the motion, 
so as to make the operation of the 
principle general, throughout the 
union. He did not believe that 
the framers of the law of 1789, had 
taken up the laws of the different 
states, then forming the union, and 
entered into an examination of 
them, to aid in framing that act. 
Was it not more rational to con- 
clude, that the national legislature 
of that day, had more confidence 
in the integrity of the states, than 
was felt by congress at the present 
time ? And if they did feel that 
confidence in the states, why should 
not the laws of the states, so far as 
it would be expedient, be now 
adopted? The present law, he 
thought, went far enough : it gave 
the circuit courts power to alter 
and amend the laws of process, 
passed by the state legislatures ; 
and to the supreme court of the 
United States, power to supervise 
and overrule them. It appeared 
to him sound policy, that the fede- 
ral courts, as far as? they should 



agree with their rules, should be 
governed by the laws of the states. 
Wherever those laws were in 
hostility to their rules, it was in the 
power of the courts to amend and 
correct them. If the amendment 
of the gentleman from Tennessee 
prevailed, he would engage to in- 
troduce an amendment to make 
the application of the principle 
general to all the states. It was 
necessary that in some shape or 
other, this bill should pass, more 
especially for the new states, which 
were by the operation of adverse 
circumstances, deprived altogether 
of circuit courts. 

Mr. Van Buren said, that this 
bill ought now to be decided upon. 
It was a measure which had long 
occupied congress, this being the 
second or third session in which it 
had been discussed. The bill pass 
ed the Senate in its present form, 
two years since. The course now 
proposed, was a middle one, and 
he saw no objection to it. It did 
not. go the length desired by the 
gentlemen from Kentucky (Mr. 
Johnson.) It did, certainly, as 
was stated by the gentleman from 
Georgia, (Mr. Berrien,) establish 
two different rules. This objec-> 
tion, however, would be removed, 
if an amendment could be intro- 
duced to make its operation equal 
in all the states. As to the state 
which he in part represented, he 
thought it would be acceptable, 
and considered as in no wav in- 



ANNUAL REGISTER, 1827-8-9. 



terfering with the established Ju- 
diciary. 

Mr. White observed, that the 
only reason why the amendment 
offered by him, did not extend over 
the whole ground, was, that he did 
not consider himself authorized to 
make any proposition for altering 
the condition of those states, in 
which the system of jurisprudence 
had long been established. For 
that reason, he proposed only to in- 
clude the nine states admitted into 
the union since 1789. These were 
his motives. If the amendment 
should be adopted, he would wil- 
lingly vote for a modification ex- 
tending a similar provision to all 
the states. He would, however, 
acquiesce in the motion to lay the 
bill on the table, which was done. 

Feb. 13th. The bill was again 
taken up, and Mr. Rowan moved 
to strike out that portion of the bill, 
conferring upon the courts the 
power of modifying their process ; 
and to insert in lieu thereof, a se- 
cond section in the following 
words : " That so much of any 
act of congress as authorizes the 
courts of the United States, or the 
supreme court thereof, at their dis- 
cretion, to add or modify any of 
the rules, forms, modes and usages, 
aforesaid, of the forms of writs of 
execution, and other process, ex- 
cept their style, shall be, and the 
same is hereby, repealed." 

On this amendment, which 
brought under consideration, the 



efficient existence of the federal 
judiciary, and its independence of 
state legislation, a long debate arose, 
that resulted in striking out the 
original bill 22 affirmative, 21 
negative. 

The first section of Mr. Rowan's 
amendment, was then adopted 28 
affirmative, 16 negative ; and the 
second section rejected 18 affir- 
mative, 26 negative. The bill was 
then ordered to be engrossed. 

On the 18th of February, the 
bill was again taken up, and Mr. 
Parris moved a reconsideration of 
the vote, adopting the amendment ; 
but after some discussion, withdrew 
his motion ; when Mr. Smith, of 
Maryland, moved to re-consider the 
vote. This motion was warmly 
opposed by Messrs. Rowan, and 
Tazewell. 

Mr. Webster, who had not before 
been present during this debate, 
observed, that some extraordinary 
propositions had been laid down in 
the argument; butonacount of the 
lateness of the hour, he was in- 
duced to move an adjournment, 
which was carried. 

February 19th. Mr. Webster 
addressed the senate at length, in 
favour of the motion to recommit. 
He entered into a view of the osten- 
sible objects, and ultimate effects 
of the bill, and showed that the 
former were not adhered to, while 
the latter would be productive of 
great inconvenience. The grounds 
of his opposition to the bill, were. 



PROCESS IN U. S. COURTS. 



95 



that in many cases, it stops execu- 
tion and other process of the com- 
mon law, by making the process of 
the United States' courts, conform 
to that of the state courts ; that it 
deprives the United States courts of 
the power to make rules, and gives 
to the state courts, the power to 
make rules for them ; that it oppo- 
ses obstacles to the recovery of 
debts by the United States ; and 
that, in regard to equity, it abolish- 
es chancery jurisdiction in many of 
the states, and confuses it in others. 
He denied, that the bill was neces- 
sary for the attainment of the pur- 
poses, for which it was framed. 
The final process, as affecting land 
and slaves, might be regulated by 
law ; and, whenever gentlemen 
would bring forward their system, 
he would cheerfully unite with them 
in maturing it. He was willing 
that the benefits asked for by the 
new states, should be accorded to 
them ; but felt it to be his duty to 
oppose a bill, pregnant with so much 
evil to the older members of the 
union. 

Mr. Van Buren, also supported 
the motion to recommit. He con- 
sidered the bill as liable to all the 
objections urged against it, and 
even more. The sense of the senate 
had once been decidedly expressed, 
against repealing the supervising 
power of the United States courts. 
The object of the recommitment, 
was to make the bill, what it was in- 
tended by the Senate to be, and 
what it was supposed to be, when it 



passed to a third reading. It was 
obvious, that the bill, in its present 
form, was allowed to progress, 
merely through an oversight of the 
senate. 

February 2lst. Mr. Rowan, mo- 
ved to resume the discussion, and 
made an elaborate reply to Mr. 
Webster ; and was followed by Mr. 
Tazewell, on the same side. Mr. 
Webster briefly replied, and the 
motion to reconsider, was then 
agreed to. 

On the 28th of February, the sub- 
ject was again resumed, and Mr. 
Webster said, that the bill, in its 
present shape, would operate upon 
all the states ; and he should move to 
recommit it to the committee on the 
judiciary. He thought its provi- 
sions ought to be so framed, as to 
suit the purposes of all ; and as the 
decision upon such questions be- 
longed peculiarly to that committee, 
this bill ought to be once more re- 
ferred to it. The bill had gone 
through various forms, and, in that 
in which it now appeared, he could 
not vote for it ; however anxious he 
might be for the adoption of some 
measure, which would give to the 
new states, the relief promised by 
this bill. But he could not support 
it, while it proposed an innovation 
upon the judicature of the old states, 
with which, in reality, it ought to 
have nothing to do. He hoped, 
therefore, that this matter, made 
complex by the various motions in 
relation to it, would be again sub- 
mitted to the investigation of the 



96 



ANNUAL REGISTER, 1827-6-9. 



judiciary committee, where it could 
receive a form, that would render it 
more acceptable to the senate. 

Mr. Johnson of Louisiana, said, 
if you leave the old states as they 
are, they will be satisfied ; but if 
you undertake to regulate their ju- 
risprudence, they will vote against 
the bill. He was in favour of a re. 
commitment. 

Mr. Rowan was opposed to the 
motion to recommit. 

Mr. Berrien and Mr. Kane said 
a few words in favour of a recom- 
mitment. 

The motion to recommit was 
carried, 23 to 16. 

March 17 th. The Judiciary com- 
mittee, reported the bill, with an 
amendment, which was brought up 
for consideration, April 3d. 

This amendment proposed to sub- 
stitute for the bill, the following pro- 
visions : 

1st. That the formsof mesue pro- 
cess, except the style, and forms, 
and modes of proceeding, in the 
federal courts, held in the states ad- 
mitted into the union since 1789, at 
common law, shall be the same in 
each state, respectively, as those 
now used in the highest court of 
original and general jurisdiction 
of the same ; in proceedings at 
equity, according to the principles, 
rules, and usages of courts of equi- 
ty ; and ia admiralty, according, to 
the principles, rules, and usages of 
courts of admiralty, except when 
otherwise provided for, by acts of 
congress ; subject, however, to such 



alterations and additions as the said 
federal courts shall deem expedi. 
ent ; or to such regulations as the 
supreme court of the United States 
shall, from time to time, prescribe, 
concerning the same. 

2d. That in those states where 
judgments in the United States 
courts are a lien on real estate, and 
where the defendants in the state 
courts are, by law, entitled to an 
imparlance of one or more terms,, 
defendants, in actions in the Uni- 
ted States courts, shall be entitled 
to an imparlance of one term. 

3d. That writs of execution, and 
other final process, issued on judg^ 
ments or decrees in any of the 
United States courts, and the pro- 
ceedings thereupon, shall be the 
same, except their style, in each 
state respectively, as are now 
used in the courts of such state ; 
saving to the United States courts, 
in those states where there are no 
courts of equity, with the ordinary 
equity jurisdiction, the power of 
prescribing the mode of executing 
their decrees in equity by rules of 
court. 

Mr. Berrien moved to add to the 
third section a proviso, giving to 
the federal courts the power of 
altering their final process by rules 
of court, so as to make them con- 
form to any change made by the 
legislatures of the respective states 
for the state courts. This proviso 
was adopted 24 affirmative, 17 
negative. 

Mr. White then moved to amend 



PROCESS li\ k. a. COURTS. 



si: 



the bill, by striking out the word 
" l now" from the third section. The 
object of this motion was, to in- 
clude the laws, which might here- 
after be passed by the legislatures 
of the several states in relation to 
final process, so that the rules rela- 
tive to execution, which the states 
might hereafter adopt for their 
local courts, should be adopted in 
the United States courts. 

Mr. Johnston, of Louisiana, said 
he rose to state the question now 
submitted to the senate. 

The judiciary committee report- 
ed a bill for the process of the 
United States courts, adopting the 
laws and regulations of the several 
states. The gentleman from Ken- 
tucky moved to strike out the bill, 
and to substitute an amendment ; 
the effect of which was, to adopt 
the laws and regulations of the se- 
veral states, as they shall be from 
time to time made. A section was 
introduced, to take away from the 
courts of the United States the 
power to make rules and regula- 
tions. It was deliberately decided 
by the senate, that this section 
should be stricken out ; and they 
substituted a section, giving ex- 
pressly the power to the courls to 
make rules and regulations, but 
limiting the power to mere matters 
of form. The amendment, thus 
amended, passed. Upon the third 
reading, it was suggested by the 
gentleman from Massachusetts, that 
ihis bill unsettles the process law, 

VOL. III. 



as it now stands in the states ad- 
mitted into the union before 1789 ; 
and adopts for the new states, not 
the law as it now stands, but such 
as it may be, by the future legisla- 
tion of those states. 

Upon full debate, it seemed to 
be the opinion of the senate, that 
no law changing the mode of pro- 
ceeding was necessary for the old 
states, and that it was sufficient to 
provide for the new states ; and it 
seemed also the opinion of the se- 
nate, that we ought to adopt the 
laws of the states as now in force, 
and not the changing legislation, 
that may be hereafter enacted by 
the states. 

The bill was recommitted to the 
judiciary committee, to prepare a 
bill which they have now reported, 
striking out the amendment of 
the gentleman from Kentucky, and 
substituting one which provides 
for the process of the new states, 
leaving the old states as they now 
are with regard to mesne process, 
and adopting the final process of 
the states in all the states. 

Now, those who are opposed to 
legislating for the mesne process 
of old states, and those who are 
opposed to adopting the future 
laws of the states, will vote to 
retain. 

He was in favour of leaving the 
old states as they now are, and 
adopting the laws of the new states 
as they are now known to be. 

Messrs. Rowan. White, Web. 
13 



ANNUAL REGISTER, 



ster, and Bcrrien, made some ad- 
ditional remarks, when the ques- 
lion was taken on the motion to 
strike out, which was negatived 
ayes 15, nays 27. 

Mr. Rowan then moved to limit 
the power of the federal courts to 
make alterations and additions to 
tnesne process, to matters of form 
>nly, which motion was rejected 
ayes 16, nays 26. 

The question then recurred, on 
ordering the bill to a third reading. 

Mr.Tazewell said, that the bill re- 
quired an amendment in one small 
particular. The provisions of the 
3ill were applied to the states ad- 
nitted into the union since a par- 
icular day in the year 1789. Now. 
Rhode Island and North Carolina 
;ame into the union in the year 
1790 ; the former in the month of 
Fune, and the latter in the month 
>f July, of that year. Thus, those 
wo States are brought within the 
revisions of a law, not made nor 
ntended to be applied to them. 

Mr. Kane said, that when the 
ubject was well understood, there 
veuld be no difficulty about it. In 
eference to Rhode Island and 
forth Carolina, the bill would have 
10 other operation than to put them 
m the same footing with the older 
States ; that is, upon the same foot- 
ng on which they have ever stood, 
ince they entered into the confede- 
acy. No new rule is substituted 
or any rule formerly existing in 
Ihode Island and North Carolina. 



The bill gives to those states the 
same rules, in the same words, 
which they have always had. He 
hoped the bill would not be further 
delayed. Its passage, this session, 
was essential to the convenience 
of the new States. 

Mr. Berricn made some remarks, 
showing that the States of North 
Carolina and Rhode Island would not 
be injuriously affected by this bill. 

Mr. Tazewell said he had no wish 
to procrastinate the bill. He had 
adverted to the facts that eleven 
states commenced the govern- 
ment. Rhode Island and North 
Carolina were then foreign States, 
as appears by the early acts of 
congress. The chocolate of North 
Carolina was, by a law then passed, 
considered as coming from a fo- 
reign state. Subsequently, these 
states came into the union. A 
law was passed for extending the 
judicial act to them. They then 
stood on the same footing with 
other states. But now we pass a 
lawj intended to apply to eleven 
other states, which came into the 
union since ; and we apply it to all 
states admitted since a particular 
day. In this way we extended a 
law to Rhode Island and North 
Carolina, which was not intended 
for them. Perhaps it would neither 
do them any good nor any harm. 
But the accuracy of phrase due to 
the law was, as he thought, departed 
from in this instance. He should 
make no motion. 



VROi 



J. iS. COURTS. 



99 



The question on ordering ihe 
Bill to a third reading was then 
taken, and decided in the affirma- 
tive. 

The bill passed the senate, with- 
out further opposition, and was sent 
to the house for concurrence. 

May 12th, the bill was taken 
up in that body, and Mr. P. P. 
Barbour stated the objects of the 
bill. 

Mr. Bates, of Missouri, oppo- 
sed the bill, on account of the de- 
lay that would be occasioned by 
the right of imparlance ; and more 
especially of the section relative to 
final process. He referred to the 
unhappy state of things occasioned 
in several of the new states, by 
the adoption of what has been de- 
nominated the relief system ; in- 
veighed against the practical injus- 
tice produced by a false sympathy 
for debtors, who suffered nothing 
but the consequence of their own 
free acts ; dwelt upon the necessi- 
ty and value of sure and speedy 
justice; and deprecated any con- 
formity, on the part of the United 
States, to the example set on this 
subject by the state laws. 

Mr. Livingston said, that this 
bill would destroy the harmony at 
present existing in Louisiana, be- 
tween the process laws of that 
state and those of the United States. 
The second section could not be 
applied to the judicial concerns in 
that state, without throwing them 
into complete confusion. He there- 



fore should propose another sec- 
tion, exempting the state of Louisi- 
ana from the operation of the law. 

This amendment was agreed 
to. Another amendment was also 
adopted, declaring the appearance 
term to be a term, within the mean- 
ing of the second section. This 
amendment was not agreed to in 
the senate, and the house receded 
from it. 

The other amendment was ac- 
cepted by the senate, and the bill 
became a law, without further op- 
position. 

The Vice-President (as already 
mentioned in vol. I. page 87) hav- 
ing construed his powers, as pre- 
siding officer of the senate, as not 
permitting him to preserve order 
in that body, it became necessary 
to pass some resolution, declaring 
it to be within the scope of his au- 
thority. An amendment was ac- 
cordingly offered, at this session, 
declaring that when a senator was 
called to order, " by the president 
or a senator, he shall sit down ; and 
every question of order shall be 
decided by the president, without 
debate, subject to appeal to the 
senate." 

This simple proposition excited 
a long and eloquent debate in the 
senate, in which the opposition 
generally sustained the view taken 
by the Vice-President, of his pow- 
ers. They thought the authority 
proposed by the amendment, in the 



100 



\NM VI. RKUISTER. 



presiding officer, as of the most 
aristocratic character, and threat- 
ening the most alarming conse- 
quences. The constitution was in- 
voked, and the idea of placing in 
the hands of an individual, the 
power of controlling and checking 
the freedom of debate in forty- 
eight senators, was stigmatized as 
monstrous. Notwithstanding these 
oratorical appeals, on the part of 
some of the members, the good 
sense of the senate prevailed, and 
the power was declared to be in 
the Vice.President, bv a vote of 



31 ayes, 15 nays: and the amend- 
ment then passed. 

The other business of the ses- 
sion did not possess much perma- 
nent interest. The tariff and the 
presidential election seemed to 
have absorbed the faculties, and 
engrossed all the attention of the 
members ; and, after a long and 
rather angry session, congress ad- 
journed, on the 26th of May, with- 
out much regret on the part of the 
community, at the termination of 
its protracted debates. 



CHAPTER V. 



Opening of second session of CongressMessage of PresidentBill re- 
lative to drawback Drawback on Sugar Tonnage duty Instructions 
to Panama Mission Termination of Congress. 



THE second session of the twen- 
tieth congress, commenced on the 
first of December, 1828, by the or- 
ganization of both houses, in the 
usual manner. 

In the senate, 32 members at- 
tended ; Mr. Prince appeared in 
the place of Mr. Cobb, resigned. 

In the house, 167 members an- 
swered to their names, and four new 
members, viz : Messrs. Tabor, of 
N^ew-York, Chambers, of Kentucky, 
and Sinneckson and Randolph, of 
New-Jersey, appeared in the place 
of Messrs. Oakley and Metcalf, re- 
signed, and Messrs. Holcombe, and 
Thompson, deceased. 

The next day, the president of 
ihe United States, transmitted his 
annual message to congress, which 
n*ill be found among the public do- 
cuments in the second part of this 
volume. 

The state of the foreign relations 
of the United States, had not mate- 
rially varied, during the last year. 
The claims on France were still 
unadjusted ; but the recent advices 
from the American embapsador, en- 



couraged the expectation that the 
appeal to the justice of that govern- 
ment, would be properly answered. 

The king of the Netherlands, had 
4>een chosen as the arbitrator, to 
determine the dispute respecting 
the north eastern boundary. 

The state of the commercial re- 
lations between the United States 
and Great Britain, was then advert- 
ed to ; and some of the acts passed 
by the British government, as re- 
taliating measures on account of 
the tariff, were spoken of, as viola- 
ting the commercial convention be- 
tween the two powers. 

A view was then given of the 
commercial system adopted by the 
United States ; and an adherence to 
the principles of liberality and re- 
ciprocity which characterize it, 
strongly inculcated. Those princi- 
ples had been partially adopted in 
the treaties formed by the United 
States, with Great Britain, France, 
Sweden, Denmark, Prussia, the 
Hanseatic League, Colombia, and 
Central America ; and an expecta- 
tion was entertained, that the mu- 



10-4, 



ANNUAL REGISTER, 1627-b-y. 



tual abolition of discriminating du- 
ties, a maxim which prevails in all 
these treaties, would finally be 
adopted by other nations. A por- 
tion of the claims on Denmark, had 
been adjusted, and an assurance 
given, as to the equitable considera- 
tion of the remainder. 

The receipts during the year 
1828, amounted to $24,094,864 ; 
nearly two millions more than the 
estimates in the last message. 

The expenditures amounted to 
$25,637,512. 

The revenue of the year 1829, 
was estimated to be at least equal 
to that of the year 1828 ; and the 
public debt, which, at the com- 
mencement of the latter year, 
amounted to $67,413,378 

On the first of January, 1829, 
amounted to $58,362,136 

The expenditures of the post-of- 
fice department, during the year 
1828, exceeded the revenue about 
$25,000, which was caused by a 
great increase of mail routes. 

The increase in that department 
since 1792, had been from 5,642 
miles of post roads, and $67,000 
revenue, to 114,536 miles of post 
roads, and $1,598,000 revenue, in 
1828. 

The operation of the tariff, was 
then adverted to ; and while its ef- 
fects upon the different local inte- 
rests of the United States, were re- 
commended to the deliberate con- 
sideration of congress ; a strong 
hope was expressed, that the exer- 



cise ofa constitutional power, intend" 
ed to protect the great interests of 
the country from the hostile legisla- 
tion of foreign countries, would ne- 
ver be abandoned. 

The condition of the Indian po- 
pulation within the United States, 
was mentioned as requiring the par- 
ticular attention of the legislature. 

The systematic policy of the go- 
vernment, in fortifying the sea coast ; 
in improving the internal commu- 
nications of the country ; in increas- 
ing the navy ; and in improving the 
character of the army, by educa- 
ting officers at the public expense, 
was approved of as beneficial in its 
operation upon the interests of the 
union. Congress was also remind- 
ed of the necessity of making pro- 
vision for taking the fourth census 
of the inhabitants of the United 
States ; and of the propriety of pro- 
viding for an enumeration of its 
inhabitants, classed according to 
their ages, in intervals of ten years 
each class. 

The president concluded, by as- 
suring congress of his continued 
earnest wish for the adoption of the 
measures formerly recommended 
by him ; and of his cordial concur- 
rence in every constitutional pro- 
vision, which may be presented to 
him, tending to the general welfare. 

Congress appeared inclined, this 
session, to provide only for the ne- 
cessities of the government. The 
term of the existing administration 
was too short to allow it to do more 



BILL RELATIVE TO DRAWBACK. 



tftau to bring its affairs to a close ; 
and the views and policy of the suc- 
ceeding administration, were not 
yet developed. 

Certain measures, however, af- 
fecting the navigating interest, were 
urged upon the consideration of 
congress ; and the policy of some of 
these, was too obvious- to be over- 
looked by that body, which certain, 
ly had not, of late, manifested a 
very ardent affection for that branch 
of national industry, or even beco- 
ming regard for so efficient an arm 
of national defence. 

The first of these propositions, 
M'as a bill extending the term within 
which goods may be exported, with 
the benefit of drawback, without 
any deduction. 

When this bill was read a third 
time, December llth, Mr. Wick- 
liffe objected to its passage. 

To the extension of time he saw 
no valid objection, but the repay, 
ing the whole duty was an innova- 
tion upon the established revenue 
system. 

Two and a half per cent, had 
been usually retained on the 
amount of debentures, and this 
deduction had yielded annually 
about $150,000. The law pro- 
poses to repeal this part of the re- 
venue system, and to allow, in 
effect, all goods imported into the 
United States in quest of a market, 
to be exported without the govern, 
ment deriving any revenue there- 
from. He thought the beneficial 



effects of this law would be felt 
chiefly by the foreign merchant 
and manufacturer, and he should 
oppose it. 

Mr. Cambreleng replied, that 
the two and a half per cent, deduc- 
tion was not levied for the purposes 
of revenue. It had never been 
contemplated to derive a revenue 
from the transit trade; but this de- 
duction was made with the view of 
indemnifying the government, for 
the incidental expenses of ware- 
housing merchandise intended for 
exportation. The deduction ori- 
ginally was one per cent, on the 
small rate of duties then imposed. 
It was afterwards increased to co- 
ver the expense of the stamp, when 
the stamp act was passed. The 
duties have been since increased, 
until the deduction is sixteen times 
the amount originally contem- 
plated, while the expenses have 
actually lessened. There was no 
reason for retaining this provision 
in our revenue system. All the 
expenses, and custom-house fees, 
must be paid, independent of this 
deduction, before the goods can be 
taken out of the possession of the 
officers of the customs. 

No other commercial nation had 
made such a deduction, except in 
lieu of all incidental expenses. 
The sole object of the bill was to 
place our trade on the same liberal 
footing, that the trade of other na- 
tions enjoyed. The continuance 
of this deduction would operate as 



104 



ANNUAL REGISTER, 1827-8-9, 



a discriminating duty in favour of 
the navigation of England and 
France. It was utterly inconsis- 
tent, with every principle of sound 
policy. 

Mr. Barney said, that Great Bri- 
tain, with the view of availing her- 
self of the new markets of South 
America, had established free ports 
on our frontier ; and if we would 
meet her on equal terms, we must 
repeal this duty on the transit trade. 
The South American trade is im- 
portant. It already constitutes 
one third of our exports, and we 
ought to encourage it by every 
means in our power. 

The bill finally passed 153 
ayes, 28 nays. 

In the senate, the principle of 
the bill was modified, by striking 
out a section, which gave to the se- 
cretary of the treasury power to 
extend the term, within which 
goods might be exported, and in- 
serting a provision extending the 
term to three years. The bill was 
then passed, and sent to the house, 
where the amendments were con- 
curred in, and it became a law. 

Another bill, allowing an addi- 
tional drawback on the exportation 
of refined sugar, was taken up in 
the house December 15th, 1828, 
and the discussion was continued 
till the 17th. This bill, which pro- 
posed to allow 5 cents drawback, 
instead of 4 cents per lb.. was op- 



posed by Messrs. Gurley and Brent- 
from Louisiana, on the ground that 
it gave a preference to the foreign, 
over the domestic sugar, and tend- 
ed to postpone the time, when the 
whole consumption would be sup- 
plied by the sugar of domestic 
growth. It encouraged the intro- 
duction of a foreign article into 
the United States, when the country 
was able to supply itself. If the ma- 
nufacturer refined for exportation, 
he ought to use the domestic sugar. 

Messrs. Gilmer and Stevenson 
of Pa. said, that the sugar refining 
manufactories were increasing, 
and in a flourishing condition, and 
did not require any additional en- 
couragement, and that if the bounty 
was allowed no one would use do- 
mestic sugar for refining. 

Mr. Sergeant said, that it ap- 
peared, from a comparison of the 
amount paid on the exportation of 
this article, at different periods, 
that the business was declining. 
Between 1795 and 1803, while the 
drawback was equal to the duty, 
the average amount paid was 
$9473 per annum, but that, upon 
an average, for the three last years, 
it amounted only to $1733. 

Mr. Sutherland said, that the 
Louisiana sugar was not fit for re- 
fining, and that all the sugar houses 
refined from foreign sugar. 

He did not think that the domes- 
tic sugar could be injured by the 
competition, as at present it was 



BILL RELATIVE TO DRAWBACK. 



105 



not sufficient, to supply the demand 
for table use. 

Mr. S. Wood contended, that 
the bill created a new article of 
commerce ; and that it was only 
doing what Great Britain did, in re- 
lation to her sugar refineries. 

Mr. Cambreleng advocated its 
passage, as essential to place our 
sugar refiners on an equal footing 
with those of Europe. The raw 
material they used, was altogether 
of foreign production; and the prin- 
ciple had been acted on hitherto, 
of allowing a debenture double to 
the duty on the sugar, which was 
the rate now asked in this bill. The 
bill only aimed, to remove one of 
the restrictions on the trade of the 
country. 

Mr. M'Duffie moved an amend- 
ment, requiring the refiner to make 
oath that the sugar, on which draw- 
back was demanded, was refined 
from foreign sugar. 

He said, he proposed this amend- 
ment, to guard against frauds ; and 
expressed his conviction, that the 
present drawback was quite suf- 
ficient to cover the duty. 

Mr. Taylor observed, that this 
amendment would produce incon- 
venience, as the exporter would 
not always be the refiner. 

The amendment was then re- 
jected ayes 80, nays 90. 

Mr. Wilde expressed his opinion, 
that this bill ought not to pass. He 
referred to the particular circum- 
stances, which rendered our trade 

Voi. III. 



in refined sugar more than usually 
prosperous ; the fact of the French 
republic being excluded from com- 
mercial intercourse with the other 
European powers, and the conse- 
quent diversion of the trade into 
our hands. He stated, that the 
principal sugar used for refining, 
is the Havana laid sugar; and 
that no domestic sugar had, as 
yet, been used for that purpose, 
was the best proof of its unfitness* 
He suggested, that as we had, by 
the imposition of an increased duty 
on molasses, enhanced the value of 
that article ; we had, by this duty, 
benefited the refiner of the foreign 
material, who could dispose of his 
molasses to better advantage. He 
attributed the diminution of our re- 
fined sugar, to the superiority of 
the British manufacture, which in- 
duces us to import from Great Bri- 
tain or Canada, in preference to 
the consumption of our own. This 
inferiority, he attributed to the use 
of bad machinery. He concluded 
with expressing his hope, that the 
bill would not pass. 

Mr. Mallary briefly met the ar- 
guments used in opposition to the 
bill. If he believed that Louisiana 
could be injured by this bill, he 
would vote against it. But he an- 
ticipated no such result. The do- 
mestic article is now insufficient to 
the supply. Instead, therefore, of 
any of it being exported, we are 
obliged to import foreign sugar, to 
make up the deficiency at home. 

14 



100 



ANNUAL REGISTER, 18-27-8-9. 



In cases, where a surplus foreign 
material may remain in the mar- 
ket, there will be a depression of 
price, in which the domestic article 
must participate. By the introduc- 
tion of this drawback system, the 
foreign article is carried out of the 
market, and the domestic is left at 
home, without competition, to the 
manifest advantage of the grower. 
Were it not for the allowance of 
this drawback, there would be a 
very diminished importation of fo- 
reign sugar, to the injury of the 
commercial interest, and the reve- 
nue would be deprived of the duty, 
on so much as is consumed here. 
He objected to the use of the 
term bounty, in relation to that 
which is only the fulfilment of an 
obligation, viz. : to pay back, on 
exportation, the duty on the im- 
ported article. This is a maxim 
of sound commercial policy. He 
was of opinion that the bill was 
called for, and should be allowed 
to pass. 

The bill passed to a third read- 
ing, by a vote of 117 ayes, 71 
nays, and was sent to the senate 
for concurrence. 

In the senate, when the bill was 
taken up, December 30th, a simi- 
lar discussion took place. 

Mr. Smith, of Maryland, said, the 
secretary of the treasury thought 
that this allowance was fair, in re- 
lation to the refiner, as five cents 
give no more to the refiner than 
he pays for duty. The bill will 
enable our refiners, to enter into 



competition with the sugar reliuti '* 
of Hamburgh and England, Their 
sugar comes into market without 
duty; our sugar is taxed with one 
cent on the pound. Five cents is 
one tenth of a cent less than the 
duty paid by the refiner. But it is 
thought, that the five cents draw- 
back would be sufficient to enable 
our refiners to enter into fair com- 
petition with foreigners in foreign 
markets. The Batavia sugar is 
the best for the refiner. Very 
little domestic sugar is refined. 
The Cuba sugar is the next best for 
refiners. Our trade with Cuba is 
very extensive, and our returns 
are received principally in sugar, 
which we export after refining it. 
On the whole, he thought, that the 
bill would be highly beneficial to 
the navigating and manufacturing 
interests, and to the interest of the 
country at large. 

Mr. Benton said, this was one of 
those bills which was very likely to 
take a run, and pass both houses of 
congress without delay. The pre- 
sent drawback was very different 
from the drawback of the year 1790. 
It was a premium. In 1790, we had 
no domestic sugar, and there was 
no competition between it and fo- 
reign sugar, and no danger of 
fraud. There was proof before 
congress, that we paid a premium 
on domestic rum made of whiskey. 
Only one fourth part of the spirits 
exported as West India rum, was 
ever imported. Congress took 
awav the drawback in that case. 



BILL RELATIVE TO DRAWBACK. 



101 



We are told that domestic sugar 
will not do for refining. The 
truth is, that the refiner can get fo- 
reign sugar, freed from duty, cheap, 
er than he can get domestic sugar. 
"West India sugar costs three cents, 
and Louisiana five cents. 

Mr. B. declared the drawback 
to be a tax, for the benefit of a few 
manufacturers, and a few foreign- 
ers; and that it was at war with 
the principles of the American sys- 
tem. He was opposed to the bill 
altogether. 

Mr. Sanford remarked, that the 
senator from Missouri, had incor- 
rectly denominated the drawback 
a premium. That it was a pre- 
mium, in one sense, he admitted ; 
but he denied that it took from the 
treasury a single cent, to which the 
government was fairly entitled. 
The drawback on sugar was es- 
sentially the same, with the draw- 
back on salt used by the fisher- 
men. We allowed the fishermen 
a bounty on the exportation offish, 
equal to the duty paid by them on 
salt, which was used in curing fish. 
In neither case, was there any tax 
on the treasury, nor any burden on 
the people, unless fraud was com- 
mitted. In respect to sugar, it 
was not pretended, that there had 
been any fraud, or suspicion of 
fraud. The question now was, 
whether we should permit our re- 
finers to export refined sugar, free 
from the duty which they had paid 
on the raw sugar. In the present 
state of things, it was proper, he 



thought, to encourage the manu- 
facturer, by returning to him the 
duties which he pays on the raw 
material that he imports. We 
suffer him to supply us with re- 
fined sugar ; why not let him supply 
foreign countries ? 

Mr. Johnston, of Louisiana, 
could see, he said, no objections 
to the principle on which the bill 
was founded. Another principle 
was equally plain that when the 
country produced a sufficient quan- 
tity of raw sugar ; the domestic, and 
not the foreign raw material, should 
be used in the refinement of sugar. 
He would, therefore, propose that 
this law should continue in force 
only five years. At that time, the 
operation of it would be well ascer- 
tained. If the trade should become 
an important one, and not prejudi- 
cial to any other interest, the law 
might be renewed. At that period, 
too, the production of domestic 
sugar would be greatly increased = 
perhaps, to an extent sufficient for 
the supply of the refiners. 

Mr. Silsbee opposed the amend- 
ment. The sugar refiners, he said, 
would not invest capital in the busi- 
ness, on the supposition that the 
manufacture was to be sustained 
only five years. The information 
which the gentleman alluded to, 
would be shown yearly, in the re- 
port of the secretary of the trea- 
sury. 

Mr. M'Lane opposed the motion 
to amend. The object of this bill 
was to extend the benefit of draw. 



108 



ANNUAL REGISTER, 1827-8-9. 



back"*to sugar, in whatever form 
it may be exported. It was no ex- 
tension of the principles of draw- 
backs. The object is to en- 
courage navigation and manufac- 
ture, But the amendment propo- 
sed, would send the manufacturer 
abroad, burthened as he is now 
burthened. He should be equally 
favourable to the bill, whether the 
production of domestic sugar should 
be equal, or not, to our consumption 
ttnd manufacture. 

Mr. Benton reiterated his objec- 
tions to the bill. The supply of 
the whole twenty-four states of the 
Union, was already secured to our 
refiners ; and yet we were told that, 
unless they can be sent abroad, to 
supply foreign nations, at our ex- 
pense, their business will decline. 
He thought that, if we did this, we 
should, at least, permit foreign re- 
finers to come here. As to the ob- 
jection, that domestic sugar was 
too dry for refining he said that 
the atmosphere and fire would, if 
applied to domestic sugar, have 
the same effect upon it, which it 
has upon foreign sugar. By put- 
ting a duty of twelve cents on re- 
fined sugar, we had given the ex- 
clusive supply of the home market 
to our refiners. But, not satisfied 
with this, they asked for five cents 
a pound on their manufacture, as 
a bounty, to be taken out of the 
pockets of the American people. 
It was the boldest application ever 
presented to congress. 



Mr. Woodbury said, that if he 
agreed with the gentleman from 
Missouri, as to the origin and poli- 
cy of our drawback on refined 
sugars, he might not disagree much 
from his conclusions. But the first 
statute on this subject, in A. D. 
1794, was not passed because we 
had no sugar of domestic growth 
to protect; nor because the reve- 
nue was safe from frauds, by its 
not being used in the manufacto- 
ries. There may have been no 
sugar then raised in the United 
States, nor any danger of its ob- 
taining the drawback ; yet the sta- 
tute was passed from other reasons, 
of more general importance, and 
which had not since been impaired, 
by our extended cultivation of the 
cane. A little attention to those 
reasons, would free the present bill 
from numerous objections urged 
against its passage. 

The paramount reason doubtless 
was, that imposts, as revenue, were 
intended to be collected only on 
such foreign imports as were con- 
sumed in this country. They were 
meant as a tax on home consump- 
tion, and not on trade or manufac- 
tures : and as the sugar used in 
refineries, and re-exported, was 
not in any sense consumed here, 
it was proper to relieve it from the 
imposts by a drawback. 

Another reason was, the encou- 
ragement of those employed in 
the manufactory of refined sugar. 
The drawback enabled them to 



TONNAGE BILL. 



10V 



send their labours abroad, on the 
same terms with other manufactu- 
rers in foreign countries. Where- 
as if the raw material was subject- 
ed to a large tax, they could not 
compete, in markets abroad, with 
Europeans, who, by their universal 
system of drawbacks in such cases, 
could afford the article at a lower 
price- 

Another consideration, not least 
in magnitude, was, undoubtedly, 
the encouragement thus given to 
our carrying trade and navigation. 
Considerable quantities of an arti- 
cle were thus imported and export- 
ed, which, without the drawback, 
must find its final market or place 
of consumption through other chan- 
nels, and not in American vessels. 

The amendment was then re- 
jected ayes 16, nays 22 ; and the 
senate adjourned. 

Dec. 31st. The debate was 
renewed. 

Mr. Dickerson said, that he had 
satisfied himself, that a drawback 
of 5 cents, was more than equiva- 
lent to the duty ; and he was un- 
willing to extend the drawback to 
articles, which might be made from 
materials of domestic production. 

Mr. Chandler offered as an 
amendment, that the law should 
expire, when the exports of sugar 
should be equal to the imports ; 
which was agreed to. 

The question was then taken on 
the bill, which was ordered to be 
engrossed ayes 22, nays 15 ; and 
it became a law. 



A tonnage bill, introduced in 
the house, more directly affect- 
ing the navigating interest, met 
with a less favourable reception. 
This bill, which proposed to repeal 
the tonnage duties upon American 
vessels, and all vessels placed by 
treaty on the same footing, was 
taken up in the house, February 4th. 

Mr. Gilmer opposed the engross- 
ment of the bill. He contended, 
that the tonage duty was so light ; 
that the whole amount proposed to 
be repealed by this bill, was only 
one hundred thousand dollars. He 
thought it unjust that the naviga- 
ting interest should complain of a 
burden so light, when at the very 
last session, 925,000 dollars was 
appropriated for light houses, buoys, 
harbours, &c. ; and the govern- 
ment had taken in hand a work for 
the benefit of this interest, which 
fifty years of tonnage duties would 
scarcely repay. He wished the 
public debt to be paid off, before 
any of these burdens were re- 
moved. 

Mr. Sprague made some obser- 
vations in reply. He did not say, 
that this was a very heavy duty ; 
but, if unnecessary, it ought to be 
removed. He showed that the coast- 
ing trade was embarrassed by this 
duty ; and it was rendered onerous 
by the delays, inconveniencies, 
andjembarrassments, which it cau- 
sed. He explained that the duty 
was onerous, not on the navigating 
interest only ; but on all persons 
who were concerned in the trans- 



ANNUAL REGISTER, 1827-6-9. 



portation of merchandise. These 
duties are paid into the public 
treasury. The documents show, 
that they reacli the treasury. The 
law imposing fifty cents per ton 
for light money, on foreign vessels, 
is not touched by this law. He 
resisted the argument, that because 
there had been great sums paid 
out for the protection of this inte- 
rest, its burden should be relieved 
and thought that all the revenue 
required could be raised in modes 
more agreeable to the public inte- 
rest, than by taxing our ships. 

He showed that commerce and 
agriculture generally, had been as 
much benefited by appropriations 
for light-houses, buoys, and har- 
bours, as the navigating interest. 
The cotton grower of the south 
had his share of the benefits. If 
there were not these securities, 
the freight would be proportionably 
enhanced. If an account current 
is to be kept of expenditures, let 
the portion expended for the benefit 
of each interest, be charged to that 
interest. If so, the commercial 
and navigating interest, must be 
greatly the gainer by this prac- 
tice. 

As to the statement, that the 
navigation interest was the most 
lightly taxed, he repelled it, by 
showing that not only did the ship 
pay a heavy duty for the materials 
of which she is built and equipped ; 
but the labourers employed, bear 
a greater share of taxation than 
Insurers of any other class. He 



showed, that the duty on the mate, 
rials of a large ship had increased 
to six times what it was in 1790 : 
and this increase was for the bene- 
fit of agriculture and manufactures. 

The navigating interest had been 
weighed down, for the benefit of 
other branches of domestic in- 
dustry. 

The gentleman wished to pay 
the public debt, before he took off 
any burdens. He informed the 
gentleman, that this debt would be 
paid as fast as it is redeemable ; 
and read, from the report of the 
secretary of the treasury, a state, 
ment, that twelve millions might be 
appropriated for the payment of 
the debt. He showed that, in 1833, 
there would be a surplus of six 
millions ; and, in 1834, seven mil- 
lions ; and, in 1835, seven millions 
more than can be applied to the 
debt ; because the whole of the 
debt is not redeemable until 1835. 
The argument, therefore, that we 
should keep on this 100,000 dollars 
a year, upon the navigating inte- 
*rest, to enable us to pay the debt, 
can have no weight ; as the na- 
tional treasury will supply means 
for its extinguishment much faster 
than it can be applied. 

Mr. Gilmer replied to the ob- 
servations of Mr. Sprague. He 
enforced what he had before said, 
on the subject of the easy collec- 
tion of the duty. The officers em- 
ployed in it would be continued, 
whether the duty were continued 
or not; therefore, the repeal of the 



TONNAGE BILL. 



Ill 



duties would not take any burdens 
from the people in that respect. 
The main thing to be regarded in 
taxation, is to impose equal bur- 
dens, and such imposts as can be 
collected most easily. He reitera- 
ted what he had betbre advanced, 
as to the disproportion which this 
tonnage duty bears, to the great 
expenditures made for the benefit 
of the navigation interest. His 
proposition was, that it was an 
unreasonable demand of this in- 
terest, to be relieved from all taxes, 
when so large an amount was ex- 
pended for its benefit. He denied 
that he had said, that no other in- 
terest was benefited by the ex- 
penditures for light b ys 
and harbours. He had merely 
said, that these expenditur s were 
made for the advantage of the 
navigating interest. He knew, at 
the same time, that, when you be- 
nefit any particular interest, all the 
other interests, more or less, partici- 
pate in the advantage. Another of 
his propositions, which he said had 
not been answered, was, that the 
navigation interest paid a lighter 
duty in proportion to the amount 
of capital taxed, than any other in- 
terest. 

He replied to the statements par- 
ticularizing the articles on which 
the ship builder has to pay duties. 
He admitted, that these articles 
were taxed, but it was not a direct 
tax on the ship builder ; it was no 



other kind of tax, than that which 
every interest paid. 

A motion was then made to lay 
the bill on the table, which was 
negatived 82 ayes, 92 nays. 

Mr. Reed contended, that this 
tax is the most unequal of any 
which is imposed. That vessels 
were liable to this tax, on every 
change of owner. Since the es- 
tablishment of discrimination duties, 
the ownership of vessels had been 
transferred from the capitalists to 
the mechanics, who have built the 
vessels in partnership. In 1818, it 
was a favourite measure with the 
south, to repeal the discriminating 
duties ; and he had voted with the 
south on that occasion, although 
Massachusetts, including Maine, 
owned so large a portion of the 
shipping. He informed the house, 
that Great Britain, who taxed every 
thing, had left her ships free from 
tonnage duties. The question on 
the engrossment of the bill was 
carried 94 ayes, 78 nays. The 
next day, the discussion was re- 
sumed, and a motion was made to 
recommit the bill, with the view of 
repealing the duties on salt and 
molasses. 

Mr. Martin then made some 
observations on the motion. He 
considered the frequent refusals, to 
consider a proposition to repeal the 
duty on salt, as emanating from the 
fact, that a few large states are in- 
terested in keeping up this duty. 



112 



ANNUAL REGISTER, 1827-8-9. 



He moved to postpone the further 
consideration of the bill, until Mon- 
day next. 

Mr. Gorham then expressed his 
belief, that the owner of a ship would 
derive no more advantage from this 
repeal of duties, than every other 
man in the community. He objected 
to the engrafting upon the bill a 
number of propositions concerning 
subjects of domestic industry. The 
present tax on shipping, which the 
bill proposes to repeal, is light, and 
is troublesome and vexatious in the 
mode of collection. He referred 
to the statistical tables, to show that 
while our population had increased, 
our navigating interest had not 
kept pace with it ; but that it was 
rather on the decline, thus afford, 
ing proof that it was operated upon 
by some burdens. He thought 
gentlemen did not take a correct 
view of the question. While Great 
Britain was encompassing the globe 
with her commercial connexions, 
we embarrass even an inconsi- 
derable proportion, to relieve the 
shipping interest, in the manner 
now proposed. He suggested, that 
he might be inclined to go with 
gentlemen in their propositions, at 
a proper time, and in proper form ; 
but it must be evident, that if the 
spirit now manifested should be 
successful in embarrassing and 
defeating this bill, the whole of 
New-England must be against them. 
He referred to the policy which had 
been pursued, in abolishing all dis- 
crimination between American and 



foreign bottoms; and after thus 
opening the way for foreign navi- 
gation, we impose burdens on our 
own. He reminded the house of 
the manner, in which propositions 
were introduced to amend the taring 
and the spirit of conversation which 
exhibited itself on that occasion. 
His own course, and that of the 
gentleman from Maine, had been 
the same and uniform, in considering; 
every proposition distinctly. He 
hoped gentlemen would withdraw 
the motions to amend, which could 
not be supported by those who 
were the advocates of the bill. 

Mr. Hamilton said, he did not 
mean to be betrayed by his own 
feelings, under a sense of the wrong 
which his constituents had suffered 
from the tariff, into a premature 
discussion of that question. 

He expressed his belief, that the 
tariff was fastened on the country, 
under the public excitement, which 
was produced by the question as to 
who should be the next President. 
He was not about to vote for a re- 
duction of the duties on the articles 
proposed, while the great staples of 
the country were left untouched. 
He intended to move to add, " and 
all cotton and woollen goods, and 
articles manufactured from iron." 

Mr. Sergeant reminded gentle- 
men that it had been too much the 
practice to throw articles into the 
mass, in imposing duties : and it 
was now proposed to throw articles 
equally into the mass, in taking 
them off. In consequence of this 



TONNAGE DUTY. 



113 



practice, he had been compelled to 
vote for duties on many articles in 
the tariff, which he did not desire to 
vote for. He objected, to the em- 
barrassment of the simple provision 
in this bill, by such extraneous pro- 
positions. He was ready to consi- 
der and discuss the proposed re- 
ductions in detail; but he did not 
wish, to see them brought before 
the house in the present mode. 
He showed, that this tax operates 
on _the grower, who has primarily 
to pay the duty. Whatever is add- 
ed to the burdens of the vessel 
owners, is added to the cost of the 
freight, and must be paid by the 
person who has to transport it; He 
denied, that there was any thing 
sectional in the operation of this 
bill. Its effects would be general, 
throughout the Union. He was not 
ready to act upon the various pro- 
positions contained in the motions 
to amend, with the exception of the 
duty on tea, which was now before 
the house in a distinct form. 

Mr. P* P. Barbour said, if 
this bill was to operate on those, 
who were concerned in the trans, 
portation of produce ; it should be 
left to the producers to determine, 
how they might best be relieved. 
He reminded the house, that if the 
shipping interest had suffered, 
which he admitted ; that suffering 
was to be attributed to the changes, 
which had taken place in the poli- 
tical and commercial relations of 
the world, and not to the operation 
VOL. III. 



of the tonnage duty. When the ta~ 
riff law was first passed, the duty oh 
salt was 6 cents : it was afterwards 
increased to 20. In 1807 it was 
repealed. It was true, that it was 
imposed again in 1813 ; but it was 
only as a war tax. If there be a 
tax which ought to be repealed, it is 
this. He stated, that in the non- 
slave-holding states, every man, 
even the poorest, pays as heavy 
duty on his salt as the wealthiest. 
It was not sound policy, when all 
interests are complaining, to relieve 
but an inconsiderable portion, and 
to leave the others unrelieved. The 
subject involves too many rami- 
fying interests, to be discussed at 
this time. He moved to lay the 
bill on the table, and asked the ayes 
and noes, which were ordered. 

The question was then put, and 
the house being equally divided, 92 
ayes, 92 nays ; the speaker gave 
the casting vote, in favour of laying 
the bill on the table. 

On the 26th of February, Mr. 
Sprague again moved the conside- 
ration of the bill, and the motion 
was carried 88 ayes, 67 nays. 

Mr. Cambreleng expressed his 
regret, that when the bill was for- 
merly up, the debate took a tariff 
direction. He assured gentlemen 
who had given it that direction, that 
it had no connexion with the tariff. 
He stated that the tonnage duty 
did not exceed $100,000 ; and the 
weight of it fell on Ohio, Alabama, 
Louisiana, &c. He regretted any 

15 



\VMAL REGISTER, 



movement upon this bill, on tariff 
ground. He went with the gentle- 
men of the south, in their objections 
to the present tariff, which he deem- 
ed a bad one ; but it had nothing 
to do with this question. This will 
relieve Georgia and Florida from 
an oppressive tax. He wished to 
defer every question concerning the 
tariff, until the next session, when 
he hoped the present tariff would 
be revised, and so corrected, as to 
prevent any further applications for 
tariffs, for twenty years to come. 

Mr. Mallary said that, althougk 
in favour of the tariff, he thought 
he could give a vote, consistently, 
in favour of this bill, the main ob- 
ject of which is to relieve the na- 
vigating interest by the way of re- 
gulation. He was for protecting 
ship building in the United States. 
As to the tariff, which is to be 
brought into every discussion, it is 
a settled question. No administra- 
tion, be it composed of what men 
it may, dare disturb it. 

Mr. Sprague moved the pre- 
vious question Ayes 71, noes 50. 
The house, then ordered the 
question to be now put ayes 98, 
nays 74 ; and the bill was passed, 
ayes 101, nays 75, and sent to the 
senate, for concurrence. 

In that body, the following pro- 
ceeding took place. On the second 
of March, the last day, when, by 
the rules of that body, any bill could 
be discussed, Mr. Woodbury moved, 
that the bill to repeal the duties on 



tonnage, be taken up. As the bill 
had passed the other house, and had 
been reported by the committee 
without amendment, he felt it to be 
his duty to move its consideration. 
No further time would be occupied 
by it, than the reading of the report. 
Mr. Tazewell said, if the bill was 
to be taken up, without any other 
reason than that which had been 
given; every gentleman would move 
the consideration of the bill in 
which he felt most interest, without 
reference to the orders. This be- 
ing the case, he would mention that 
there was a bill, and a very long 
bill, more interesting to the public, 
than any other. He meant the bill, 
for taking the next census. That 
bill had no friend, because every 
one had an equal interest in it. 
Another thing he would say : if the 
tonnage bill was taken up, no other 
business would be done this session. 
If the gentleman from New-Hamp- 
shire would not discuss it, those 
who were opposed to it, would. He 
threw out some suggestions in re- 
gard to the question which the bill 
presented, and which would create 
much discussion. 

Mr. Woodbury replied, and sup- 
ported the motion. He did not ap- 
prehend a long discussion of the 
bill. The Cumberland road bill, 
was passed here, in half an hour, 
although in the house, it had been 
discussed for weeks. He admitted 
that the census bill was highly im- 
portant ; and it could not, he said, 



PANAMA MISSION. 



110 



be reached, unless it was taken up 
out of its order. There were many 
interesting bills on the orders 
which, like the tonnage bill, must 
be 4aken up, out of their order, if 
taken up at all. 

Mr. Hayne spoke against the 
motion. If the tonnage bill were 
forced up out of its order, no other 
business would be transacted to- 
night. 

Mr. Smith, of South-Carolina, 
spoke against the motion. By the 
rules of the house, he had a right 
to speak as long as he pleased, on 
any question, and he pledged him- 
self that he would, as long as his 
physical powers held out, speak in 
opposition to the bill, if it should be 
taken up. Mr. Smith proceeded 
to comment on the present laws, re- 
lative to the navigation of the coun- 
try, the tariff, &c. He would agree 
to postpone the orders, for the pur- 
pose of considering the census bill, 
but no other. 

The question being taken, it was 
decided in the negative ; ayes 16, 
nays 23, and the bill was lost. 

On the last day of the session, 
the President transmitted the fol- 
lowing message to congress. 
To the Senate and House of Repre. 

sentatives of the United States of 

America. 

Washington, 3d March, 1829. 

I transmit herewith, to congress, 
a copy of the instructions prepared 
by the secretary of state, and fur- 
nished to the minister of the United 



States appointed to attend at the as- 
sembly of American plenipoten- 
tiaries, first held at Panama, and 
thence transferred to Tacubaya. 
The occasion for which they were 
given, has passed away, and there 
is no present probability of the re- 
newal of those negotiations ; but 
the purpose for which they were in- 
tended, are still of the deepest in- 
terest to our country, and to the 
world, and may hereafter call again 
for the active energies of the go- 
vernment of the United States. 
The motive for withholding them 
from general publication having 
ceased, justice to the government 
from which they emanated, and to 
the people for whose benefit it was 
instituted, require that they should 
be made known. With this view, 
and from the consideration that the 
subjects embraced by those instruc- 
tions, must probably engage here- 
after, the consideration of our suc- 
cessors, I deem it proper, to make 
this communication to both houses 
of congress. One copy only of 
the instructions being prepared, I 
send it to the senate, requesting that 
it may be transmitted also to the 
house of representatives. 

JOHN QUINCY ADAMS. 

Mr. Tazewell said, before a word 
more of these papers was read, he 
moved that they be referred to the 
committee of foreign relations : 
agreed to. 

Mr. Chambers moved that they 
be printed for the use of the senate. 

After an animated discussion, in 



116 



\N\UAL REGISTER, 1825-S-l*. 



which the merits of the mission 
were freely canvassed, the motion 
to print was negatived ayes 16, 
nays 24 ; and then on motion of Mr. 
Tazewell, the message, and the ac- 
companying documents were trans- 
ferred to the executive or secret 
journal of the senate, by a vote of 
25 ayes, 16 nays. This attempt to 
suppress this document, did not 
prove successful. Public opinion 
called for its publication ; and af- 
ter keeping on the secret journal, 
for a fortnight, the senate, on the 
17th of March, by a vote of 22 to 
10, permitted it to be published. It 
will be found in the second part of 
this volume. 



The twentieth congress had ter- 
minated its session on the third of 
March ; but the senate had been 
convened by Mr. Adams, with the 
view of enabling his successor to 
fill, without delay, the vacancies 
caused by the resignation of the 
members of his cabinet, and such 
others, as he might think it expedi- 
ent to make, by removing the in- 
cumbents. 

The proceedings of the next ad- 
ministration, fall more naturally 
within the limits of the next volume ; 
and for that, we shall reserve its 
historv 




CHAPTER VI. 



Treasury Report for 1827. State of Finances Report of Finance Com- 
mittee Expenses of Congress Pensions Appropriations for 1828 - 
Expenses of Government Naval service Discussion on bill Hos- 
pital fund Slave trade Fortifications Light-houses, <5fc. Internal 
improvement Discussion on do Military service Indian department 
Public buildings Treasury report for 1828 State of finances Ap- 
propriations for 1829 Congress Executive government Pensions 
Naval service Fortifications Light- Jiouses, fyc. Internal improve- 
ment Military service Indian department Public buildings. 



PURSUANT to . the act of May 
10th, 1800, the secretary of the 
treasury, (Mr. Rush,) on the 8th 
of December, 1827, transmitted to 
congress his annual report on the 
state of the public finances. 

This report showed a balance in 
the treasury, on the first of Janua- 
ry, 1827, of $6,358,686, being 
$1,157,036 more than the balance 
of the preceding year, though fall- 
ing $66,852 short of the balance 
estimated in the last annual report. 
The actual receipts into the trea- 
sury, during the first three quar- 
ters of the year 1827, were esti- 
mated at $17,488,810 
Viz. customs, 15,142,893 
Public lands, 1,212,011 
Dividends from the U. 

S. Bank. 420,000 



Arrears of internal du. 
'ties, direct taxes, and 
incidentalreceipts, 

Repayments of advan- 
ces made in war de- 
partment prior to 
1815, 

Estimated receipts du- 
ring the fourth quar- 
ter, 



681,561 



32,345 



5,117,480 



Total receipts, 22,606,290 

Expenditures during the 
first three quarters of 
the year 1827, were 
estimated at 17,895,390 

Viz. civil, diplomatic, 

and miscellaneous, 2,013,521 

Military service, inclu- 
ding pensions, fortifi. 
cations, averages, In- 
dian department, <fec. 4,750,271 



1153 



ANNUAL REGISTER, 1827-8-9. 



Naval service, build- 

ing, &c. 3,458,576 

Principal of public debt, 5,007,303 
Interest of do. 2,665,720 

Estimated expenditures 

during the fourth 

quarter, 4,800,000 

Civil, diplomatic, and 

miscellaneous, 672,243 

Military service, &c. 900,000 
Naval service, &c. 875,000 

Principal of public debt, 1,500,164 
Interest of do. 852,593 



Total expenditure for 

1827, $22,695,390 

And leaving an estimated balance 
in the treasury on the first of Ja- 
nuary, 1828, of $6,269,585. Of 
this balance $3,980,000 consist- 
ed of unapplied appropriations; 
$1,000,000 of unavoidable funds ; 
$817,880 balance of the moneys 
received under the treaty of Ghent. 

The receipts for the year 1828, 
were estimated at $22,300,000 : 
viz. Customs, $20,372,700 

Public lands, 1,400,000 

Bank dividends, 420,000 

Other sources, 107,300 



The expenditures at $19,947,125, 

viz. Civil, miscellane- 
ous, and diplomatic, $1,828,385 

Military service, &c. 4,332,091 

Naval service, build- 
ing, &c. 3,786,649 

Public debt, 10.000,000 



Leaving an excess of receipts 
over the expenditures, of 

$2,352,874. 

The gross amount of duties 
accruing during the first three 
quarters for the year 1827, was es- 
timated at $21,226,000 ; during 
the fourth quarter estimated at 
$5,774,000. 

The debentures for drawbacks 
issued during the first three quar- 
ters, amounted to $3,381,942. 

The amount outstanding on the 
30th of September, was $2,516,966. 
of which $1,245,057 were charge- 
able on the revenue of 1828. 

The total amount of the public 
debt, on the 1st of October, 1827, 
was $68,913,541 

Consisting of the same stocks 
that are enumerated at page 131 
of the Annual Register, for 1826-7; 
with the exception of the loan of 
1818, redeemable in 1826. This 
item was reduced from the amount 
of $11,254,197 

By the payment from the sink- 
ing fund to the amount of 

$4,244,587 

A further payment was to be 
made during the year, which would 
reduce the debt, on the 1st of 
January, 1828, to $67,413,378. 

Of the debt, as it stood at the 
date of the report, $49,001,215 
were owned in the United States, 
and $19,912,326 by foreigners. 

The Secretary, after furnishing 



APPROPRIATIONS FOR 1828. 



119 



the above statements concerning 
the public finances, went into an 
examination of the state of the 
commerce and manufactures of the 
country, during the year 1827. 
The importations amounted to 
$81,000,000. The exportation 
to 880,000,000. He then pro- 
ceeded to examine the capacity of 
the United States, to manufacture 
many of those articles of consump- 
tion, usually imported from Europe ; 
stated the probable effects of en- 
couragement of domestic manu- 
factures, upon commerce and agri- 
culture; and decidedly recommend- 
ed such an alteration in the revenue 
system, as would afford a decided 
advantage to the American manu- 
facturer ; inculcated the necessity 
of prosecuting the plans of internal 
improvement ; and suggested the 
propriety of establishing a ware- 
house system, and an extension of 
the time for the allowance of draw- 
backs, with the view of securing 
the carrying trade between Europe 
and South America. A diminution 
of the duties on teas and wine, was 
also recommended. 

The reasoning of this report, 
and the conclusions to which the 
secretary arrived, were afterwards 
criticised, and a refutation at- 
tempted, in a report from the com- 
mittee of ways and means, which 
was submitted to the house on the 
12th of March 1828, by the chair- 
man, (Mr. McDuffie.) The cir- 
cumstances under which this re- 



port was made, are detailed in 
Chap. 3. of this volume, page 
55 A large number of both re- 
ports were printed by the order of 
the house, and they were exten- 
sively circulated throughout the 
country, as containing the princi- 
pal arguments, both for, and against, 
the protecting system. 

On the 24th of December 1827, 
a bill was introduced into the house, 
appropriating $578,003, for the 
expenses of congress ; which, of 
course, became a law, without 
opposition. $5,000 were also ap- 
propriated for the augmentation of 
the library of congress. 

On the 18th of January, 1828, 
the bills making appropriations for 
the revolutionary, and other pen- 
sioners, and also, for the support 
of the government, reported on the 
14th, were taken up by the house ; 
and having been agreed to, with 
some unimportant amendments, 
were sent to the senate for con- 
currence. 

In that body, the former bill was 
amended, on motion of Mr. Smith, 
of Maryland, by an addition to the 
appropriation of $564,000, that be- 
ing the sum remaining unexpended, 
of former appropriations for the 
same objects. This amount, the 
department thought it had a right, 
in conformity with usage, to appro- 
priate to the service of the current 
year ; but Mr. Smith thought the 
practice illegal, and that much of 
the sum unexpended would yet be 



120 



ANNUAL REGISTER, 1827-8-9. 



claimed. The senate at first 
adopted the amendment ; but the 
house refusing to agree to it, the 
senate receded, arid passed the bill 
as it originally came from the 
house. 

By thisact, the sum of $1,101,095 
was appropriated for the payment 
of the revolutionary, and other 
pensioners, for 1828. An act was 
subsequently introduced, appropri- 
ating the sum of $278,000 for the 
payment of those pensions, for the 
first quarter of 1829. 

The act for the support of the 
government was also amended in 
the senate, by striking out some 
trifling appropriations for light 
boat and buoys, which were con- 
curred in by the house. 

By this bill the following appro- 
priations were made, viz. expenses 
of executive department, including 
salaries of Vice President, all 
the deputies at Washington, and 
of the territorial governments, 

$655,055 

Of judicial department 245,400 
For diplomatic intercourse, 149,000 
For light houses, beacons, &c. 

178,539 

For pensions 2,050 

For miscellaneous expenses, 35,600 

A subsequent appropriation of 
$2,200 was made, for the distribu- 
tion of the 7th volume of the laws. 

The bill making appropriations 
for the naval service for 1828, was 
first taken up on the 12th of Feb. 
niary. 



On the clause appropriating 
$185,032 for pay, subsistence, &c. 
of officers and men at navy yards, 
hospitals, shore stations, and in 
ordinary, being read, Mr. Hoffman, 
the chairman of the naval commit, 
tee, inquired if the estimates of the 
present year, were the same as 
those for former years. 

Mr. McDuffie said, there was 
an increase of $20,000, in conse- 
quence of an increase in the num- 
ber of officers. 

Mr. Hoffman said, the increase 
was. on account of that class of 
officers, who were waiting orders. 
The number of officers exceeds 
that, for which appropriations are 
made. There are 32 captains, 
although appropriations are made 
for only 27, and nine of these are 
waiting orders. It is proposed that 
there should be 7 masters, waiting 
orders. Ill lieutenants, 12 sur- 
geons, 11 surgeons' mates, 4 to 8 
pursers, 85 midshipmen. This 
occasions an increase of 5 captains, 
5 masters, 56 lieutenants, 17 sur- 
geons, 14 surgeons' mates, 6 pur- 
sers, 3 chaplains, 156 midshipmen. 
Mr. Whipple inquired if the num- 
ber of officers was regulated by 
law, or if it depended on the discre- 
tion of the executive. 

Mr. Hoffman said, it depended 
on the appropriations made. He 
thought too many were waiting or- 
ders, and, at present, he was not 
willing to increase the number of 
vessels in commission, or the num. 



1NAVAL 



121 



faer oi officers not employed. One 
sixth of the current expenses, was 
caused by the navy ; and, believing 
ihat there was no necessity for an 
increase of vessels, he hoped that 
the appropriations for that branch 
of public service, would be in some 
proportion to the necessities of the 
times. The officers could easily 
find employment, in the commer- 
cial marine. 

Mr. Taylor was glad, that his 
colleague had called the attention 
of the house to this subject. The 
navy had fought itself into favour ; 
and if it is to preserve the favour 
of the nation, it must be by con- 
gress, exercising a judicious vigi- 
lance, in relation to its expendi- 
tures. He hoped, that the naval 
committee, with the view of limit- 
ing the executive patronage in the 
appointment of officers, would, be- 
fore the close of the session, re- 
port a plan for a naval peace esta- 
blishment. 

Mr. Williams, of North Carolina, 
inquired if the number of the offi- 
cers was greater, than the necessi- 
ties of the service. If not, he did 
not see how the appropriation could 
be refused. 

Mr. Hoffman said, that the esti- 
mate of the last year gave a prac- 
tical illustration, of the number of 
officers necessary for the vessels 
now in commission. An increase 
of one fourth is proposed, and this 
increase chiefly among the officers 
waiting orders. The numbe'r now 

VOL. III. 



contemplated is by uo means equal 
to officer all the vessels, which 
might be conveniently sent to sea ; 
but, according to the estimates of 
last year, the present number is 
quite sufficient. 

Mr. Storrs said, that the infe- 
rence from the estimates of last 
year, was clearly out of place. 
Every body knew, that the expenses 
of the naval service were in- 
creased, in consequence of the 
Brazilian war. Besides, the navy 
is gradually increasing, and the 
number of officers must be in some 
proportion, to the number of ves- 
sels. The idea of employing offi- 
cers temporarily, as had been sug- 
gested by the chairman of the na- 
val committee, was untenable, and 
the house would never sanction it. 

The pay of the officers was too 
small ; and he joined in the hope, 
that some plan would be proposed 
for a peace establishment, by which 
the number of officers should be 
limited, and their pay placed on a 
proper footing. If there is any 
looseness in the present expendi- 
tures, it is the fault of congress, 
whose duty it is to propose the 
laws. 

Mr. Dwight said, that the law for 
the gradual increase of the navy 
had rendered it necessary to in- 
crease the number of officers. The 
dock-yards, depots, &c. required 
additional officers. Are the offi- 
cers men undeserving of employ- 
ment ? No, they have earned their 
16 



122 



ANNUAL REGISTER, 1827-8-9, 



right to employment by their ser- 
vices. He hoped the bill would 
pass without further discussion. 

Mr. M'Duffie observed, that the 
course which this discussion had 
taken, proved the propriety of the 
suggestion of an honourable mem- 
ber, (Mr. Bartlett,) on a former 
day, that every appropriation for 
the navy should be first submitted 
to the naval committee. The pay 
of the navy was a fixed compen- 
sation ; and the estimates of the- 
present year exceed those of the 
last by $64,000. This excess is 
on account principally, of the in- 
crease in the number of lieutenants 
and midshipmen. Were we al- 
ways to be at peace, the present 
number would be too many ; and if 
he voted for an increase, it would 
be in reference to a future state of 
war. 

He deemed some increase indis- 
pensable ; and whether the present 
was too greater not, he was unable 
to determine. He hoped the com- 
mittee would proceed to the other 
items of the bill. 

Mr. Whipple doubted, whether 
a debate on the navy at this time 
was strictly in order. The discre- 
tion to increase had been given to 
the executive ; and if there be an 
error m the investment of that dis- 
cretion, it should be corrected, but 
not in this indirect way. 

Mr. Sergeant said, that he did 
not feel disposed to take the esti- 
mates of the department, without 



investigation. That the house should 
exercise a supervising power ovei 
the discretion given to the execu. 
tive by annual appropriations. 

As to the idea of a naval peace 
establishment, it was unsound. 
The navy had no peace. It had 
been constantly in active service. 
It was the settled policy of the 
country, to have a navy, which 
should be efficient in war, and 
useful in peace. 

He adverted to the character of 
the officers, who had contributed so 
much to the glory of the country, 
and who had been brought up in 
the service. 

Was it right to dismiss those men. 
in a moment of caprice ? And if 
they were dismissed, could their 
places be supplied in a moment oi" 
exigency ? 

After some additional remarks 
from Mr. Hoffman, reiterating his 
former opinions, and concurring in. 
the high character of the navy, 
this somewhat informal debate was 
adjourned to the next day, no mo- 
tion having been made by Mr. H. 

February 1 3//t. Mr. Hoffman 
brought on a similar discussion, by 
moving to reduce the appropriation 
for the pay, and subsistence, &c. of 
the navy, from $1,176,312, to 
$1,100,081. His intention in of- 
fering this amendment, was not to 
reduce the number of ships in 
commission ; or the number of offi. 
cers employed in those vessels ; or 
of any that were to be employed 



NAVAL SERVICE. 



in the \ essels to be sent to the Pa- 
cific, or the Mediterranean. His 
object was, to reduce the number of 
those waiting orders, so far as it 
was proposed to be increased. 

He said this reduction would 
allow of the proposed diminution ; 
and if the navy was sustained last 
year upon an appropriation similar 
to that proposed by him, he did not 
see the necessity of an advance 
for the current year. 

Mr. Sprague stated, that the dif- 
ference in the estimates was 
caused by the new system of navy 
yards. There was no such class 
of officers, as officers waiting or- 
ders. 

Those who had been a long time 
at sea, were entitled to the indul- 
gence of remaining some time on 
shore, waiting orders. 

The chairman of the naval com- 
mittee was mistaken, in supposing 
that the navy could be officered 
from the merchant service. It 
might be manned from that source, 
but officers must be educated for 
the service. 

The country had had enough ex- 
perience, of the folly of taking in- 
experienced men for officers in the 
army, at the commencement of the 
late war ; and he hoped never to 
see a similar policy adopted for the 
navy. A series of worse disasters, 
might be expected from the appli- 
cation of such a principle, to that 
branch of the service. 



Mr. Bartlett rose 10 say, that the 
opinions expressed by the chairman , 
were not those entertained by the 
naval committee. 

After some further debate, in * 
which Messrs. Gilman, Ingersoll, 
S. Wood, Drayton, and Weems, 
participated, the question was taken 
on the amendment, which was ne- 
gatived, and the larger sum insert- 
ed ayes 104, nays 53. 

Some other unimportant amend- 
ments were adopted ; and the bill 
then passed the house, and was 
sent to the senate for concurrence. 

In that body, Mr. Smith, of Ma- 
ryland, proposed to amend it, 
March 7th, by re-appropriating se- 
veral items, which were carried to 
the surplus fund at the beginning 
of the year. 

Another section was added, 
making an additional sum of one 
fourth of each item of the ordinary 
appropriations for the service of 
the first quarter of the year 1829. 
The senate adopted these amend- 
ments ; but the house, March 17th, 
only acceded to the first, prefer- 
ring to pass a separate act for the 
first quarter of the year 1829. 

The senate then receded from 
the second amendment, and the 
bill became a law. 

By this bill, the following appro- 
priations were made for the naval 
service of 1828 : 
For pay, subsistence, 

and provisions, $1,925,446 



1NNIAL REGISTER, 



Repairs of vessels, $475,000 

Do. and improvements 

of navy-yards, 105,000 

Medicine and hospital 

stores, 27,000 

Completing, building, 
and equipment of 
sloops of war autho- 
rized by act of 
March 3d, 1825, 201,350 

Enumerated contin- 
gencies for 1828, 240,000 

Non-enumerated con- 
tingencies for 1828, 5,01)0 

Contingent expenses 

for prior to 1826, 4,760 

Expenses of marine 

corps, 182,827 

Navy yards before ap- 
propriated, 5,300 

Other sums before ap- 
propriated, 705 

For purchasing land 
to provide live oak, 
and other timber, 
pursuant to act of 
March 3, 1827, 10,000 

Arrearages prior to the 

year 1828, 15,000 

At a later period of the session, 

a. law was passed, making an addi- 
tional appropriation for the naval 

service of 1828. By this law, the 

following additional sums were ap- 

propriated, viz. 

For pay, subsistence, 

and provisions, $35,160 

For medicine and hos- 
pital stores, 1,200 

For outfits. 25.000 



For repairs, &c. I0,uu< 

An act was also introduced mt" 
the house, which became a lav . 
providing for the naval service for 
the first quarter of the year 1829, 
This practice of providing for a 
portion of the ensuing year, has 
been found to be necessary, as, in 
consequence of the delay in pass- 
ing the appropriation bills, until 
late in the session, the business of 
the department was thrown into 
confusion, and very often crews 
were kept on board, for want of 
funds to discharge them. 

By this bill, the following sums 
were appropriated for the naval ser- 
vice of the first quarter of the yonr 
1829 : viz. 
For pay, subsistence, and 

provisions, $480,951 

Repairs of vessels, 1 1 8,750 

Repairs and improvement 

of navy yards, 26,250 

Medicines and hospital 

stores, 6,750 

Ordnance, 12,500 

Arrearages prior to 1829, 3,750 
Enumerated contingen- 
cies, 60,000 
Non-enumerated contin- 
gencies, 1,250 
Expenses of marine corps, 45,676 
A bill was also proposed in the 
house, which afterwards became 
a law, appropriating the sum of 
$46,217, to the navy hospital fund. 
The bill appropriating $30,000 
for the suppression of the slave 
trade, may also be classed among 



FORTIFICATIONS. 



the public expenditures, through the 
navy department. 

This bill, which came up, May 
20th, 1828, occasioned some dis- 
cussion in the house. 

Mr. Mercer moved to amend the 
bill, which provided for the aboli- 
tion of the African agency, so as 
to provide for the abolition of the 
slave trade, pursuant to the act of 
1819. 

Mr. M'Duffie said, this bill was 
unanimously recommended by the 
committee on ways and means. 
Every liberated African had cost 
the government, $ 1,200, to $1,500; 
and the same object could be much 
more easily effected through the 
colonization society. Besides, the 
agency had involved the United 
States, in- some complicated rela- 
tions. As agent of the society, he 
had commenced war with a neigh- 
bouring prince, and resumed his 
character as agent of the United 
States, upon the termination of the 
war. 

Mr. Mercer hoped that the 
change might be postponed, until the 
next session, at least. The society, 
at present, had not even a corpo- 
rate existence ; and if the counte- 
nance of the government should be 
withdrawn, serious difficulties might 
arise. The expense to which the 
government had been put, did not 
furnish a sufficient reason for the 
abolition of this agency. 

A great portion of that expense, 
had been caused by the difficulties 



incident to the tirst establishment oi' 
a colony, and wouldnotoccur again. 

He would be content to have the 
appropriation limited to $10,000 
annually, and that the agency should 
be converted into a consulate. 

Mr. Sprague reminded the chair- 
man of the committee, (Mr. M'Duf- 
fie,) that he had suggested the dif- 
ficulty, which might arise from the 
want of a corporate existence on 
the part of the society. 

The amendment was finally 
agreed to, and the bill, being sent 
to the senate, became a law. 

In conformity with the policy of 
the government, to place the coun- 
try in a proper state of defence, the 
following sums were appropriated 
for the completion of the forts, 
whose construction had been au- 
thorized. 



Fort Adams, 
Fort Hamilton, 
Fort Monroe, 
Fort Calhoun, 



For 1828. For the 1st qr. 

of 1829. 

180,000 $15,000 
60,000 20,000 
100,000 15,000 
80,000 10,000 



Fort Macon, at Boguo Point, 52,500 10,000 

Fort Jackson, 88,500 16,000 

Fort at Mobile point, 80,000 20,000 

Fort at Oak Island, N. C. 60,000 15,000 

Fortifications at Pensacola, 50,000 20,OCO 

Fortifications at Charleston, 25,000 15,000 

Fortifications at Savannah, 25,000 15,000 

Rc(>aifg and contingencies, 15,000 3,750 
Preservation of islands in 
Boston harbour, 



2,000 



In the senate, an amendment to 
the bill for 1 828, was proposed, ap- 
propriating $50,000 for a fortifica- 
tion at Barrataria. This amend- 
ment caused some discussion be- 
tween Messrs. Smith, Harrison, and 
Johnson, in support, and Mr. Dick- 



I'M 



ANNUAL REGISTER, IS*'* -3-9. 



erson, in opposition to it. This for- 
tification, they alledged, was neces- 
sary for the defence of New-Or- 
leans ; and as it must be made at 
some time, they contended that the 
present was the best time ; inas- 
much as officers of the engineer 
corps, were at New-Orleans, en- 
gaged in the construction of similar 
works ; and the materials for 
their construction, already on the 
ground. 

Mr. Dickerson was opposed to 
commencing any new works, until 
those now constructing were com. 
pleted. 

After much discussion, the 
amendment was adopted, 31 ayes, 
10 nays. 

When the bill was sent to the 
house, for its concurrence to this 
amendment, Mr. M'Duffie object- 
ed to it, on the ground, that to adopt 
it, would be departing from the plan 
recommended by the board of en- 
gineers. According to that plan, 
the proposed fortifications were di- 
vided, according to their degrees of 
importance, into three classes. The 
first, was nearly completed ; the 
second, barely commenced ; and 
this work was in the third class; that 
which it was originally intended to 
postpone until after the completion 
of the others. He was opposed to 
such a total departure from the ori- 
ginal plan, without any adequate 
motive. 

These reasons prevailed with the 
house, notwithstanding a forcible 
appeal on the part of the delegation 



from Louisiana, urging the nupor 
tance of commencing this work ; 
and the amendment was not agreed 
to. The senate then receded from 
the amendment, and the bill became 
a law. 

Congress also appropriated the 
following sums, towards the im- 
provement of the sea coast. 
For building light-houses, $124,700 
For beacons, buoys, spin- 
dles, dec. 10,120 
This act passed without much 
discussion, as its necessity was so 
apparent ; but that which made ap- 
propriations for the improving of 
harbours, and building piers, was 
amended in the senate ; and that 
authorizing the completing the Cum- 
berland road, and making surveys, 
encountered serious opposition. 

By the first of these bills, the 
following sums were appropriated : 
For deepening and improving the 
harbours of Newburyport, Boston 
and Stonington, $139,100 

Repairing the public piers 

in Delaware bay, 4,413 

Removing the obstructions 

in Ocracock inlet, 20,000 
Do Apalachicola river, 3,000 
Do Mississippi river, 50,000 
Do Piscataqua, 8,000 

Do St. John's and St. 

Mary's, in Florida, 13,500 
Do Pascagoula river, 17,500 
Do Pas au Heron, near 

Mobile, 18,000 

Do Black river in Ohio, 7,500 
Do Red river, 25,000 



INTERNAL IMPROVEMENT. 



127 



Surveys of harbours and 

rivers, 2,300 

Erecting a pier and beacon 

in Warren river, 4,000 

The second bill appropriated for 
the completion of the Cumberland 
road to Zaneseville, Ohio 175,000 
To complete other roads, 14,202 
To remove obstructions in 

certain rivers, 27,193 

Erecting piers, 49,789 

Light-house in Delaware, 10,000 
Surveys and examinations, 

under act of April 30th, 

1824, 30,000 

This bill; as at first reported to 
the house, was entitled, a bill mak- 
ing appropriations for internal im- 
provement. When it was first 
taken up in the house, February 
14th, some unimportant amend- 
ments were proposed, which were 
agreed to, authorizing certain local 
improvements. 

The principle of the bill, how- 
ever, was adverse to the opinions 
of a certain class of representa- 
tives, chiefly from the southern 
states. After several attempts to 
obstruct the passage of the bill, by 
members, who declared that they 
believed, that their efforts would 
prove vain against the prevalent 
feeling of Congress, the opposition 
to the exercise of this power, finally 
assumed a consistent form, on a 
motion made by Mr. Drayton, of 
South Carolina. 

On the 26th of February, when 
this bill again came under conside- 



ration, this gentleman moved to 
add to the section appropriating 
$30,000 for surveys, &c. a proviso, 
restricting its expenditure to sur- 
veys of roads already contracted 
for, and of roads and canals for the 
transportation of the mail, and for 
military purposes. 

Mr. Drayton said, that he thought 
this a favourable lime to ascertain 
the sense of the house, on the sub- 
ject of internal improvement. The 
legislatures of Georgia and South 
Carolina had expressed their opi- 
nions, adverse to the exercise of 
this power ; and there were many 
new members of the house, whose 
opinions were not known. 

Mr. D. contended, that the gene- 
ral government was one of limited 
and enumerated powers. The 
power contended for by the advo- 
cates of this system, was discre- 
tionary, and illimitable. This power 
is not to be found, among the enu- 
merated powers in the constitution. 
The power to make post and mili- 
tary roads, he did not deny to con- 
gress ; but this general power he 
did ; and if under the power of 
appropriating money to specific 
objects, this power could be exer- 
cised, there was no limit to the 
powers of the general government. 

He did not believe, that congress 
was invested with any implied 
powers ; but that it did possess all 
that was necessary to carry into 
effect its vested powers. 

Mr. M'Duffie said, that it wa* 



lite 



ANNUAL REGISTER, 1627-8-9. 



under the power of making roads 
for the purposes enumerated by 
his respected colleague, and under 
no other power, that congress had 
appropriated money for construct- 
ing roads. 

Admitting, with his colleague, 
that the government was limited, 
he must, however, deny that any 
of its enumerated powers were 
limited. Congress may declare 
war. The mode, time and object, 
are all left to the unlimited power 
of Congress. The amendment of 
his colleague, would destroy the 
effect of the appropriation. The 
act of 1824, already limited the 
application of this appropriation to 
national objects, and if his col- 
league would not strike out the 
reference to that act, he would 
vote for the amendment. 

Mr. Drayton then withdrew his 
motion, to strike out the words re- 
ferring to the act of 1824. 

Mr. Storrs said, that his opinions 
were formed on broader principles, 
than those adverted to, by the 
gentleman from South Carolina. 

In his view of the constitution, 
'he was justified in voting for light- 
houses, and in some instances for 
canals ; and in all national objects, 
lie thought that the consent of the 
states was not necessary to enable 
the general government t.o act. 

Mr. Sergeant objected to the 
amendment, because it confined 
the application of the money to 
surveys, preparatory to making 



roads of a particular description- 
Who is to judge ? The surveys 
are merely experimental, and the 
executive alone, has a discretiona- 
ry power in directing them. 

He was also against deciding in 
this collateral manner, a question 
of so much importance, and which 
had already twice received the 
sanction of the house, after delibe- 
rate arguments. 

The debate thus commenced, 
was continued on the amendment, 
proposed by Mr. Drayton, until 
the 28th of February, when it was 
negatived. 

It was again renewed by an 
amendment, offered by Mr. Oakley, 
limiting the expenditure of the 
appropriation, to complete surveys 
already commenced. 

He said, that this amendment 
more fairly opened the discussion 
which the house had commenced ; 
and as he perceived an indication 
of a desire to go further into the 
merits of this question, he would 
move an adjournment. This mo- 
tion prevailed, 90 to 69. 

March 1. Mr. Oakley said, that 
he introduced this amendment, with 
the view of putting an end to the 
plan of internal improvement, as 
the same had been conducted un- 
der the act of 1824. He regret- 
ted, that he had already observed a 
disposition to consider this as a 
party question. Such was not his 
design. He thought the present 
administration had nothing to do 



INTERS AL IMPR0VEMEN i . 



with the policy of this plan. It 
originated with the preceding ad- 
ministration ; and those now in 
power had done nothing more, than 
to carry the law into effect, as it 
was their duty to do. 

He did not mean, to consider the 
constitutionality of exercising this 
power, but only the expediency. 

But while avoiding the consider- 
ation of the constitutional ques- 
tion, it would be useful, in refe- 
rence to the question of expe- 
diency, to advert to the nature and 
character of the power, under 
which congress is supposed to 
act, in legislating on the subject of 
roads and canals. 

On the supposition, that congress 
possesses the constitutional power, 
to appropriate the public funds to 
purposes of internal improvement, 
it must be admitted, that it is a con- 
structive power, uncertain, unde- 
fined, and of doubtful character. 
It is so, considered in reference 
to the various sources from which 
it is supposed to be derived, and 
the different views of its advocates, 
as to the extent to which it can be 
exercised. 

The government, he said, was 
of a complicated character. Con- 
sidering your federal and state sys- 
tems, it may be truly said to be a 
novel experiment. The world has 
witnessed many instances of con- 
federacies and independent states, 
in which the power of the confe- 
deracy has operated on the people, 
VOL. JIT. 



through the medium of the local 
authorities ; but we have, in fact, 
two governments, acting directly 
on the same people. Possessing, 
in many instances, concurrent 
powers, they must, of necessity, 
frequently come into conflict. It 
is on account of the danger arising 
from these conflicts, that he had 
considered this experiment in go- 
vernment of doubtful result. It is 
not surprising, that, under such a 
system, men should differ widely in 
their opinions, as to the rightful 
powers of the general govern, 
ment. There must, under our 
constitution, necessarily be many 
powers derived by the construe- 
tion. All cannot be enumerated, 
or expressly delegated. Among 
these powers not enumerated, and, 
of course, undefined and uncer- 
tain, is the power now in question, 
if it exists at all. 

Under such a complicated sys- 
tem, with constant danger of colli- 
sions between the federal and state 
governments, it was the part of 
true wisdom, to legislate, in all 
cases, with great caution and mo- 
deration ; and especially when call- 
ed upon to act under any disputed 
power. 

He also objected, Mr. O. said, 
to the policy of a system of inter- 
nal improvement, under the imme- 
diate agency of the general go- 
vernment, on the ground that it 
would be a fruitful source of jea- 
lousy and collision among the dif- 

17 



\\NfAL REGISTER, 1- 



leieut sections of the union. Al- 
though the objects of the public 
expenditure might be, in some 
sense, national, yet the benefits 
conferred must, in all cases, be 
more or less local and sectional. 
Hence, there was great danger, 
that the time might arrive, when 
such a course of legislation would 
lead to combinations in this house 
of an improper character. Bills 
would be framed, involving local 
interests, to a sufficient extent to 
combine a support strong enough, 
to force them through. 

He did not intend, to mark out 
any definite mode by which the 
distribution should be made. His 
object was, only to suggest that 
some such mode might be adopted. 
Jf there was any doubt, that con- 
gress could distribute its funds to 
the states, to be expended by their 
agency in works of public improve- 
ment, let congress itself expend 
them in the several states, accord- 
ing to some equal and certain rule 
of appointment. Even this would 
avoid many of the evils to be ap- 
prehended, from the continuance of 
the present mode. 

But is there any ground for the 
doubt, that congress does possess 
the power to apportion the public 
money, or lands, or any part of 
them which may be devoted to the 
purposes of public improvement, 
among the states, in the ratio of 
their representation, to be expend- 
ed bv the state authorities ? 



He objected also, Mr. O. said, 
to the principle of the act of 1824, 
on the ground that it violated a 
rule, which ought to govern all our 
legislation, on the subject of the ex- 
penditure of public money the 
rule of specific appropriation. That 
law, in its terms, looked only to 
such public works as were of na- 
tional importance ; but, instead of 
designating the surveys prepara- 
tory to those works, the whole bu- 
siness of the surveys and examina- 
tions was left to executive discre- 
tion. He had been surprised, to 
hear a gentleman from Virginia 
(Mr. Mercer) say, that the charac- 
ter of the intended works, as to 
their national importance, could 
not be determined until the sur- 
veys had been made ; and that con- 
gress could not, therefore, specifi- 
cally designate them. Surely this 
could not be so. It could not have 
required the labours of a corps of 
surveyors, or engineers, to inform 
congress that the road to New-Or- 
leans, or the Chesapeake and Ohio 
canal, would be a work of national 
importance. He had supposed, 
that the surveys and examinations 
directed by that law, were intended 
to ascertain the practicability, and 
probable expense, as well as the 
most eligible route, of the road or 
canal. Their national character 
congress was, at all times, able to 
determine. That body, then, ac- 
cording to his views, ought to have 
directed surveys and examination? 



INTERNAL IMPROVEMENT. 



131 



as to such public works, as they 
might have judged to be of a na- 
tional character. Instead of this, 
an appropriation, indefinite as to 
its objects, was made, and the ex- 
penditure of it left to executive dis- 
cretion. What was the conse- 
quence ? A general rush upon the 
executive seems to have been 
made, by individual members of 
congress, by combinations of mem- 
bers, by governors of states, by 
mayors of cities, and, finally, by 
private canal or road companies 
all pressing for aid, by the govern- 
ment, in the prosecution of such 
objects as they deemed important, 
and seme of which seemed to be 
important only to themselves. 

He contended, that no power, 
and especially that of expending 
the public money, ought ever to 
rest in executive discretion, when 
the mode and objects of the exe- 
cution of the power conld be 
marked out by congress. That 
principle should never be departed 
from ; and it was because he con. 
sidered that the act of 1824 was a 
departure from that salutary prin- 
ciple, that he strongly objected to it. 

Mr. O. said, he further objected 
to the present plan of prosecuting 
the work of internal improvement 
by the general government, be- 
cause he thought a safer and bet- 
ter mode might be adopted, of ap. 
propriating the surplus funds of the 
treasury to that object. If it was 



deemed expedient, to apply any 
portion of the public money, or 
lands, to the construction of ro'ads 
and canals, he was decidedly of 
opinion, that the fund ought to be 
apportioned among the states ac- 
cording to some just and equal 
rule. 

This idea of apportioning the 
funds of the government, for cer- 
tain purposes, among the states, 
according to the ratio of represen- 
tation, is by no means a novel one. 
He only adopted the views, 
which very distinguished men had 
entertained on the subject. The 
house would find, that in 1817 a 
law actually passed both branches 
of the legislature, based upon this 
very principle. It set apart a fund 
for internal improvement, divided 
it among the states in the propor- 
tion of their representation, and 
provided for its expenditure on such 
objects of public utility as the 
states might approve. The princi- 
pie of that law was, indeed, some- 
what more narrow than the one he 
had suggested ; but it was substan- 
tially the same, and it distinctly re- 
cognised the expediency of a dis- 
tribution of the public money ac- 
cording to a certain and equal rule 
of apportionment. The act of 
1817 was returned by the Presi- 
dent, tvith objections, not to its par. 
ticular provisions, but to the gene- 
ral power of congress to pass any 
law of the kintf. This act, Mr. O. 



ANNUAL REGISTER, 1827-8-9. 



said, received in this house the 
support of the most distinguished 
men then belonging to it ; and so 
evident was the justice of the prin- 
ciple iavolved in it, and, he might 
add, so beneficial to the state of 
New- York, that almost the entire 
delegation of that state voted for 
it. And he submitted to his col- 
leagues, whether the interests of 
that state did not now require them 
to adopt similar views. 

This apportionment was within 
the power of congress ; and he 
thought it highly expedient to 
make it. 

Mr. Gorham said, that he con- 
sidered no subject of so much im- 
portance, as the principles upon 
which the revenue of the country 
was collected and disbursed. 

It was not surprising, that some 
instances could be adduced, of de- 
parture from the obvious policy of 
the country. He insisted, that if 
this power exists at all, it is a pow- 
er confided to congress. It is not 
intrusted to the states, to select the 
objects for which disbursements of 
the public money are to be made ; 
congress are to have the power, 
and solely to congress is it intrust- 
ed. It was important, that mere 
metaphysical forms, and nice dis- 
tinctions of power, should not be 
the only objection urged against its 
exercise. The question of consti- 
tutional expediency may be still 
more important. Why are we in- 
trusted with the collection of the 



revenue '/ Although in its compo- 
sition and powers, this government 
is altogether federal, yet it becomes 
a national government, when these 
powers are put in action. With a 
slight exception as to the judiciary, 
it is national, general, and direct, 
when these powers are in action, 
not necessarily recognising the 
states in that character, either as 
objects or agents of its power. 
Whence can we derive the power 
to collect taxes, and then distribute 
the revenue, not according to the 
wants of the states, but in the ratio 
of their population ? You are bound 
to distribute it with a view to the 
general welfare ; but how do you 
do this, if you are to adopt as the 
rule of distribution, the ratio of po- 
pulation ? 

Again, you intrust the disburse- 
ments, according to the plan of the 
gentleman from New- York, to 
agents who are both irresponsible 
and irremovable. In the ordinary 
disbursements of the government, 
you appoint agents who are respon- 
sible, and you are bound to do so, 
from the nature of the power which 
the people have intrusted to you. 
The states, as agents, cannot be 
made so. They would only laugh at 
you, if you attempt to make them so. 
If the states ask for appropriations 
to make roads and canals ; may they 
not also ask, and receive them, for 
the purposes of education, or any 
object for which money is wanted I 
Is there any limitation, to the power 



INTERNAL IMPROVEMENT. 



133: 



in this respect? Afteryou have com- 
menced this operation of distribu- 
tion, you will create a disposition in 
the states, to come here for the pur- 
pose of supplying their local wants ; 
which will lead them to curtail their 
own taxes, and transfer their bur- 
dens from their own citizens, to 
those of the union. 

Again, in what ratio can this dis- 
tribution be made ? The bill refer- 
red to, distributed the bank bonus, 
and dividends of the bank stock, in 
the ratio of representation ; but such 
a rule could not last long. Every 
man from the non-slaveholding 
states, would raise his voice against 
such an apportionment. It is the 
white population, which pays the 
revenue of the country. There is 
not a man from the non-slavehold- 
ing states, who will not be driven 
by his constituents, to vote against 
this principle. It is from them, that 
the revenue of the country is deri- 
ved. He did not intend to find fault 
with the post-office expenditures. 
He did not complain, of the ordina- 
ry expenditure of the government. 
The whole of the duty on tea, was 
raised north of this place. So too as 
to imported spirits ; the citizens of 
the north, pay nearly all the tax, 
and a very great portion of the tax 
on coffee. One thousand of the 
citizens of New-England, pay twice 
the amount of tax paid by the same 
number of the south and west of 
this place. When you come to di- 
vide the money, do you suppose 



then, that you could assume the ra- 
tio of representation ? The consti- 
tution says, direct taxation, and re- 
presentation, shall go together ; but 
nine tenths of the public revenue, 
is derived from indirect taxation, 
and is almost exclusively paid by 
the white population. He saw in 
this principle, which had been now 
advanced, the source of the most 
agitating questions. The old Mis- 
souri question, stormy as it was, 
would be but as a gentle breeze, in 
comparison with it. Before we 
should have done with it, it might 
end in the total dissolution of the 
union. When, therefore, he heard 
a gentleman of the high rank and 
standing of the member from New- 
York, advocate such a doctrine, he 
felt it to be his duty to make a solemn 
protest against it. 

Mr. Storrs concurred with his 
colleague, that the opposition of this 
bill could not be treated as an at- 
tack on the administration. It was 
attempted, at the last session, to 
check the grant of this power, on 
the ground that some great abuses 
had been practised by the present 
administration. He referred to the 
resolutions offered at a former 
session, in 1819, on the subject of 
a general system of internal im- 
provement, which went farther 
than any motion which had ..been 
subsequently brought before con- 
gress. One of the resolutions, the 
chief one, was carried by a vote 
of 75 to 57 ; and the gentleman 



134 



ANNUAL REGISTER, 1827-8-9. 



from South Carolina, since de- 
ceased, (Mr. Lowndes,)had voted 
in their favour. He adverted to 
the resolution, which was the ori- 
gin of the present measure. The 
work of the engineers was per- 
formed very loosely until 1824, 
when the act was passed, authori- 
zing the Executive to adopt a sys- 
tem in the employment of this 
corps. 

He asked, how it was that this 
measure was discovered to carry 
with it such tremendous power, 
within the last twelve months, and 
not before ? How is it now found 
out, that the appropriation of 80,000 
dollars is sufficient to corrupt the 
American people. It had been 
said this was a doubtful power. 
He presumed it was intended that 
the power was doubtful, because it 
was denied. But he contended, 
that a power, denied by a minority, 
could not be regarded a doubtful 
power. It is doubtful to those 
who doubt it. But he deemed it 
too mueh to contend that it is 
doubtful in any other view. He 
adverted to the bank charter, the 
power to give which, was denied 
yet he did not suppose the power 
was now to be regarded as doubt- 
ful. He said, that precedents 
have force. When a question had 
been settled after discussion, and 
had been acquiesced in, and acted 
on by successive executives, he 
did not see how it could be re- 
garded as doubtful. There must 



be some period, when the power 
must be considered as settled. 
He was glad, that his colleague 
had not expressed any disbelief of 
the doctrine, that congress pos- 
sesses the power ; yet his propo- 
sition is as fatal in its operation, as 
though it was against it. He de- 
sires to stop the system at this 
point. The question is, whether 
we shall abandon this system ? 
That is the effect of the proposi- 
tion of his colleague, and the effect 
and drift of his argument. If the 
motion should prevail, his col- 
league had effected his object. 
No system will ever be commen- 
ced again. We have no power to 
divide the public revenue among 
the states, in any ratio, to be ex- 
pended by those states, through 
their own agents, and for their 
own benefits. He considered, that 
to do this, would be to retrocede 
our powers as the legislature of 
the union. The powers are to be 
exerted by ourselves ; and he 
would as soon transfer the treaty- 
making power as this. He consi- 
dered it extremely dangerous to 
abate, in any degree, the power of 
disbursing the money of the union, 
which is intrusted to us. 

As to the moral effect of the 
proposition, he said, his colleague 
had stated, that this very bill was 
so drawn up as to combine various 
interests. The argument of his 
colleague had another tendency, 
and that was to rouse the discon- 



INTERNAL IMPROVEMENT. 



tented and avaricious feeling of 
those states, which have not parti- 
cipated in this system. It addresses 
itself, also, to popularity, and can- 
not fail to produce some effect. 
He referred to the origin of this 
measure. His colleague would find, 
by reference to the act of 1817, 
that it only authorized the com- 
mencement of such works as con. 
gress might designate. In that 
act, the constitutional question is 
still retained, because no state can 
carry it into effect without the con- 
sent of congress. His colleague, 
therefore, could not produce that 
act, to destroy any of the argu- 
ments or propositions which he 
(Mr. Storrs) had laid down. He 
adverted to the report of the com- 
mittee on the New- York applica- 
tion, to show that there the power 
of congress to make roads and ca- 
nals was admitted. 

The argument derived from the 
idea, that this measure will lead to 
local jealousies, is too narrow. It 
ought rather to be, whether these 
jealousies are rational. He gave 
credit to the American people for 
the existence of a spirit and feel- 
ing, too national in its character, to 
permit the operation of such feel- 
ings as he had apprehended, to any 
mischievous extent. He stated, in 
reference to New-York, that there 
is not a canal which can be opened, 
which does not pour wealth into 
that great emporium. The people 



of New- York understood this, and 
his colleagues understood this. 

Another reason assigned was, 
the want of accountability, under 
the present system. This is an 
argument which always existed; 
why has it not been discovered be- 
fore now ? It has been, indeed, 
long since discovered, that in all 
disbursements, there must be some 
waste. 

As to the objection, that this was 
a departure from specific appropri- 
ations, he said, that it was impossi- 
ble to make the appropriations spe- 
cific, because we want the prepa- 
ratory information which these sur- 
veys are to supply, to enable us to 
decide what objects are to be exe- 
cuted. We now do no more than 
to call on the department which pos- 
sesses the means, to furnish the in- 
formation ; and we give an appro- 
priation, to enable them to comply. 

Mr. M'Duffie expressed his be- 
lief, that nothing which could be 
said could change the vote of the 
house. He would refrain from an- 
swering the gentleman from Mas- 
sachusetts, or he could demonstrate 
that 2,000,000 of the white inha- 
bitants of the south pay one half 
of the whole revenue of the Uni- 
ted States. 

The proposition is, whether we 
will restrict the appropriation to 
the surveys commenced. He was 
opposed to it, because we do not 
know the character of the surveys 



ANNUAL REGISTER, 1827-3-U. 



which have been executed, which 
have been completed, or which 
have been commenced. We have 
entered into the system, and many 
of the most important objects, 
among which he specified the 
Chesapeake and Ohio canal, are 
not yet touched. If we are to re- 
strict the appropriation, he would 
restrict it to national objects, or 
arrest the work altogether. If the 
system is to be carried through, 
and, having gone so far, it would 
not be wise to stop it near the close 
of the journey, we should go on 
as we have begun. As to the act 
of 1824, it was distinctly ascer- 
tained, that if we attempt to re- 
strict the surveys to national ob- 
jects, we must break up in inter- 
minable confusion, or adopt the 
suggestion of every separate mem- 
ber. 

The debate was further conti- 
nued by Mr. Barney, in opposition to 
the amendment, and Mr. Hoffman, 
in its favour, until the adjournment 
of the house, to Monday, March 3d. 
On that day, the house postponed 
the further consideration of the bill, 
and took up the tariff. 

On the 7th of March, the discus- 
sion was again resumed, when 
Messrs. Gilmer, Kremer, Weems, 
and Randolph, expressed their opi- 
nions against the whole plan ; and 
Messrs. Marvin, and Whipple, par- 
ticipated in the debate. The ques- 
tion being finally taken, on Mr. 



Oakley's amendment, it was re. 
jected ayes 72, nays 100. 

The section then was adopted 
ayes 111, nays 60. 

March 8. The bill was passed, 
ayes 124, nays 57, and sent to the 
senate, for concurrence. 

In that body, several amendments 
were proposed by the committee 
on finance, to whom it was referred. 
These amendments came under 
consideration, on the 8th of April. 

The first amendment, which was 
to reduce the appropriation for a 
road from Detroit, to Chicago, from 
$9,500, to $6,500, was agreed to. 

The next amendment was to con- 
fine the appropriation for surveys, 
to completing the surveys already 
commenced. 

Mr. Smith said, that he was 
directed to offer this amendment, 
by the majority of the committee. 
The bill, as it now stands, author- 
izes an appropriation of $30,000, 
to be applied in defraying the inci- 
dental expenses of making exami- 
nations and surveys, now carrying 
on under the act of 80th April, 1824 ; 
and no part thereof, is made appli- 
cable to such surveys, examinations, 
rail roads, or improvements, as may 
be applied for, by other states of the 
union'. 

Mr. Johnston, of Louisiana, was 
opposed to this amendment ; first, 
because the question was debated, 
and investigated by the other house, 
and, after full debate, sent in its 



INTERNAL IMPROVEMENT. 



131 



present shape, to the Senate. Ano- 
ther cause is, that it will give rise to 
further discussion in the other house, 
if the amendment is adopted. In 
addition to these considerations, 
Mr. Johnston was opposed to it for 
other reasons. Heretofore, it was , 
in the power of the secretary of 
war, to cause such surveys to be 
made, as were found necessary for 
general improvements. It is now 
sought, to limit these surveys. In 
Mr. Johnston's state, they are at a 
great distance from the aid of en- 
gineers, and look to the general 
government for aid. 

The surveys of Dunkirk and Os- 
wego harbour, in the state of New- 
York, Pittsburgh, Presque Isle, 
Ashtabula Creek, and various oth- 
ers, have been completed ; with re- 
gard to the new states, nothing has 
been done. It was not because their 
necessities were less urgent, that 
they have not applied ; and now that 
the appropriation is made, we are ex- 
empted, because it is alleged, a corps 
of engineers must be distributed 
throughout the states. It is not ne* 
cessary to send an entire corps ; 
one man is sufficient to examine, in 
the first instance. Instead of taking 
the entire course, by different sur- 
veys, one grand survey along the 
coast, would effect the object ; by 
dividing your engineers throughout 
the country, you alarm the public. 
Mr. Johnston knew of no great 
work, that was not already com- 
pleted ; and wished those states, 

VOL. III. 



which were not already surveyed; 
should have the benefit of the ap- 
propriation. The new states should 
also have the benefit. We are 
obliged to forego our rights, until 
the time is over, when, by a proper 
appropriation of this sum, every 
state can be surveyed. No con- 
stitutional limit, to exclude these 
new states, should now be sought, 
when the sense of the house has 
been already taken on the subject; 

Mr. Webster inquired, what were 
the grounds upon which this amend- 
ment was recommended. 

Mr. Parris said, that it was on 
the ground, that to commence new 
surveys, would require an augmen- 
tation of the engineer corps ; and 
the committee thought it much bet- 
ter to complete the surveys already 
commenced, than to be compelled 
to increase that corps, in order to 
gratify the desires of all parts of the 
country. He was not opposed to 
the law of 1824; and he had nq 
objection to send the engineers 
wherever they were required ; but 
considered it better to relieve the 
department, and oblige the com- 
pletion of the performance of those 
surveys now carrying on, before 
others should be commenced. 

Mr. Webster opposed the amend- 
ment. He would prefer a direct 
proposition to repeal the act of 1824, 
He was in favour of the entire act of 
1824. The money was better laid out 
under that act, than under any other 
ever passed, It was our good fortune 
18 



AiXiNtAL REGISTER, 18^7-b-J'. 



to live in a time of profound peace. 
Improvement was the peculiar work 
of peace. We now pay $30,000 a 
year for knowledge of ourselves, of 
our country, and its resources. We 
would not hesitate, to appropriate 
this sum to some great fortification. 
He would leave it to any man to 
say, whether it was not an object of 
the greatest importance, that we 
should obtain a correct knowledge 
of every part of our country; that 
we might know what could be made 
of it. We have an excellent board 
of engineers, originally created for 
military purposes, but whose skill 
can be of avail in time of peace. 
If the number of engineers was too 
small, he was willing to augment it. 
They could not be better engaged, 
than in making surveys and exami- 
nations. It was said, that they were 
sent to the assistance of states and 
corporations. This he could not 
view as improper. It was said, 
that several surveys had been 
made for the same object. How 
was the route of a road or canal to 
be determined, without bringing 
into comparison different routes? 
When the whole was seen, it could 
be determined, whether the road or 
canal was practicable, and which 
was the least expensive route. Mr. 
W. could see no propriety in saying 
we will go through with what we 
have before us, and then, for the 
present, we will stop. He thought, 
it would be better to repeal the act 
of 1824 altogether, than to adopt 



the amendment. These surveys he 
considered, as being intimately con- 
nected with the public prosperity. 
No one could look about this coun- 
try, without seeing, that in the last 
four years a new impulse had been 
given to internal improvement, and 
to national prosperity, by the ope- 
ration of the law of 1824. Hereafter, 
on a proper occasion,with very close 
attention to the means of the trea- 
sury, he hoped the government 
would yield its aid, to effect such im- 
provements as were truly national. 
Mr. M'Lane said, that so far as 
he understood the subject, the 
amendment met his views. He did 
not coincide with the suggestion of 
the senator from Massachusetts, 
that it was better to bring forward a 
direct proposition to repeal the act 
of 1824, than to adopt the amend- 
ment. He was as much in favour 
of the act of 1824, as any member 
of this body. In the other house, 
he had the honour to bear a part, 
though an humble part, in framing 
that law. He remembered the op- 
position it encountered, and the 
struggle which ensued. The bill 
was discussed at great length ; and 
the chief objections made to it were 
grounded, on the impropriety of 
extending its operations to local 
objects ; and it was insisted by the 
friends of the bill, that its objects 
were exclusively national, con- 
nected with national defence, and 
with the transportation of the mail. 
It was not intended by the framer* 



INTERNAL IMPROVEMENT. 



of the act, that any part of the ap- 
propriation under it should be de- 
voted to local objects in states, 
counties, or corporations. So far 
from its being the object of the 
committee to repeal the act of 1824, 
they only wished to bring it back to 
its original objects. From the pas- 
sage of the act down to this period, 
not a single survey had been com- 
pleted. The surveys authorized, 
were not only begun, but it was not 
in the power of the corps to com- 
plete them. 

The object of the committee of 
finance was simply to arrest this 
course. He was not disposed to 
withhold assistance from any state. 
He was willing to send the corps 
to the assistance of any state or 
corporation ; but he thought it right 
that their expenses should be de- 
frayed by the state. Although in 
favour of the general principle of 
internal improvement, and willing 
to go to a great extent in the pro- 
motion of it, yet he thought that 
those objects which were national, 
were very few; and, in his opi- 
nion, by transcending the limits of 
our powers, we created a reaction 
of sentiment in the country, which 
ultimately would put down internal 
improvement. No one could have 
noticed public sentiment, for the 
last five years, without perceiving 
that a strong reaction of feeling on 
this subject had taken place. The 
measures of the government had 
been in advance of public opinion : 



they had gone infinitely beyond it. 
The consequence was a reaction. 
Sir, said Mr. M'Lane, I avow it 
here, that it is necessary to bring 
the government back to its consti- 
tutional limits. He supported the 
amendment, not because he was 
opposed to the act of 1824 ; but be- 
cause he wished to complete, what 
was already begun. 

Mr. Webster spoke at some 
length, in reply to the remarks of 
the senator from Delaware. The 
argument of the gentleman was, 
that the appropriations under the 
act had been applied to local ob- 
jects ; and, therefore, it was neces- 
sary to complete these local sur- 
veys, before any others were com- 
menced. That reasoning did not 
carry conviction to his mind. It 
occurred to him, that this was a 
singular mode of bringing the go- 
vernment back to the principle of 
the act of 1824. What, said Mr. 
W., is an exclusively national or 
local road or canal ? An improve- 
ment not a mile long, might be as 
national as the Cumberland road. 
What makes the Chesapeake and 
Delaware canal national? It 
touches but two states. What 
gives a national character to the 
Raritan canal ? It is confined to 
one state. Whether an improve- 
ment were local or national, was 
to be decided by reference to its 
importance, not to its locality. It 
was national, if it was for the good 
of the whole country. Sir, we 



\NM A I. REGISTER, 1 827-8-*. 



granted land to the state of Ala- 
bama for imprbving the navigation 
of a river. The object was na- 
tional, or he would not have voted 
for it. Though the citizens of 
Alabama derived greater benefit 
from it, from their locality, than 
other citizens, yet it was a benefit 
to the whole country. He recog- 
nized no distinction between the 
appropriation of land, and of mo- 
ney. Ppth were alike public pro. 
perty, 

Mr. M'Lane said, in rejoinder, 
that the senator from Massachusetts 
supposed his argument, in reference 
to the application of money to local 
objects, was not pertinent. The 
argument of the senator from 
Massachusetts was good, but his 
conclusion was wrong. Congress 
could not arrest abuses begun, and 
in progress, but it could prevent 
their recurrence. The committee 
would have arrested all the local 
surveys in progress ; but they would 
not do this, for the reason, that ex- 
penses had already been incurred 
in relation to them, and some of 
the engineers were actually em- 
ployed upon them. He consider- 
ed, therefore, that his reasoning 
was entirely pertinent. Whether 
any particular items in the list 
were local, was a question of some 
delicacy. It would be thought 
invidious, to point at any one ob- 
ject as local ; and, in doing it, he 
should encounter the ppposition of 
those gentlemen, who represented 



the different states, in which aucu 
survey might have been ordered to 
be made. Mr. M'L. here alluded to 
some small survey made for a 
canal in Vermont, as a local ob- 
ject ; and to the Delaware break- 
water, as a national object. If 
permitted to go into an examina- 
tion, he should say that the surveys 
made in Maine and New-Hamp- 
shire were wholly local ; although 
he knew that it was very probable 
that gentlemen better acquainted 
than himself, with the localities of 
these surveys, might be of a dif- 
ferent opinion. 

The debate was continued the 
next day by Messrs. Johnson, 
M'Lane and Hayne ; and on a di. 
vision there appeared to be an equal 
division of the senate 21 in favour, 
and 21 opposed to the amendment. 
The Vice President then gave his 
casting vote, in favour of adopting it. 

April Wth. Mr. Benton moved, 
to strike out the appropriation for 
continuing the Cumberland road ; 
negatived ayes 18, noes 29. 
After adopting some other unim- 
portant amendments, the question 
recurred on the passage of the bill ; 
but on motion of Mr. Smith, of 
South Carolina, the senate adjourn- 
ed to the next day, when Mr. S, 
spoke at length against the consti- 
tutionality of the power. The vote 
being at last taken on the bill, it 
passed 22 ayes, 10 nays ; and 
was sent to the house for its con- 
currence to the amendments, and 



MILITARY APPROPRIATIONS. 



to au alteration in the title of the 
bill, expressing the particular im- 
provements which were authorized. 

The house, however, refused to 
c '>)icur in the amendment, limiting 
the appropriation for surveys by a 
vote of 70 ayes, 98 nays ; and also, 
to the alteration in the title of the 
bill 76 ayes, 78 nays. 

The senate insisting on these 
amendments yeas 24, nays 23, a 
conference was asked by the house ; 
and managers being appointed on 
the part of each branch, they re. 
ported in favour of the house re- 
ceding from its vote on the amend- 
ment of the title ; and a modifica- 
tion of the section appropriating 
$30,000, for surveys, by adding a 
proviso, that the appropriation 
shall not be construed into a legis- 
lative sanction of any surveys 
Avhich shall not be deemed of na- 
tional importance, or within the 
provisions of the act of 1824. 

This report was agreed to, in 
the senate yeas 27, nays 12 ; and 
the house also agreeing thereto, 
the bill received the sanction of 
the president, and became a law. 

A bill was also introduced into the 
senate, which ultimately became 
a law, appropriating $250,000 for 
constructing a breakwater, near 
the mouth of the Delaware bay. 

The construction of a military 
road, in Maine, from the mouth of 
the Matanawcook river, to Mars hill, 
was also authorized ; and $15,000 
appropriated for that purpose. 



A subscription of $1,000,000 was 
authorized to the stock of a com- 
pany, incorporated by the states of 
Maryland and Virginia, to make a 
canal from Chesapeake bay, to the 
Ohio river. 

A quantity of the public land 
was granted, to aid the state of 
Ohio, in making a canal from Day- 
ton to Lake Erie; and 400,000 
acres were granted to the state of 
Alabama, to be applied to the im- 
provement of the navigation in the 
Tennessee river. 

Various other bills were intro- 
duced for the internal improve- 
ment of the country, but they did 
not become laws. 

The military appropriation bill 

for 1828, was first taken up in the 

house, on the 16th of February. 
By this bill, the following appro. 

priations were made, viz. 

For pay of the army, 
and subsistence of of- 
ficers, including the 
military academy, $1,056,307 

Subsistence and forage, 258,128 

Clothing for servants of 

officers, &c. 19,770 

Recruiting service, 37,511 

Purchasing department, 
and for woollens, 
bought for 1829, 198,377 

Medical and hospital de- 
partment, 25,500 

Quarter-master Gene- 
ral's department, 387,231 

Averages in do. 42.000 



ANNUAL REGISTER, 1827-8-9. 



Fuel, stationary, &c. 

for military academy, 32,235 
Expenses of board of 
visitors at military 
academy, 1,500 

National armories, 360,000 

Current expenses of ord- 
nance service, 65,000 
Arsenals, 87,300 
Contingencies of army, 10,000 
Arrearages of 1827, 38,077 
Arrearages prior to 1815, 10,000 
Claims of militia of Illi- 
nois and Michigan, on 
occasion of recent In- 
dian disturbances, 40,000 
Certain sums re-appropri- 
ated, 80,782 
A further appropriation of one 
hundred thousand dollars was 
made, by a subsequent bill, for the 
armament of fortifications. $50,000 
were also appropriated by a subse- 
quent bill, for erecting an arsenal 
near Mobile. 

When the military appropriation 
bill came up in the house, strenu- 
ous opposition was made to the 
item of $1500, for the board of 
visiters at West Point. Mr. Kr6- 
mer said, the board was entirely 
useless. Its members were gene- 
rally destitute of all military talent; 
and all they had to do, was to sign 
a report, prepared for them. 

Mr. M'Duffie stated the practice 
of the department, which was to 
pay the expenses of scientific men, 
who were requested to visit the 
institution; and he thought such 



an annual supervision of the in- 
stitution useful in its tendency. 
Much unnecessary debate ensued, 
rather from a hostility to the insti- 
tution itself, than from any specific 
objection to this allowance ; but 
the house finally sanctioned it, 
without a count. Some discussion 
also ensued at a subsequent day, 
February 21st, on an item, autho- 
rizing the erection of additional 
buildings at West Point ; but the 
house sustained it ayes 102, nays 
84. The bill then was passed, 
and sent to the senate, where it 
was amended, by some unimport- 
ant addition, which was concurred 
in by the house, and it became a 
law. 

By the bill subsequently intro- 
duced, making appropriations for 
the first quarter of 1829, the foU 
lowing sums were appropriated : 
For pay of the army, and 

subsistence of officers, $264,076 
For forage of officers, 10,032 

For clothing of servants 

of do. 4,942 

For recruiting service, 13,000 
For subsistence depart- 
ment, 54,200 
For purchasing do. 44,594 
For medical do. 6,000 
For Quarter-master Ge- 

neral do. 85,220 

For Military Academy, 3,000 

For contingencies of ar. 

my, 2,500 

For national armories, 90,000 
For ordnance service, 16,250 



TREASURY REPORT FOR 1829. 



143 



For armament of fortifi- 
cations, 25,000 
The appropriations for 1823, for 
the Indian department, which is a 
branch of the war department, 
were, 
For superintendent and 

Indian agents, 46,100 

For presents to Indians, 15,000 
For contingent expenses^ 95,000 
For expenses of aiding 
the emigration of the 
Creeks, 50,000 

For appropriation to ex- 
tinguish the Indian title 
within Georgia, 50,000 

For refunding to North 
Carolina moneys paid 
for do. within that state, 22,000 
For additional contingen- 
cies, growing out of the 
removal of Indians, 25,124 
To carry into effect sub- 
sisting treaties, 233,494 
The sum of $15,000 was also 
appropriated, to defray the expen- 
ses of the delegations of the Choc- 
taw, Creeks, Cherokee, Chicka- 
saw, and other tribes, in exploring 
the territory beyond the Mississip- 
pi, with the view of emigrating. 
An animated discussion took place, 
during the consideration of these 
bills, in relation to the general po- 
licy of the government towards 
the Indians, of which an account 
has been given in chapter 3. 

A dispute also took place be- 
tween the senate and the house, in 
relation to the appropriations for 



the extinguishment of the Indian 
title in North Carolina. This, how- 
ever, was adjusted, by the house's 
accepting of the amendment of the 
senate, appropriating $22,000; and 
the senate receded from the other. 
The appropriations for the public 
buildings were, 
For completing the work about the 

same, $60,782 

For penitentiary and jail, 

in District of Columbia, 24,087 
For fire engine and house, 3,000 
For an additional building 

for post-office, 12,000 

For custom-houses and 

ware-houses, 38,800 

The annual report of the Secre- 
tary of the Treasury to congress, 
at the 2d session, on the state of 
the finances, showed the following 
results : 

The actual receipts from all sour- 
ces, during the year 1827, amount- 
ed to $22,966,363 96 cents, which, 
with the balance in the treasury on 
the 1st of January of that year, of 
$6,358,686 18 cents, gave an ag- 
gregate of $29,325,050 14 cents. 
Of the sum received as above, du- 
ring 1827, the customs yielded up- 
wards of $19,500,000, and the 
sales of the public lands nearly 
$1,500,000. The expenditures of 
the United States, for the same 
year, amounted to $22,656,764 04 
cents ; leaving a balance in the 
treasury, on the 1st of January, 
1828, of $6,668,286 10 cents. 



144 



ANNUAL REGISTER, 1827-8-1). 



The actual receipts, during the 
three first quarters of 1828, amount- 
ed to $18,633,580 27 cents; 
and those of the fourth quar- 
ter, $5,461,283 40 cents; ma- 
king the total receipts, for 1828, 
$24,094,863 67 cents ; which, add- 
ed to the balance in the treasury, 
on the 1st of January, as above 
stated, gave an aggregate of 
$30,763,149 77 cents. The ex- 
penditures of the three first quar- 
ters of the year, were estimated 
at $18,244,907 91 cents ; and 
those for the fourth quarter, at 
$7,392,603 72 cents ; making for 
the whole year, $25,637,511 63 
cents. This expenditure included 
upwards of $12,000,000 on ac- 
count of the debt, and left in the 
treasury, on the 1st of Janua- 
ry, 1829, an estimated balance of 
$5,125,638 14 cents. This ba- 
lance was subject to the appro- 
priations of moneys for the ser- 
vice of 1828, not yet called for, a 
sum estimated at $3,500,000 ; and 
included the $1,000,000 in funds, 
not effective. 

The receipts into the treasury, 
during the last four years, amount- 
ed to $97,957,559 86 cents. The 
expenditures, during same period, 
$95,585,518 85 cts. Importations 
during same period, $350,202,569. 
Export aliens, $337,202,426. 

There was paid, in 1825, on ac- 
count of the debt, the sum of 
$12,099,044 78 cents. In 1826, 
there were paid $11,039,444 60 



cents, all from surplus revenue : 
in 1827, $10,001,585 98 cents ; 
and in 1828, $12,163,566 90 
cents, making for the four years, 
$45,303,642 26 cents. Of this 
sum, $30,373,188 01 cent, was 
applied to the principal ; and 
814,930,454 25 cents to the inte- 
rest of the debt ; the whole of the 
former having gone towards the 
reduction of that part of it, which 
bore an interest of six per cent. 

The total sum paid on account* 
of the debt from the first of Ja- 
nuary, 1817, the year in which the 
sinking fund act passed, to the 
first of January, 1829, amounted 
to $ 146,669,773 48 cents. Of 
this sum, $88,834,108 66 cents, 
were paid on account of princi- 
pal, and $57,835,664 82 cents 
on account of interest. The ex- 
tra payments on account of the 
principal, comprehended sums ob- 
tained on loan at a lower interest 
than six per cent, to replace stock 
paid off at that interest, and sums 
that had accumulated in the trea- 
sury in 1817, partly under the ef- 
fect of the double duty system, be- 
fore the prospective operation of 
the act began. The national debt 
was positively lessened in amount 
by the sum of -65,129,829 38 
cents, since the 1st of January, 
1817, by surplus funds. The 
whole of this last mentioned sum, 
so paid off, was borrowed at six 
per cent, or more than six, with 
the exception of a small amount 



APPROPRIATIONS FOR 18-29. 



14 f. 



of treasury notes, and some Mis- 
sissippi stock. The whole remain- 
ing debt of the United States, 
on the first of January 1829, 
will be, in its nominal amount, 
$58,362,135 78 cents. But from 
this amount should be taken 
$7,000,000, being so much of ap- 
parent debt only, in the shape of 
subscription to the stock of the 
bank of the United States ; the go- 
vernment owning a like sum in the 
stock of the bank, upon which divi- 
dends are punctually paid. Of the 
sum that remains, viz. $51,362,135 
78 cents, the old revolutionary three 
per cents, constitute more than 
$13,000,000. Assuming its sta- 
ted appropriation of $10,000,000 
to be forerun in the same propor- 
tion in future years as it has been 
in 1828, the debt will, in effect, be 
totally paid off, in little more than 
four years. 

At the second session of the 
twentieth congress, the appropria- 
tions for the public service did not 
occasion much discussion. The 
excitement of the presidential elec- 
tion was followed by a reaction 
in the public mind ; and the inte- 
rest felt by the members in the 
arrangements for organizing a new 
administration, left but little incli- 
nation, for a critical examination 
of the estimates for the ensuing 
year. 

The following appropriations 
were made by a separate act, for 

VOL. in. 



the support of the government for 

the first quarter of 1829 : 

For the expenses of con- 
gress, library, and 
Vice-President's sa- 
lary, 467,735 

For salary of President, 6,250 

For expenses of execu- 
tive department, inclu- 
ding expenses of ter- 
ritorial governments, 149,028 

For expenses of judicial 

department, 60,250 

For expenses of diploma-^ 

tic intercourse, 32,625 

For expenses of pensions, 512 

For expenses in support 

of light-houses, &c. 42,000 

For expenses in relief of 
American seamen in 
foreign countries, 6,250 

By a subsequent bill, the follow- 
ing appropriations were made, for 

the residue of the-year 1829 : 

For the expenses of the 
legislative department, 
including salary of 
Vice-President, and 
expenses of congres- 
sional library, 61,012 

For expenses of the ex- 
ecutive department, in- 
cluding the expenses 
of territorial govern- 
ments, 664,387 

For expenses of the judi- 
cial department, 184,950 

For expenses of diploma- 

tic intercourse, 118,875 

For pensions, 1,1235 

19 



; It. 



V.N ,\ I .M , It \](i\ STER, 1827-8-9. 



For support of light- 
houses, &c. 139,468 

For relief of American 

seamen, 13,750 

For expenses of public 

lands, 94,000 

For miscellaneous claims, 12,000 

For expenses of taking 

fifth census, 350,000 

For claims of late inhabi- 
tants of Florida, 3,1 16 

For purchase of Digest of 

U. S. Laws, 3,000 

The appropriations for the revo- 
lutionary, and other pensioners, 
for the residue of the year 1829, 
amounted to $531,497. 

The appropriations for the naval 

service, for the residue of 1829, 

were : 

For pay, subsistence, and 

provisions, $1.405,747 

For pay of superintend- 
ents, naval construc- 
tions, &c. at navy 
yards, 44,777 

For repairs and improve- 
ments at navy yards, 178,750 

For repairs of vessels, 356,250 

For medicines and hospi- 
tal stores, 20,250 

For ordnance and ord- 
nance stores, 37,500 

For enumerated contin- 
gencies, 195,000 

For non-enumerated do. 3,750 

For expenses of trans, 
porting shipwrecked 
Africans to Africa. 16,000 



For sums unexpended, re- 

appropriated from the 

surplus fund, 205,6o4 

To the naval hospital 

fund, 125,000 

The appropriations for fortifying 
the coast were, for the residue of 
1829, as follows : 

For fort Adams, $85,000 

For fort Hamilton, 80,000 

For fort Monroe, 85,000 

For fort Calhoun, 90,000 

For fort Macon, 50,000 

For fort at Oak island, 47,834 
For fort at Mobile point, 80,000 
For completing the bat- 
tery at Bayou Bien- 
venue, 6,448 

For fortifications at 

Charleston, 60,000 

For fortifications at Sa- 

vanah, 60,000 

For fortifications at Pen- 

sacola, 55,000 

For sea wall in Boston 

harbour, 7,310 

For repairs and contin- 
gencies, 59,637 

The appropriations for 1829, for 
light-houses, beacons, and im- 
proving harbours, &c. were : 
For building light-houses, $94,000 
For beacons, buoys, &c. 19,577 
For surveying harbours, 2,900 
For improving do. and 

rivers, 176,097 

Additional appropriations 



MILITARY APPROPRIATIONS FOR 1829. 



141 



$33,000 



3,000 



30,000 



vnaue lor the improvement of 
other harbours and rivers by a sub- 
sequent act, amounting to $105,003, 
for inland rivers, and lake har- 
bours ; and $24,490, for Savannah 
river. 

The sums appropriated for in- 
ternal improvements were : 
For three roads from De- 
troit, 
For a military road in 

Florida, 
For surveys under the act 

of 1824, 
For continuation of Cum- 

berland road, 
For repairing do. 

Subscriptions were authorized 
to the stock of the following canal 
companies, viz. 
Chesapeake and Delaware, 
Dismal Swamp, 50,000 

Louisville and Portland, 135,000 

The appropriations for the mili- 
tary service, for the three quarters 
of 1829, were, 
For pay of army, and sub- 
sistence of officers, $793,980 
For subsistence, and fo- 
rage, 

For unexpended balance 
for subsistence and fo- 
rage, 

For clothing of servants, 
and military academy, 
For recruiting service, 
For unexpended balance 

of recruiting service, 
For purchasing depart- 



312,548 



25,000 

14,828 
29,309 



inent, and woollens, for 

1830, 83,569 

For materials on hand, 80,000 

For medical and hospital 

department, 11,000 

For materials on hand, 8,000 

For Quarter-master's de- 
partment, 258,780 

For military roads, 48,932 

For military academy, 22,257 

For expenses of board of 

visiters, 1,500 

For expenses for board of 

visiters in 1827, 1,168 

For contingencies of ar- 

my, 7,500 

For armories, 270,000 

For armament of fortifica- 

tions, 75,000 

For current expenses of 

ordnance service, 50,950 

For arsenals, 98,000 

For arrearages, between 

1815 and 1818, 1,500 

For Illinois militia, 1827, 857 

For sums re -app ropriated, 98,561 

For printing 60,000 in- 
fantry tactics, 14,790 

An appropriation was also 

made for the erection 

of barracks, of $41,000 

For a tower at Bayou Du- 

pre, 16,677 

For new wharves at forts, 4,100 



The appropriations for the Indian 
department, for 1829, were, 
14,832 For Indian superintend. 

ent, and agent?. #46,100 



14S 



ANNUAL REGISTER, 1827-b-9. 



For presents to Indians, 15,000 

For expenses of interpre- 
ters at agencies, 18,550 

For blacksmiths, &c., at 

agencies, 24,400 

For expenses of distribu- 
ting annuities, 9,500 

For expenses of Indian 

deputations and visits, 22,168 

For contingencies, 24,350 

For purchasing Indian re- 
servations in North Ca- 
rolina, 20,000 

For purchasing Indian re- 
servations in Ohio, 6,000 

For compensation to In- 
dians in Ohio, for de- 
predations upon their 
property, by whites, 1,539 

To carry into effect, sub- 
sisting treaties, and for 
annuities, 232,895 

The appropriations for the pub- 
lic buildings, for 1829, were, 
For completing the work 

about the capitol, $27,128 

For completing the work 

about President's house, 31,131 
For furnishing President's 

house, 14,000 

For purchase, and en- 
closing of a new square, 8,000 
For fire engine, 640 

For completing peniten- 
tiary in District of Co- 
lumbia, 27,000 

A resolution was introduced into 
the house of representatives j during 
the first session of the twentieth 
congress, requesting the executive, 



to send one of the public vessels on 
a voyage of discovery, and explo- 
ring, into the South Sea, and Pacific 
Ocean. 

The reasons for the passage of 
this resolution, were briefly stated 
by Mr. Reed, as follows : 

Some time ago, petitions were 
presented to congress, from the in- 
habitants of Nantucket, and also 
from New-Bedford, in Massachu- 
setts, praying that the Pacific 
Ocean, and South Sea, might be 
explored ; and that the islands, 
shores, reefs, and shoals, might be 
surveyed, in an accurate and au- 
thentic manner. They further 
stated, that their voyages had been 
extended, within a few years, from 
Peru and Chili, to New-Zealand, and 
the Isles of Japan. The risk and 
losses, have thereby been greatly 
increased. A number of ships have 
been lost, with their crews ; no 
doubt, upon the rocks and shoals, 
without one person's escaping to tell 
N the news. The insurance in those 
seas, is nearly twice as much as in 
the Atlantic. The amount and value 
of the whale fishery, is not incon- 
siderable. There are now engaged 
in that fishery, in the Pacific Ocean, 
one hundred and fifty ships, amount- 
ing to more than forty thousand tons, 
requiring a capital of more than 
three millions of dollars, and em- 
ploying more than three thousand 
seamen. Those engaged in the 
fur trade, and all other commerce 
in the Pacific, which is now very 
considerable, and is rapidly increas- 



EXPEDITION TO THE PACIFIC. 



149 



ing, are deeply interested in the re- 
Solution now under consideration. 
Commerce, the farming interest, 
and manufacturing interest, are all 
deeply interested in the safe navi- 
gation of those vast seas ; in fact, 
our whole country is directly or in- 
directly interested. The proposed 
measure, therefore, is one well cal- 
culated to save lives and property, 
and to further extend our prosperity. 
I hold in my hand, (continued Mr. 
Reed,) a chart, on which is traced 
the routes of the whaling ships. 
They extend from Cape Horn, in 
the Pacific, six thousand miles 
north, and westerly, ten thousand 
miles, to the Japan Isles, Asia, and 
New-Hollahd. I also hold in my 
hand, a newspaper, printed some 
time since, at Nantucket, giving an 
account of two hundred islands, 
reefs, and shoals, never surveyed, 
or laid down on any chart. These 
islands, shoals, &c. have been dis- 
covered, from time to time, by the 
whale ships ; but they did not pos- 
sess either the means, or time, to 
survey them with accuracy. The 
resolve now under consideration, 
is the mere expression of an opinion, 
that it is expedient to make the pro- 
posed survey and examination, pro- 
vided it can be done without preju- 
dice to the naval service ; and pro- 
vided it can be done without addi- 
tional appropriation for that service, 
during the present year. 

Some opposition was made to 
this resolution, by Mr. Hoffman, 
but it was agreed to, by the house. 



A bill was also introduced, providing 
for the extra expenses of the expe- 
dition, which were estimated at 
$50,000. This bill was not acted 
upon, for want of time ; but the se- 
cretary of the navy, in conformity 
with the resolution, directed a ves- 
sel to be fitted out for the expedi- 
tion ; and at the commencement 
of the second session of congress, 
the expedition was prepared, and 
ready to proceed to sea, as soon as 
the appropriation for the extraordi- 
nary expenses should be made. 

The bill, for that purpose, receiv- 
ed the sanction of the house of re- 
presentatives, at the present sess* 
ion 97 ayes, 59 nays. 

In the senate, the bill met with 
an unexpected opposition, which 
caused its defeat. 

On the 7th of February, Mr. 
Hayne, from the committee on na- 
val affairs, to whom it was referred, 
submitted the following resolu- 
tion. 

Resolved, That the president of 
the United States be requested to 
cause to be laid before the senate, 
a detailed statement of the expenses 
incurred in fitting out, and pre- 
paring an expedition for exploring 
the Pacific ocean, and South seas, 
together with the additional amount 
which will be necessary to cover all 
the expenses of such an expedition ; 
and that he be also requested to 
cause to be submitted, a detailed 
statement, showing the several 
amounts transferred from the dif- 
ferent heads of appropriation for 



15U 



ANNUAL REGISTER, 1827-8-y. 



the support of the navy, to this ob- 
ject, and the authority by which 
such transfers have been made. 

In submitting this resolution, Mr. 
Hayne took occasion to object to 
the course taken by the secretary 
of the navy, respecting this expe- 
dition. The secretary had acted 
under the resolution of the house 
only. The expedition had never 
been sanctioned by law. He also 
thought that the expedition was on 
too magnificent a scale ; and that 
instead of $50,000, it would cost 
at least $300,000, besides the wear 
and tear of the vessel. 

The resolution was agreed to, 
and a report was made by the se- 
cretary of the navy, in answer to 
the call, showing that no such trans- 
fer had been made, as was sug- 
gested in the resolution ; and that 
the expenses of the expedition 
would not, probably, exceed the 
amount in the bill before the senate. 

The expenses incurred, besides 
the repairs of the Peacock, which 
would have been made at all events, 
amounted to about $2,500. 

A majority, however, of the na- 
val committee, reported against 
the bill, and proposed an amend- 
ment, by which the President was 
authorized to cause one of the pub- 
lic vessels of the squadron in the 
Pacific, to be detached. for the pur- 
pose of exploring the islands, &c. 
in the Pacific. 

The bill was consequently lost, 
ajid the expedition defeated. 



The main business of the session, 
was, the legislation on the subject 
of the Cumberland road. The 
discussion of Mr. Buchanan's 
amendment, providing for the con. 
ditional cession of the road to the 
different states within whose bound- 
aries it passes, occupied about one 
half of the session, and drew into 
it, the question of the constitution- 
al power of Congress to erect toll 
gates, &c. The house decided, 
by a considerable majority, in 
favour both of the constitutionality 
and expediency of erecting gates, 
and imposing a system of tolls, in 
order to keep the road in repair. 
The senate, without discussing the 
constitutional power, struck out 
the sections relating to toll gates 
and tolls, and simply appropriated 
the 100,000 dollars required to put 
the road in repair. Another bill 
passed both houses, appropriating 
money for the construction of the 
road westwardly from Zanesville. 

Bills of considerable importance 
to the citizens of that section of 
the country, authorizing the Presi- 
dent to expose to public sale the 
reserved lead mines and salt 
springs, in the state of Missouri, 
passed both houses. Thus were 
new sources of wealth opened to 
individual enterprise ; although 
there is too much reason to fear that 
they may be grasped and monopo- 
lized for the exclusive advantage 
of sordid speculators. 

The census bill, the passage of 



UNFINISHED BUSINESS. 



15J 



which was necessary, to the taking 
the census according to the provi- 
sions of the constitution, was over- 
looked by the leading members of 
congress, whose attention was en- 
grossed by the arrangements conse- 
quent upon the organization of the 
new administration. 

It consequently did not become 
a law, and its consideration was 
postponed, together with several 
other important bills, to the next 
congress. 

Among those bills which were 
either left unacted on, or defeated, 
were the bill for graduating the 
price of public lands, &c. ; the 
bill to provide for' the militia, 
volunteers, engaged in the land 
and naval service of the United 
States, during the revolutionary 
war ; the bill to amend the act to 
reduce and fix the military peace 
establishment, having reference to 
the case of Colonel Bissell ; the 
bill to abolish the rank of major 
general ; the bill to continue the 
act for the relief of the purchasers 
of public lands, &c. ; the bill re- 
pealing the tonnage duty on Ame- 



can vessels, together with a large 
number of acts providing for the 
payment of claims on the treasury. 

A treaty concluded with Brazil, 
recognising the liberal commercial 
principles of the United States, 
was not ratified, until after the ac- 
cession of General Jackson to the 
presidency, although it was com- 
pleted under the administration of 
Mr.' Adams. 

Some bills were also reported 
from the committee of retrench- 
ment, appointed to inquire into the 
abuses of the government, at too 
late a period of the session, to be 
acted on. These bills proposed 
various retrenchments in conformi- 
ty with the suggestions contained 
in the report, an abstract of which, 
is contained in Chapter 1 ; but 
the ends of the inquiry having 
been answered, by the result of the 
presidential election, no steps were 
taken by the parly, to carry into 
effect the proposed reform, and the 
bills remained on the table, and 
shared the fate of the other un- 
finished business. 



CHAPTER VII. 

Great Britain. Lord Goderich resigns New cabinet Lord Wellington 
Premier Finances Mr. Huskisson resigns Causes of resignation 
New corn bill Law for relief of Catholics Sir F. Burdetfs motion 
on Catholic question Mr. O'Connell elected Catholic association 
Opening of Parliament in 1829 Catholic question settled Duel be- 
tween Premier and Lord Winckdsea Silk trade Discussion relative 
to American tariff" Correspondence between American and British go- 
vernments Commercial policy of Great Britain Order in council 
relative to colonial trade British navigation treaty with Brazil 
Boundary between United States and Canada Affairs of Portugal 
War between Russia and Turkey Canadian affairs Debate on for- 
tifications in Canada British West Indies East India Company. 



IN our chapter on Great Britain, 
in the last volume of the Register, 
we traced the course of events, to 
the death of Mr. Canning, and to 
the new organization of the mi- 
nistry, to which his loss gave rise. 

The violence of the opposition, 
sustained as it was by the Duke of 
Wellington, and a large portion of 
the high church and tory party, 
while Earl Grey, and other whigs 
of the first influence, kept aloof 
from Mr. Canning, had rendered it 
a difficult task, even for the gigantic 
mind of the late premier, to main- 
tain that ascendency in the two 
houses, which, according to the 
principles of the British constitu- 
tion, is essential to the existence of 
an administration. We have seen, 

VOL III. 



that a law, having for its object the 
admission of foreign corn, at all 
times, on the payment of a duty, 
which was to vary with the prices 
of the commodity in the home 
market, received its death blow in 
the house of lords. Though this 
measure was sanctioned by the re- 
vered name of Lord Liverpool, its 
virtual rejection was to be ascribed 
to the former colleagues of Mr. 
Canning, who had willingly availed 
themselves of the aid of his talents 
and character, so long as he was 
content with a subordinate station, 
but who could not brook his official 
superiority. To avoid similar de. 
feats, and to give the administra- 
tion an opportunity to strengthen 
itself, the discussion of the Catho 
20 



154 



ANNUAL REGISTER, 1827-8-9. 



lie question ; of the bill to repeal 
the test and corporation acts ; and 
of other measures, on which the 
cabinet was supposed to be divided, 
was postponed to a subsequent ses- 
sion. A scrutiny into the budget 
was avoided, by the government's 
giving a pledge, to propose the ap- 
pointment of a finance committee 
at an early period, after the two 
houses should again meet. 

Parliament was prorogued on 
the second of July ; and on the 
eighth of the ensuing month Mr. 
Canning died. 

Mr. Huskisson, who, when this 
melancholy event occurred, was 
absent on a continental tour, for the 
benefit of his health, immediately 
returned to London. This minis- 
ter, from the share which he had 
had in the leading measures of the 
two last administrations, and the 
confidence reposed in him by Mr. 
Canning, as well as from his expe- 
rience and talents, seemed to pos- 
sess the best claim to succeed his 
friend. The consequences, how- 
ever, which had resulted to the last 
ministry, from placing at the head 
a person not of high birth, indi- 
cated, but too clearly the risk of 
making a second experiment of a 
similar nature. Viscount Gode- 
rich, who, as Mr. Robinson, had 
previously been chancellor of the 
exchequer, and had filled other 
public offices, had been made by 
Mr. Canning secretary of state for 
the colonies, and raised to the 



peerage. To this nobleman, re- 
commended by his connexions with 
the aristocracy of the country, was 
accorded, with the approbation of 
his colleagues, the vacant post of 
premier. 

Mr. Canning, being a commoner, 
had united the office of chancellor 
of the exchequer, with that of first 
lord of the treasury. Under the new 
arrangements, it became necessary 
to select a finance minister for the 
lower house ; and, unfortunately for 
the stability of the administration, 
Mr. Herries, who had occupied an 
inferior place under Lord Liver- 
pool, was chosen, in order to gra- 
tify, as was alleged at the time, the 
persona] wishes of the king. Mr. 
Huskisson became colonial secre- 
tary ; and other minor alterations 
were made, without, however, 
changing the character of the ca- 
binet, which, with the exception of 
Mr. Herries, remained politically 
the same as under Mr. Canning, 
the Catholic claims still contin- 
uing an open question. To Mr. 
Huskisson were assigned the du- 
ties of leader of the house of com- 
mons, a situation which not only 
carries with it great consideration, 
but implies, that all important mea- 
sures are to be introduced by the 
minister thus denominated. 

Lord Goderich was a remarka- 
ble instance of a person who had 
been highly respectable in a subor- 
dinate place, failing completely 
when called to the highest post. 



GREAT BRITAIN. 



It was soon tbund, that the new 
premier was neither capable of 
presiding over the destinies of a 
great empire ; nor of exercising that 
influence with his associates, which 
was required, to make them co-ope- 
rate in public measures. 

At the time of Mr. Canning's 
death, not only were the foreign 
relations of the country extremely 
delicate ; but the opposition at home 
rendered it necessary, that every 
nerve should be exerted by the 
ministry, to prepare for the ap- 
proaching parliamentary campaign. 

After the accession of Lord 
Goderich to the treasury, the diffi- 
culties abroad were increased by 
the " untoward event" at Navari- 
no, and the appointment of Don 
Miguel, by his brother, the Empe- 
ror of Brazil, as Regent of Portu- 
gal ; while the dissensions in the 
cabinet occasioned still greater 
embarrassments, in the conducting 
of the public business. 

When parliament adjourned, it 
was -supposed that it would reas- 
semble in November ; so that the 
finance committee, promised by 
Mr. Canning, might be appointed, 
and sit during the Christmas holi- 
days. The session was, however, 
put off, by repeated prorogations, 
till 29th January, 1828. A con- 
sciousness that he was not adequate 
to guide the helm of state, in the 
then difficult posture of affairs, 
with a divided cabinet, had induced 
Lord Goderich, early in Decem- 



ber, to ask his majesty's permis- 
sion to retire from office ; and 
from the 2d to 19th of that month 
there was a virtual abdication of 
the head of the government. He 
was afterwards reluctantly induced 
to agree to continue in power, suf- 
ficiently long to allow new arrange- 
ments to be entered into. But 
all hopes of settling matters in 
such a manner as to enable mi- 
nisters to meet Parliament, were 
defeated, by the irreconcilable dif- 
ference between Mr. Huskisson 
and Mr. Herries, which led to a 
tender of both their resignations. 

The circumstances connected 
with these proceedings, according 
to the parliamentary explanations, 
were briefly these : Mr. Tierney, 
the master of the mint, and Mr. 
Huskisson, had obtained from Lord 
Goderich his consent, that Lord 
Althorpe, a leading whig, should 
be placed at the head of the finance 
committee. This selection was 
made without any consultation with 
Mr. Herries, to whose department 
the subject particularly belonged ; 
and when this minister was made 
acquainted with what had been 
done, he deemed it incumbent on 
him to resign, if the contemplated 
measure was carried into effect. 
Mr. Huskisson, on his part, was 
equally determined to persevere 
with the nomination ; and the pre- 
mier found himself threatened with 
the loss of the services of one or 
other of these colleagues. In- 



\.V\UAL REGISTER, 1827-8-9. 



stead of pursuing a decided and 
vigorous course, and accepting the 
resignation of the chancellor of 
the exchequer, who was viewed 
with jealousy by all the other mem- 
bers of the cabinet ; Lord Gode- 
rich went to Windsor, and again 
requested his majesty to release 
him from the cares of government, 
and on the 8th of January the ca- 
binet was declared to be dissolved. 

In the period between the two 
resignations of Lord Goderich, 
there were several attempts to re- . 
organize the cabinet. Lord Hol- 
land, notwithstanding the strong 
personal objections of the king, 
was fixed on for foreign secretary, 
in the room of Lord Dudley, who 
had only accepted the office pro- 
visionally under Mr. Canning ; and 
Lord Goderich was to have been 
replaced by the Duke of Portland, 
or by the Marquis Wellesley, who 
agreed with the majority on the 
Catholic question, and who was, in 
consequence of his absence in Ire- 
land, uncommitted to any of the 
recent factions. 

That there were other causes 
for the dissolution of the cabinet, 
growing out of the dispute respect- 
ing the finance committee, ap- 
pears from the declaration of the 
ministers themselves, who, with 
the exception of Lord Goderich, 
generally alluded to matters, which 
they seemed unwilling openly to 
explain. But besides these secret 
difficulties, there wrro. at least, 



two circumstances, coeval with the 
origin of the administration, that 
seemed to carry with them the 
seeds of its destruction. The 
Duke of Wellington, the decided 
opponent of the ministry, discon- 
tented with the loss of his own po- 
litical influence, and that of his 
friends, was restored to the distin- 
guished station of commander-in- 
chief of the army, a post afford- 
ing the greatest extent of patron- 
age. The other event to which 
we refer, was the selection for 
chancellor of the exchequer of 
Mr. Herries, a decided tory, placed 
in office contrary to the declared 
wishes of his colleagues ; who, as 
he was sensible, would avail them- 
selves of the first opportunity to 
remove him from their councils, 
and whose meaures he was conse- 
quently induced, even in self-de- 
fence, to counteract. The reap, 
pointment of the Duke of Welling- 
ton, was, perhaps, unavoidable, not 
only on account of the personal 
feelings of the king, but to satisfy 
public opinion, which justly as- 
signed to this distinguished chieftain 
the first military place in the 
state. The course pursued by 
Lord Goderich, in relation to Mr. 
Merries' admission to the cabinet, 
however, gave a full indication 
of that want of energy of charac- 
ter, which was afterwards so con- 
spicuously manifested. 

Besides the loss of the army 
patronage, the late administration 



GREAT BRITAIN. 



151 



was deprived of other influence, 
which has been usually placed in 
the hands of ministers. The navy 
had been given by Mr. Canning 
to the Puke of Clarence, a prince 
who was rendered, by his proxi- 
mity to the throne, in a great mea- 
sure independent of the cabinet, of 
which he was not a member. Ec- 
clesiastical appointments were 
made by his majesty himself, or, 
as was alleged, by the influence of 
the individuals composing the king's 
domestic circle, whose power was 
felt in all the public arrangements 
during this period. 

To this secret influence, allu- 
sion was distinctly made in the 
house of commons, and questions 
were asked of the minister, who 
had proffered explanations, which 
it was not deemed advisable to 
pregs on their consideration. It 
may be sufficient to remark here, 
that strong suspicions existed of the 
king's wish to avoid, by the reten- 
tion of Mr. Herries in power, and 
the selection of a subservient per- 
son for the chair of the finance 
committee, exposures that would 
have implicated, not only the con- 



fidential officers of the crown, but 
royalty itself, in the application of 
certain funds, to the supply of those 
expenses of his majesty, for which 
the civil list had not sufficed. 
This conversion had been effected, 
in consequence of the mod* in 
which the hereditary revenues, 
(all of which had been ceded to 
the state for an annual sum, in the 
reign of George HI.) were man- 
aged. There were also used, for 
the same purposes, by virtue of the 
authority of treasury minutes, un- 
appropriated funds resulting from 
a convention with France, for the 
payment of certain claims of British 
subjects. 

On accepting the resignation of 
Lord Goderich, his majesty sent 
for the Duke of Wellington, to 
whom he confided the formation 
of a new cabinet. After conside- 
rable negotiation, the necessary 
arrangements were concluded, 
several of the old ministers being 
retained ; as will appear from the 
following list, in which we have 
placed the names of the two cabi- 
nets in parallel lines. 



First Lord of the Treasury, 

Lord Chancellor, 

Secretary of State for Fo- 
reign affairs, 

Do. for Homo Department, 
Do. for Colonies, 

President of the Board of Control 

Chancellor of the excheequer 

President of the Board of Trade 

Master of the Mint 

President of the Council, 



Wellington Ministry. 
Duke of Wellington, 
Lord Lyndhurst, 

Earl of Dudley, 

Mr. Peel, 

Mr. Huskisson, 
Vircount Melville, 
Mr. Goulbourn, 
Mr. Grant, 
Mr. Herries, 
Earl Bathurst, 



Goderich Ministry. 
Visceunt Goderich. 
Lord Lyndhurst. 

Earl of Dudley. 

Marquis of Lansdowne. 

Mr. Huskisson. 

Mr. Wynn. 

Mr. Herries. 

Mr. Grant. 

Mr. Tieruey. 

Dukt of Portland. 



158 



ANNUAL REGISTER, 1827-8-9. 



Privy Seal, 
Secretary at War, 
Chancellor of the Duchy of ) 

Lancaster, \ 

First Commissioner of land 

revenue, 



Lord Ellenborough, 
Lord Palmerston, 

Earl of Aberdeen, 

New minister, not in 
the Cabinet, 



Earl of Carlisle. 
Lord Palmenton, 

Lord Bexly. 
Mr. 8. Bourne. 



Of the members of the cabinet 
of the Duke of Wellington, who 
had served within a year in for- 
mer administrations, a particular 
notice is unnecessary, 

Mr. Goulbourn, though not in the 
ministry, was for a long time pre- 
vious to Mr. Canning's becoming 
premier, connected with the gov- 
ernment, either as under secretary 
of state, or as chief secretary for 
Ireland, and was always an anti- 
catholic. He is particularly known 
in the United States, as one of the 
plenipotentiaries at Ghent and 
London, in 1814 and 1815. 

Lord Ellenborough, son of the 
late chief justice, through an advo- 
cate of the Catholic claims, was 
violently hostile to Mr. Canning, 
and his government, and might, on 
most subjects, be considered an 
opponent of the liberal party. 

Lord Aberdeen's opinions re* 
specting the catholics, were the 
same as those of Lord Ellen- 
borough. He often took part in 
the debates in support of the agri- 
culturists, and in Lord Castle- 
reagh's time, advocated the foreign 
policy of that minister. He was 
ambassador at the court of Vienna, 
and was employed in several diplo- 
matic negotiations, in 1813 and 
1814. While thus engaged, he 



signed the treaty of Toplitz, be. 
tween England and Austria, and 
the treaty of Paris, of 1814. He 
also assisted at the conferences of 
Frankfort, and at the congress of 
Chatillon, 

The only avowed whigs in the 
old administration, the Marquis of 
Lansdowne, the Earl of Carlisle, 
and Mr. Tierney, were omitted in 
the Duke of Wellington's arrange- 
ments ; but irreconcileable as the 
differences between Mr. Huskis- 
son and Mr. Herries, were declar- 
ed to be, both their names were 
found in the new list. To the late 
chancellor of the exchequer, how- 
ever, was alloted the compara- 
tively unimportant post of master 
of the mint ; and Mr. Huskisson, by 
continuing in office, after he was 
compelled to yield to Mr. Peel the 
place of parliamentary leader, in 
the commons, and to coalesce with 
the deadly foes of Mr. Canning, 
lost much of his influence. In 
giving his adhesion to the Duke 
of Wellington, he was, however, 
supported by Mr. Grant, and Lord 
Palmerston, and even by Lord 
Dudley. That the secretary for 
foreign affairs, after having agreed 
to retire in favour of Lord Hol- 
land, while his friends we re still in 
power, should consent to act with 



GREAT BRITAIN. 



colleagues, to whom he was oppos- 
ed on several important questions, 
seemed most extraordinary, and 
could only be explained by ascrib- 
ing his decision to the influence 
exercised over him, by Mr. Hus- 
kisson. 

Much surprise was excited by 
the acceptance of the premiership 
by the Duke of Wellington, who 
had, in very emphatic language, at 
the previous session of parliament, 
declared his entire unfitness for 
high civil office. But, although this 
celebrated warrior is not distin- 
guished for his abilities as a speak- 
er, and therefore, may yield to most 
of his predecessors, in the peculiar 
qualifications required for leader of 
the house of lords ; few men in Eng- 
land possessed more experience in 
the public affairs of the country- 
Even before the commencement of 
his great services in the Penin- 
sula, he had been connected with 
the government of Ireland, as chief 
secretary ; and while commanding 
in Spain and Portugal, his functions 
were hardly more military, than ci- 
vil and diplomatic. 

At the congress of Vienna, he 
appeared as a negotiator, to secure 
for his country, by argument, what 
he had previously acquired for her 
by the sword. On his return from 
France, where he had been the di- 
plomatic, as well as military repre- 
sentative of his sovereign, he was 



placed in the cabinet, in which he 
continued till Lord Liverpool ceased 
to preside there ; and even while 
Mr. Canning was at the head of the 
department of foreign affairs, the 
Duke of Wellington was selected to 
support the interests of England, at 
the delicate negotiations at Verona. 

On the whole, therefore, the 
administration, although it had lost 
strength with the more liberal part 
of the nation, possessed, in a 
much greater degree than the last 
cabinet, the confidence of the aris- 
tocracy, and consequently, of par- 
liament. 

The king opened parliament, by 
commission, on the 29th January, 
1828, when the royal speech was 
read by the Lord Chancellor:* It 
proposed the appointment of a 
finance committee, and stated, that 
an increase had taken place in the 
export of British manufactures. 

The largest portion of the king's 
address, related to the foreign af- 
fairs of the country. The intention 
to withdraw the British troops from 
Portugal, was formally stated, and 
the treaties concluded with Brazil, 
and Mexico, were officially an- 
nounced. But the most important 
part of this state paper, was that 
which alluded to the eastof Europe ; 
and on the occurrences there, the 
debates which it elicited, principally 
turned. 

The parties in the two houses. 



* See Public Documents. 



160 



ANNUAL REGISTER, 1827-8-y. 



arrayed themselves, very much as 
they had done before the formation 
of Mr. Canning's ministry Mr. 
Brougham, and his associates, pla- 
cing themselves with the opposition. 
In conformity with the recom- 
mendation from the crown, Mr. 
Peel, as ministerial leader in the 
house of commons, submitted, on 
the 15th February, a motion for the 
appointment of a committee to in- 
quire into the revenue and expen- 
diture of the United Kingdom. 
The proposition was prefaced by a 
statement, from whence the follow, 
ing view of the finances, may be 
drawn. The funded debt, in Janu- 
ary 1826, was 777,476,000, and 
the unfunded 34,770,000, making 
together, 812,246,000. The to- 
tal annual charge for the funded, 
and unfunded debt, including an- 
nuities,wasin 1827, 29,254,000 ; 
to which it had been reduced from 
30,270,000, since 1822 ; and from 
33,679,000, since 1815. Even 
the small decrease of interest, pay- 
able on the public securities, which 
had been effected during twelve 
years of profound peace, is to be 
partly attributed, not to a redemp- 
tion of the capital ; but to a conver- 
sion of five per cents., and four per 
cents., into stocks bearing a lower 
rate of interest. 

The entire surplus of income, 
over expenditure, excluding "the 
naval and military pensions," (dead 
weight,) for the five years, ending 
in January, 1828,was12,000,000. 



The whole sum appropriated to ths 
sinking fund, during that period, was 
29,454,000; being 17,454,000 
more than was applicable to the re- 
demption of the debt, without having 
recourse to additional loans. ; 
9,144,000 of this deficiency, was 
obtained by the operation of the act 
of 1822 ; the object of which, was 
to distribute through a great num. 
her of years, the burthen commonly 
called dead weight, which was then 
unusually large, of the naval and 
military pensions. Of the remain- 
der, 4,617,000 had been furnish- 
ed from money borrowed in various 
ways; and 3,693,000, by a re- 
duction of the balance in the ex- 
chequer in January, 1823, as com- 
pared with the corresponding pe- 
riod of 1828. The ordinary expen- 
ses, including dividends on stock, 
had increased more than two mil- 
lions, since 1823 ; having been, ir> 
that year, 47,692,000; and in 
1827, 49,719,000. The real sur- 
plus of the revenue of 1827, com- 
pared with the expenditure, was 
stated to be 94,000. 

The finance committee, named 
by Mr. Peel, was fairly selected 
from persons of all parties ; and 
among them, was even Mr. Hume, 
distinguished as he had been, for 
invariable opposition to the mea- 
sures of the government. The 
chairman, who was substituted to 
Lord Althorpe, was Sir Henry Par- 
vele, a gentleman of the highest 
character, and one who had acqui. 



GREAT BRITAIN. 



Itii 



red considerable reputation as a 
political economist. 

The objects proposed by the ap- 
pointment of this committee, were 
the reduction of the public expendi- 
ture, and the simplification of the 
public accounts. In alluding to this 
last branch of their duties, reference 
was made by Mr. Peel, to the com- 
paratively clear and simple manner 
in which the accounts are kept in 
France, and the United States. 

It may be here proper to remark, 
that the appointment of a finance 
committee in the British house of 
commons, is not a measure of an- 
nual recurrence. This was the 
fifth one that had set, the last pre- 
ceding committee having been 
named in 1817. Its duties may be 
rather assimilated to those of a 
committee of retrenchment; than 
of a committee of ways and means. 
In England, the estimates for the 
different departments of the ser- 
vice are laid on the table by a mi- 
nister, who belongs to the house of 
commons, and whose business it is 
to defend them in their passage 
through their various stages. There 
are none of the same standing com- 
mittees there as in congress. 

On the 10th of March, the finance 
committee reported, that they had 
ascertained that the principles on 
which annuities were granted were 
decidedly disadvantageous to the 
country, and, therefore, proposed 
the repeal of the law on that sub- 
ject. In this suggestion they ob- 
VOL.HI. x 



tained the assent of the house ; but 
though many specific retrench- 
ments were submitted to the consi- 
deration of parliament, it is be- 
lieved that none of any importance 
were carried into effect. The 
committee was not renewed at the 
subsequent session. 

While we are on the subject of 
finances, it may be observed, that 
the chancellor of the exchequer, 
upon bringing forward the budget 
on the llth of July, 1828, sta- 
ted, that besides discontinuing the 
principle of the dead weight, it had 
been determined to reduce the 
sinking fund, to the real excess of 
income over expenditure. Its 
amount was not made to depend on 
the varying balances in the trea- 
sury ; but was settled at the fixed 
sum of 3,000,000 per annum, 
with the understanding, that those 
to whom the financial administra- 
tion of the country might be confi- 
ded, should have constantly in view 
the necessity of keeping up such a. 
surplus revenue. In the session, 
however, of 1829, the chancellor of 
the exchequer proposed the more 
simple plan of merely applying, in 
each year, to the reduction of the 
national debt, such sum as should 
be the real excess of income over 
expenditure. The sinking fund 
was not, indeed, retained with the 
expectation, that it would be possi- 
ble to make any sensible reduction 
in the amount of the debt ; but, in 
order to have at command a sur 
21 



ANNUAL REGISTER, 1827-8-9. 



plus of income over expenditure, to 
meet any sudden or unexpected 
demand. From the budget, as ex- 
plained by the chancellor of the 
exchequer on the 9th of May, 
1829, it appeared, that the reve- 
nue of 1828 was 55,187,000, 
and the expenditure 49,336,000, 
leaving a surplus of 5,851,000, 
which had accrued in that year. 

The army for 1828 was fixed at 
116,334 men, of whom 25,559 
were in India, and 556 employed 
in recruiting for that service ; of 
the remaining 90,519, the distribu- 
tion was as follows : 
In Great Britain, 26,838 

At stations abroad, other 

than India, 40,569 

In Ireland, 23,112 



90,519 

These numbers rather exceeded, 
but did not materially differ from, 
those fixed for 1827. The army 
was, also, continued on this foot- 
ing, without any important va- 
riation, in 1829. 

For the navy, in 1828, and 1829, 
as in 1827, 30,000 men were vo- 
ted, being an increase of 11,000 
since 1807, in which year only 
19,000 were employed. 

Mr. Huskisson soon had reason 
to repent having sacrificed consis- 
tency to the love of place. In 
consequence of his transfer, during 
the recess, from the presidency of 
the board of trade to the office of 
colonial secretary, it was necessa. 
ry, on the opening of parliament, 



that he should pass through the 
ordeal of a new election to the 
house of commons. In making 
the explanations, which custom re- 
quired, to his constituents at Liver- 
pool, Mr. Huskisson was reported 
to have said, that he had insisted 
on receiving, and had obtained from 
the Duke of Wellington, positive 
and special pledges and guaranties, 
that a particular line of policy 
should be followed, and that his 
Grace would tread, in all respects, 
in the footsteps of Mr. Canning. 
The Duke of Wellington imme- 
diately noticed these remarks, and 
indignantly repelled the idea, that 
any pledges or guaranties had 
been given by him to any gen- 
tleman, who had taken office un- 
der him. Mr. Huskisson, com- 
pelled to qualify his declarations, 
allowed that he had used the 
word guaranty, but declared that 
he had meant to employ it only in 
the sense, that the presence of his 
friends in the offices, which they 
had held under Mr. Canning, was 
a sufficient understanding as to the 
views, on which the new govern, 
ment was to be conducted. 

Constant indignities were heaped 
on Mr. Huskisson by the tory jour- 
nals, and it was soon very appa- 
rent that, though the Duke of Wel- 
lington had deemed it prudent to 
retain him in the first organization 
of his cabinet, and thus destroy his 
character with the opposition ; no 
cordial co-operation could be anti- 
cipated between men, whose de- 



GREAT BRIT UN. 



It;: 



clared views of public policy were 
of the most opposite character. 

That which was anticipated, when 
the duke's administration was form- 
ed, took place the latter part of 
May, when Mr. Huskisson and his 
friends were obliged to withdraw 
from the government. 

The ostensible ground of Mr. 
Huskisson 's retiring was, a vote 
which he found himself compelled, 
on account of previous declara- 
tions, to give, to transfer to Birming- 
ham the right of choosing members 
of parliament from the borough of 
East Retford, instead of merely ex- 
tending the franchise to the adjoin- 
ing hundred. There were, at an 
early period of the session, two 
bills before parliament, by which 
Penryn and East Retford were 
both to be disfranchised ; and the 
friends of gradual reform were de- 
sirous to avail themselves of the 
opportunity, to give a representation 
to the two populous towns of Man- 
chester and Birmingham. This 
was resisted by the landed interest ; 
but a compromise was proposed, 
by which the representation of 
Penryn was to go to Manchester, 
and that of East Retford to be ex- 
tended to the hundred, or, in other 
words, placed under the control of 
the Duke of Newcastle. The bill 
in favour of Manchester was pass- 
ed, and sent to the lords ; but, be- 
fore the second case was disposed 
of in the commons, it was found 
that the house of peers would not 



consent to disfranchise Penryn ; 
and Mr. Huskisson, who had said, 
that if there had been only one 
corrupt borough to deal with, he 
would have been in favour of trans- 
ferring its representation to a ma- 
nufacturing town, was called on to 
redeem his pledge. Finding him- 
self bound by his promise, to act in 
opposition to- the determination of 
the cabinet, and to vote against 
Mr. Peel, his parliamentary leader, 
he, as a necessary consequence, 
placed his office at the disposition 
of the head of the government. 
In the course of the proceedings 
to which this gave rise, the friends 
of the colonial secretary had to re- 
gret several humiliating acts, hav- 
ing for their object the preserva- 
tion of his public station, by ex- 
plaining away the proffer of his re- 
signation. In fact, Mr. Huskisson 
did not intend, by making a tender 
of his office, that the resignation 
should be accepted ; but he had 
flattered himself with the expecta- 
tion, that the apprehension of losing 
his services would increase his fu- 
ture consideration with the cabinet. 
The proffered resignation was, 
however, seized on with an avidity 
which proved that the Duke of 
Wellington was anxious for an 
apology to rid himself of an asso- 
ciate, who could no longer make a 
dangerous enemy, and for whom 
he had never felt any cordial at- 
tachment. This feeling also pre- 
vailed, in a greater or less degree, 



164 



ANMAL REGISTER, 1827-8-9. 



towards the other members of the 
cabinet, who had served under 
Mr. Canning and Lord Goderich. 

Mr. Grant, in introducing the 
new corn bill, in which the duties 
were higher than in the corres- 
ponding clauses of the proposed 
act of the last year, caused it to 
be distinctly understood, that it was 
not the law that he would have de- 
sired ; while the Duke of Wel- 
lington intimated that, for very op. 
posite reasons to those, which had 
influenced the remark of his col- 
league in the lower house, it had 
not his unqualified approbation. 
The irreconcilable difference be- 
tween Mr. Huskisson's speech to 
his constituents, and the declara- 
tion of the prime minister, in the 
house of Lords, could not well be 
forgotten ; and though the admi- 
nistration, from time to time, pro- 
fessed its determination to abide 
by its engagements with foreign 
powers, there is a vast difference 
between the negative character of 
the measures which it adopted, and 
the carrying into effect of Mr. Can- 
ning's plans, in the bold and lofty 
spirit in which they were conceived. 

The resignations of Mr. Grant, 
the president of the board of trade ; 
of the Earl of Dudley, secretary 
for foreign affairs ; and of Lord 
Palmerston, secretary of war, fol- 
lowed that of Mr. Huskisson. 
Mr. Fitzgerald, then pay-master 
general of the forces, and an old 
diplomatist, was appointed to suc- 



ceed Mr. Grant. Lord Aberdeen 
was transferred to the foreign of- 
fice, -and Sir George Murray, who 
had been quarter-master general 
in the Peninsula, under the Duke of 
Wellington, was made colonial se- 
cretary. Neither the new secre- 
tary of war, nor Lord Aberdeen's 
successor as chancellor of the 
Duchy of Lancaster, had seats 
in the cabinet. 

Another important change in the 
government took place in the 
course of the summer, in conse- 
quence of the forced resignation 
of the Duke of Clarence, as lord 
high admiral. Though this occur- 
rence produced but little sensation 
at the time, and was justified by 
the repeated indiscretions of the 
royal incumbent, the ease with 
which the Duke of Wellington dis- 
posed of the heir presumptive of 
the throne, was no slight indica- 
tion of the firmness of his charac- 
ter, as well as of his influence 
with the king and people. By put- 
ting the vacant office in commis- 
sion, and placing at its head a ca- 
binet minister, the patronage of 
the navy was restored to the cabi- 
net. The command of the army, 
rendered vacant by the resigna- 
tion of the Duke of Wellington, 
had been given to General Lord 
Hill, an officer who had been 
greatly distinguished in the Penin- 
sula, and at Waterloo, and who was 
supposed to be under the entire 
influence of his former leader, 



GREAT BRITAIN. 



165 



Even before Mr. Huskisson re- 
tired from the government, a case 
occurred in which the ministry 
found themselves in the minority. 
In the commons, on the 26th of 
February, Lord John Russell mo- 
ved, " that the house shpuld re- 
solve itself into a committee of 
the whole house, to consider of so 
much of the acts of the 13th and 
25th of Charles II., as requires 
persons, before they are admitted 
into any office or place in corpo- 
rations, or having accepted any 
office, civil or military, or any 
place of trust under the crown, to 
receive the sacrament of the Lord's 
supper, according to the rites of 
the church of England." These 
acts had been originally designed 
against Roman Catholics ; though 
as this obnoxious sect was exclu- 
ded from office by other means, 
their bearing was now consider- 
ed to be solely against dissent- 
ers. Their effect was, however, 
avoided by annual indemnity acts, 
which had been constantly passed 
during eighty-five years ; the pro- 
fessed object of which was, to re- 
lieve those who had accepted of- 
fice, without having taken the sa- 
crament, from the penalties of the 
omission ; and there were, in fact, 
many dissenters, both in parliament 
and important public stations. The 
opposition to the motion was con- 
ducted, on the part of the minis- 
ters, by Mr. Huskisson and Mr. 
Peel, though their respective ob. 



jections were placed on very dif. 
ferent grounds. The former, an 
advocate for Catholic claims, was 
afr id that the removal of these 
mere nominal disabilities from the 
dissenters, might injure the pros, 
pect of carrying that more import- 
ant measure ; while the latter con- 
sidered the maintenance of the 
existing laws essential to the pro. 
per preponderance of the esta- 
blished church. On a division, 
the motion was carried by a majo- 
rity of 44, the ayes being 237, 
and the noes 193. When the sub- 
ject was again considered, minis, 
ters asked for a delay, in order to 
enable them to submit some mea- 
sure short of the absolute repeal. 
This being objected to, Mr. Peel 
and the other ministers left the 
house, before the question was ta^ 
ken, in a manner which indicated 
great mortification at the unavail- 
ing result of their opposition. 
Ultimately, however, the cabinet 
proposed, with success, that in lieu 
of the existing test, a simple de- 
claration, not to use the power or 
influence of their places against 
the established church, should be 
taken by all persons holding offices 
under corporations, and, on his 
majesty's, requiring it, from all per- 
sons holding offices under the 
crown. This decision was deemed 
a great triumph by the friends of 
civil and religious liberty, and was, 
no doubt, well calculated to pre- 
pare the way for the more import. 



160 



ANNUAL REGISTER, 1827-8-9. 



ant measures of the following ses- 
sion. 

The Catholic question was 
brought forward on the 8th of 
May, by a motion from Sir Fran, 
cia Burdett, that the house should 
resolve itself into a committee of 
the whole on that subject. This 
proposition prevailed, by a majority 
of six votes ; and in the committee, 
a resolution, in the following words, 
was agreed to : " That it is expe- 
dient to consider the laws affecting 
his majesty's Roman Catholic sub- 
jects, with the view of effecting 
such a final adjustment of them, as 
may be conducive to the peace and 
strength of the United kingdom, 
the stability of the Protestant esta- 
blishment, and the general satis- 
faction and concord of all classes." 
Instead, however, of introducing a 
bill to that effect, it was determined 
to ascertain, in the first instance, 
if the opinion of the house of 
lords coincided with that of the 
commons. Accordingly, the re- 
solution was communicated to their 
lordships in conference ; that is to 
say, a committee of the house of 
commons delivered to managers, 
named on behalf of the lords, a 
copy of the resolution, without dis- 
cussion. The debate in the peers, 
on a motion to agree to the re- 
solution of the other house, lasted 
two days, and was terminated by 
the Duke of Wellington, who con- 
sidered the question merely as one 
of expediency, and grounded his 



opposition to emancipation, not on 
doctrinal points, but on the church 
government of the Roman Catho- 
lics. The motion to concur in the 
vote of the commons was lost by 
a majority of 44 ; the contents 
being 137, and the non-contents 
181. 

Whilst these proceedings were 
taking place in England, the Irish 
Catholics were adopting measures, 
to secure for themselves the attain- 
ment of the great object of their de- 
sires. They had formed an asso- 
ciation, whose influence was felt 
throughout the whole kingdom ; 
they collected a catholic rent, to 
which the poorest tenant willingly 
contributed, and, at the same time, 
were so cautious in their mode of 
opposition, as to afford no opportu- 
nity for the interference of the go- 
vernment. A law, passed in 1826, 
for its suppression, in common with 
that of similar societies, had only 
affected a change in the forms of 
the " association." 

A vacancy occurring in the re- 
presentation of the county of Clare, 
in consequence of the appointment 
of Mr. Fitzgerald to the board of 
trade, afforded an opportunity of 
proving the full extent of the catho- 
lie combination. Mr. Fitzgerald 
had always been an advocate for 
the repeal of the disqualifying acts ; 
but he had, in the opinion of the as. 
sociation, been guilty of an unpar- 
donable offence, in accepting office 
under the Duke of Wellington . Mr. 



GREAT BRITAIN. 



167 



O'Connell, an Irish barrister ofgreat 
popularity, was, though a Catholic, 
announced as the opposing candi- 
date, he avowing his firm belief that 
he could sit and vote without taking 
the oaths imposed for the exclusion 
of his sect. On the part of the 
peasantry, as well as of the priests, 
the contest was regarded as one 
closely connected with their reli- 
gion, and no exertions were want, 
ing to bring to the polls, all over 
whom the catholic church could ex- 
ercise an influence. As, in Ireland, 
the right of suffrage extended to all 
forty-shilling freeholders, and as 
leases for life had been multiplied 
in the greatest abundance by land- 
lords, in order to increase their 
own power, the number of electors 
open to the influence of their 
priests, bore an overwhelming pro- 
portion to that of all other persons 
entitled to vote. Mr. O'Connell 
was chosen by a great majority ; 
and, from the indications afforded 
by this election, it was evident, 
that should the obnoxious oaths be 
retained, and be exacted, Ireland 
would be left without a representa- 
tion. The opinion, indeed, began 
to be generally entertained, that a 
compliance with the Catholic de- 
mands was inevitable. Though 
Mr. O'Connell was elected during 
the session, he did not consider it 
advisable to present himself in the 
house of commons before the pro- 
rogation, and thus a discussion as 



to his eligibility, without taking the 
oaths, was avoided. 

By the attentive observer, much 
might have been gleaned from 
the remarks of the Duke of Wel- 
lington, in the Catholic debate 
in the house of lords, to lead to 
the supposition that the settle- 
ment of this long contested mat- 
ter would occupy his early consi. 
deration ; and though the king was 
silent as to Ireland, in his speech 
proroguing parliament on the 28th 
of July, 1828,* at that time, a 
very general impression prevailed 
among those best acquainted with 
the views of the government, that, 
at the ensuing session, some plan 
of reconciliation would be adopted, 
which, while it removed all practi- 
cal grievances from the Catholics, 
would, in order to satisfy the esta- 
blished church, contain securities 
analogous to the declaration im- 
posed on the dissenters, when the 
test and corporation acts were re- 
pealed. These anticipations were 
greatly strengthened, by a speech 
at a public dinner at Londonderry, 
on the 12th of August, from Mr. 
Dawson, one of the county mem- 
bers, who, being the brother-in-law 
of Mr. Peel, and the official secre- 
tary of the Duke of Wellington, 
was believed to express the views 
of government. This gentleman, 
who had been one of the most ve- 
hement opponents of the Catholics, 
on this occasion declared, that his 



* See Public Documents, , 



108 



ANNUAL REGISTER, 1827-8-9. 



sentiments were changed, and that 
the Irish ought to be conciliated, by 
parliament's granting the emanci- 
pation demanded. 

Before the election in Clare oc- 
curred, the act against illegal 
meetings in Ireland had expired 
by its own limitation, and the asso- 
ciation, which had never been 
much affected by it, had re-assem- 
bled in its original form. By this 
body, in fact, were all the powers 
of government assumed the peo- 
ple were tranquil arid quiet, not in 
consequence of dread of the law, 
but as a matter of expediency, re- 
commended by their rulers, to 
whom they paid voluntary obe- 
dience, as the people of this coun- 
try did to the committees of public 
safety, when resistance to England 
first began to be organized. In 
case of an apprehended riot, the 
proclamation of the lord lieuten- 
ant only followed the recommen- 
dation of the association. 

That this state of things could 
not last, was admitted by all ; but 
the high church party were unwil- 
ling to yield, without at least making 
a strong effort for victory. To in- 
fluence the government, and coun- 
teract the Catholic association, the 
old Orange lodges were revived ; 
and Brunswick clubs, a name in. 
tended to recall the circumstances 
under which the present reigning 
family ascended the throne, were 
established in various parts of Ire- 
land, and even extended to Eng- 



land. A great meeting was like* 
wise held in the month of October, 
in the county of Kent, for the pur- 
pose of arousing the friends of the 
established church. An important 
incident in the affairs of Ireland, 
was the following letter, addressed 
on the llth of December, by the 
Duke of Wellington, to the titular 
primate of Ireland, in answer to 
one from the archbishop. 

" My dear sir I have received 
your letter of the 4th instant, and 
I assure you that you do me jus- 
tice in believing that I am sincerely- 
anxious to witness the settlement 
of the Roman Catholic question, 
which, by benefiting the state, 
would confer a benefit on every 
individual belonging to it. But I 
confess that I see no prospect of 
such a settlement. Party has been 
mixed up with the consideration of 
the question to such a degree, and 
such violence pervades every dis- 
cussion of it, that it is impossible 
to expect to prevail upon men to 
consider it dispassionately. If we 
could bury it in oblivion for a short 
time, and employ that time dili- 
gently in the consideration of its 
difficulties on all sides, (for they are 
very great,) I should not despair 
of seeing a satisfactory remedy." 

This note was communicated to 
the Lord Lieutenant, who dissuad- 
ed the Catholics from following the 
Duke of Wellington's recommen- 
dation, to refrain from agitation. 
In consequence of the advice of 



GREAT BRITAIN. ld 

the Marquis of Anglesea, which men, who embraced that occasion, 
was also made public, he was re- publicly to renew the assurances of 
called from his government ; a cir- their attachment to the cause ; and 
cumstance which served as the a protestant declaration in favour 
signal for renewed clamours on the of catholic emancipation was sign- 
part of the Irish, and was received ed by 2 dukes, 7 marquisses, 28 
with particular regret, by the friends earls, 11 viscounts, 24 barons and 
of emancipation, as seeming to other lords, 22 baronets, 36 mem- 
close the door to all hopes of im- bers of Parliament, and 2000 gen- 
mediate relief. They were, how- tlemen; 

ever, urged by it to more effectual In parliament, as well as in pub- 
exertions. A great meeting, at lie opinion, the catholic question 
which the Duke of Leinster, the only had gradually, though slowly, gain- 
nobleman having, in the Irish peer- ed supporters and strength, by the 
age, the title of the highest grade, lapse of time. Its progress in par- 
presided, was held in Dublin, on liament, since 1805, when Mr. Fox 
20th January, 1829. Letters were moved for a committee to take into 
read, addressed to the chairman, consideration the catholic claims, 
from many noblemen and gentle- may be seen by the note below.* 

* That yea r'(l 805) the majority against the measure was 212. From that lime, to 
the year 1812, the subject was frequently brought before parliament, but met with a 
decided yet decreasing majority. In June, 1812, Mr. Canning's motion to appoint 
a committee, passed the house, but was rejected in the lords, by a majority of one. 

1822. April 30. Mr. Canning's motion for a bill to enable Catholic peers to sit in 
the upper house was carried, ayes 249, noes 244. 

May 13. Second reading of the bill, ayes 235, noes 223. Majority for th6 
bill, 12. 

May 17. Bill passed without a division. 

June 21. In the house of lords. Second reading of the bill. Contents, 129; 
noncontents, 171. Majority against the bill, 42. Bill thrown out. 

1823. April 18. Mr. Plunkett made a motion, for a committee. Sir F. Burdett, 
and several other whigs, abruptly left the house. Motion met by a counter-motion, 
for an adjournment. Ayes 313, noes 111. Majority against the Catholics, 202. 

1824. Question not brought forward. * 

1825. February 28. Sir Francis Burdett moved for a committee. ayes 247, 
noes 234. Majority for the Catholics, 13. 

April 22 Second reading of the bill, ayes 268, noes 241. Majority for tk 
Catholics, 27. 

May 10. Third reading of the bill ayes 248, noes 227. Majority for the Catho- 
lics, 21. Bill passed. 

May 17. In the house of lords. Contents 130, noncontents, 178. Majority 
against the Catholics. Bill thrown out. 

1826. Question was not brought forward. Parliament dissolved. 

1827. New parliament. March 5. Sir Francis Burdett moved for a com- 
mitteeayes 272, noes 276. Majority against the Catholics, 4. 

1828. May 12. Sir Francis Burdett moved for committee ayes 272, noes 
266. Majority for the Catholics, 6. 

June 11. Houae of lords. Contents 137, noncontente, 182. Majority against 
th motion, 45. 
VOL, HI, 22 



170 



ANMJAL REGISTER, 1827-3-9. 



The duke of Wellington had de- 
clared, that he would never sup- 
port the catholic claims, unless 
they were taken up as a measure 
of government. The present cabi- 
net, like all which had existed 
during thirty-five years, was form- 
ed on the principle of indepen- 
dence on this question ; that is to 
say, the ministers were free to 
vote and speak on it, according to 
their convictions, while in other 
cases they are bound to support 
the views of the Premier. The 
opinions of Mr. Peel had been so 
unequivocally expressed against all 
concession, and he had shown so 
fully the importance which he at- 
tached to catholic exclusion, by 
refusing to serve under Mr. Can- 
ning, for the sole avowed reason, 
of a difference of views from him, 
on that matter, that it was suppos- 
ed his resignation must precede 
any measure looking to the admis- 
sion of Papists to power. Of the 
change, however, that had been 
operating on the minds of ministers, 
the speech of Mr. Dawson, already 
alluded to, afforded some indica- 
tion. 

A greater difficulty to be sur- 
mounted, was the royal prejudi- 
ces. The former king, had be- 
lieved that he was forbidden by 
the words of the coronation oath, 
from assenting to any measure, 
admitting catholics to the legisla- 
and this sentiment had been 



strongly expressed by the late duke 
of York, and was supposed to be 
entertained even by George IV. 
Indeed, after the passage of the 
Catholic bill, when explanations 
took place respecting the cause of 
the sudden recall of the Marquis 
of Anglesea, immediately on the 
publication of his letter to Dr. Cur- 
tis, this unpopular measure was 
ascribed to the feelings of the king, 
whom it was necessary to propitiate 
'on a subject " of which," to use the 
duke of Wellington's words, " he 
never hears, nor never thinks, with- 
out being disturbed by it." 

At the opening of parliament, 
on the 5th of February, 1829, the 
settlement of the catholic question 
was proposed in the royal speech,* 
and the duke of Wellington decla- 
red in his place in the lords, that the 
removal of all disabilities under 
which the catholics laboured, with 
the exception of those resting on 
special grounds, was intended. 
Mr. Peel, in the commons, said 
that he retained the same opinions 
as ever on this question, but that 
he considered, looking to the state 
of the country, the granting of the 
claims to be inevitable ; men were 
obliged to yield to the necessities 
of the times ; great inconvenience 
had' arisen from a divided admini- 
stration, and no government could 
be formed on the principle of per. 
manent resistance. In conse- 
quence of his determination to 



See Public Documents. 



GREAT BRITAIN. 



17 J 



support catholic emancipation, 
Mr. Peel resigned his seat for the 
university of Oxford, which had 
repeatedly, and this year by a 
majority of three to one, petitioned 
against all further concession. He 
stood for a re-election, but his 
apostacy from a cause, with which 
he had been long identified, led to 
his rejection, and he was obliged 
to be content with the representa- 
tion of a treasury borough. 

Before bringing forward the 
Catholic relief bill, an act for the 
suppression of the association was 
introduced. It extended in terms 
to all similar meetings, but the 
power of interfering respecting 
them, was placed in the lord 
lieutenant, direct, and the law was 
to be only of one year's duration. 
The Catholic Association anticipa- 
ted its operation, and voluntarily 
dissolved itself, before the act was 
passed through its several stages. 

On the 12th March, 1829, Mr. 
Peel moved to go into a committee 
on the relief bill. The only offices 
which it did not open to the Roman 
Catholics, are those of Regent of 
the United Kingdom, of Lord Lieu- 
tenant of Ireland, Lord High Chan- 
cellor, Lord Keeper, or Lord Com- 
missioner of the great seal of Great 
Britain or Ireland. Appointments 
to the Universities, and any church 
patronage which a catholic might 
possess, by virtue of his property 
or situation, are vested in the 
crown. Catholics are not to ad- 



vise the crown, as to the distribu- 
tion of any ecclesiastical dignities. 
The act also contains provisions, 
preventing the assumption by the 
Roman Catholic bishops of the 
titles belonging to the English 
hierarchy ; and members of religious 
communities were i-equired to be re- 
gistered ; but there was no arrange- 
ment with the Pope, as to the 
nomination of bishops, no stipend to 
be paid to the Roman Catholic 
clergy, and no supervision of their 
correspondence with the Holy See. 

By the old law, every member 
of parliament was obliged to take 
the oath of allegiance and supre- 
macy, and to make the declaration 
that there is no transubstantiation 
in the elements after consecration ; 
and that the sacrifice of the mass, 
and the invocation of the saints, as 
used in the church of Rome, are 
impious and idolatrous. For these 
requirements was substituted an 
oath, which, from the interest that 
the subject has^ excited, as well in 
this country as in Europe, may, 
with propriety, be here inserted en- 
tire. 

"I, A. B., do sincerely promise 
and swear, that I will be faithful, 
and bear true allegiance to his ma- 
jesty King George the Fourth, and 
will defend him to the utmost of 
my power, against all conspiracies 
and attempts whatever, which shall 
be made against his person, crown, 
or dignity ; and I will do my ut- 
most endeavour to disclose and 



ANNUAL REGISTER, 1827-8-9. 



make known to his majesty, his 
'heirs and successors, all treasons 
and traitorous conspiracies which 
may be formed against him or them; 
and I do faithfully promise to 
maintain, support and defend, to 
the utmost of my power, the suc- 
cession of the crown, which sue- 
pession, by an act, entitled ' an 
act for the farther limitation of the 
crown, and better securing the 
rights and liberties of the subject,' 
is, and stands limited to the Prin- 
cess Sophia, Electress of Hanover, 
and the heirs of her body, being 
Protestants; hereby utterly re- 
nouncing and abjuring any obe- 
dience or allegiance unto any other 
person claiming or pretending a 
right to the crown of these realms ; 
and I do further declare, that it is 
not an article of my faith, and that 
I do renounce, reject, and abjure, 
the opinion, that princes, excom- 
municated or deprived by the pope, 
or any other authority of the see 
of Rome, may be deposed or mur- 
dered by their subjects, or by any 
person whatsoever. And I do de- 
clare, that I do not believe that the 
Pope of Rome, or any other fo- 
reign prince, prelate, person, state 
or potentate, hath, or ought to have, 
any temporal jurisdiction, power, 
superiority; or pre-eminence, di- 
rectly or indirectly, within this 
realm. I do swear, that I will de- 
fend, to the utmost of my power, 
the settlement of property within 
this realm, as established bv the 



laws: and I do hereby disclaim, 
disavow, and solemnly abjure, any 
intention to subvert the present 
church establishment, as settled by 
law within this realm : and I do so- 
lemnly swear, that I never will ex- 
ercise any privilege to which I am, 
or may become entitled, to disturb 
or weaken the Protestant religion, 
or Protestant government, in this 
kingdom. And I do, solemnly, in 
the presence of God, profess, tes- 
tify and declare, that I do make 
this declaration, and every part 
thereof, in the plain and ordinary 
sense of the words of this oath, 
without any evasion, equivocation, 
or mental reservation whatsoever.'" 

There was connected with this 
measure one of no inconsiderable 
importance, by which it was hoped 
still to retain the political ascen- 
dency to the protestants in Ireland, 
who, though numerically a small 
minority, possessed a large portion 
of the property. This was to be ef- 
fected by raising the freehold suf- 
frage from 40 shillings to 10; and 
so connected were the two bills, that, 
for fear of endangering the other, 
the whigs and liberals supported 
the disfranchising act, which pass- 
ed into a law, only 17 members 
voting against it in the commons. 

It being now distinctly under- 
stood that the Catholic question 
was a government measure, mem- 
bers of parliament who held offi- 
ces, knowing the certain effect of 
their opposition, generally support- 



GREAT BRITAIN. 



ed it ; and on the motion to go into 
a committee, the votes were 348 to 
160. At the subsequent stages 
they were 353 to 173, and 320 to 
142, the last being the numbers on 
the final passage of the bill, on the 
31st of March. 

In the house of lords, the Duke 
of Wellington brought forward the 
consideration of the bill on the 3d 
of April, and it having passed by a 
vote of 217 to 112, and received 
the royal assent, became a law of 
the land on the 13th of the same 
month. During, its pendency in 
the peers, all the royal princes, 
then in England, took part in the 
discussion: the Pukes of Clarence, 
Sussex, and Gloucester, support- 
ing, and the Duke of Cumberland, 
who, by his tainted character, not 
less than his high church, and high 
tory principles, had been deserved- 
ly rendered unpopular, opposing it. 
The two archbishops, and a consi- 
derable portion of the bishops, also 
resisted the measure, which was 
about to admit a hostile sect to a 
participation of political power. 
The ex. chancellor, Lord Eldon, 
was zealous in his exertions to pre- 
serve the existing order of things. 

In consequence of his maintain- 
ing his consistency, the attorney 
general was removed from office, 
and minor changes were etfected 
in various departments. The Duke 
of Wellington is reported to have 
replied to one of the ministers, 
who requidted permission to be 



neutral, " Yes, your lordship may 
be as neutral as you like. But, 
however Lord Viscount Beresford 
may vote,, the KING'S master gene- 
ral will be pleased to vote in sup- 
port of his majesty's government." 
It was even said of Mr. Peel, that 
he had been anxious to obtain the 
premier's consent to resign, and to 
return to office after the act was 
passed. This proposition, of course, 
was not listened to. 

Thus that great measure, which 
Mr. Pitt failed to accomplish, which 
Fox and Grenville united had not 
confidence to carry, which was the 
indirect cause of Canning's death, 
was effected almost without a strug- 
gle by the victor of Napoleon. In- 
deed, it may well be questioned, 
whether any minister save the no- 
ble duke, could have combined, by 
procuring the assent of the king, 
and neutralizing the church influ- 
ence, and that of the high aristo- 
cracy of the country, the support 
necessary to pass the catholic re- 
lief bill into a law. 

Though the act granting catho- 
lic emancipation has been assimi- 
lated to the revocation of the edict 
of Nantes by Henry IV. ; and 
though its immediate and direct ef- 
fects have been in the highest de- 
gree beneficial, the consequences 
that are to result from the repeal, 
during the two last sessions, of the 
disabilities affecting the various 
classes of dissenters from the 
church, may well present a subject 



174 



ANNUAL REGISTER, 1827-8-9. 



for serious consideration. All the 
parts of the English system are so 
arranged, that it is difficult to alter 
it in any particular, without the in- 
fluence of the change being felt in 
the remotest quarters. The regu- 
lations as to primogeniture are 
made perfectly convenient to the 
members of an aristocratic family, 
in consequence of the different pla. 
ces in the church and state, which, 
besides those in the army and 
navy, are within the gift or influ- 
ence of the elder branch, affording 
an ample support to the younger 
brothers. The sum, indeed, re- 
ceived from the public by the aris- 
tocracy, either directly, or through 
the church, and other similar 
sources, far exceeds the whole 
amount which they pay in taxes to 
the government, which is, in fact, 
supported by those who are usu- 
ally denominated the productive 
classes. Take away the sinecures 
in the church, and inquiry will soon 
be made respecting the numberless 
places in the courts of law, and 
elsewhere, which, while they re- 
quire no duty from the incumbents, 
furnish ample revenues even to the 
brothers and sons of titled peers. 
With all the meliorations that have 
been made in the political state of 
the catholics, and protestant dissen- 
ters, they cannot but feel indignant 
at a condition of things, by which 
they are obliged, besides paying 
their own spiritual teachers, to 
contribute their tithes to the sup- 



port of a clergy whose peculiar 
doctrines they deem erroneous, 
and who also enjoy the entire re- 
venue of lands, appropriated to the 
support of religion, at a time when 
all the inhabitants of the country 
were of one creed. Is there not rea- 
son for the aristocracy to fear, that 
the dissenters and catholics, who, 
together, form more than half of 
the population of Great Britain and 
Ireland, uniting with the friends of 
religious liberty belonging to the 
establishment, may use their newly 
acquired powers to attempt the 
substitution to the existing church 
establishment of the French prin- 
ciple, where the state pays all the 
teachers of religion moderate sti- 
pends, or that of the United States, 
where they depend on the support 
of their parishioners ? In despite 
of the restrictions in their declara- 
tions and oaths, the unfettered ad- 
mission of the catholics and dis- 
senters to parliament, affords them 
an influence for consummating this 
object, which they could not have 
had without the possession of this 
political power. The then general 
state of Europe, the condition of 
the finances, and the internal diffi- 
culties of Ireland, constituted strong 
motives for passing the emancipa- 
tion bill, and its abstract justice no 
one can question ; but looking 
merely to the ascendency either of 
the church, or of the aristocracy, 
whose interests the legislature has 
usually deemed synofiymous with 



GREAT BRITAIN. 



175 



those of the nation, its policy may 
well be questioned. There are 
many cases in which the maxim 
ce n'est que le premier pas qui coute, 
applies. 

The space which they fill in the 
journals of the day, prevents our 
passing over two events, which 
may be regarded as episodes to 
the great measure of catholic re- 
lief. We refer to the personal 
rencontre between the Duke of 
Wellington and Lord Winchelsea, 
and the attempt of Mr. O'Connell 
to take his seat as a member of 
the house of commons. 

To understand the former of 
these matters, it may be proper to 
observe, that, in 1826, several 
gentlemen, belonging to different 
religious societies, laid the founda- 
tion of a university in London, 
where no high seminary of educa- 
tion had previously existed. To 
render it an object of universal 
support, they excluded from it all 
provision for religious instruction, 
which, as the students resided with 
their parents or guardians, seemed 
less necessary than in colleges 
formed on a different plan. The 
attempt to establish this new insti- 
tution was, at first, regarded as 
unfriendly to the ancient universi- 
ties of Oxford and Cambridge, 
which had previously possessed the 
monopoly of furnishing a finished 
education ; and it was subsequently 
opposed by the church of England, 
as tending to promote infidelity, or, 
at least, sectarianism. As the best 



means of obviating its anti-reli- 
gious or anti-episcopal effects, it 
was proposed by the friends of 
the established church, to form 
a rival university, in which reli- 
gious instruction, in its tenets, 
should hold a prominent place. 
In this enterprise the Duke of 
Wellington co-operated, by pre- 
siding at the meeting called for the 
purpose, and heading the subscrip- 
tion list. The measure was warm- 
ly taken up by the zealous religion- 
ists, and among them by the Earl 
of Winchelsea, who belonged to 
the stricter party in the church. 
This nobleman, connecting the ex- 
clu'sion of the catholics from pow- 
er, with the ascendancy of protes- 
tantism, was excessively violent in 
his opposition to the relief bill ; 
and, in the course of the proceed- 
ings respecting that measure, was 
induced to reflect, in, strong terms, 
on the motives of the Duke, in 
countenancing the establishment 
of the new college. In a letter to 
the secretary, dated March 14th, 
1829, withdrawing his subscription, 
he says : 

" I was one of those who, at. 
first, thought the proposed plan 
might be practicable, and prove an 
antidote to the principles of the 
London university. I was not, 
however, very sanguine in my ex- 
pectations, seeing many difficulties 
likely to arise in the execution of 
the suggested arrangements ; and 
I confess that I felt rather doubtful 
as to the sincerity of the motives 



176 



ANNUAL REGISTER, 1827-8-U. 



which had actuated some of the 
prime movers in this undertaking, 
when I considered that the noble 
duke, at the head of his majesty's 
government, had been induced, on 
this occasion, to assume a new 
character, and to step forward him- 
self, as the public advocate of reli- 
gion and morality. 

" Late political events have con- 
vinced me, that the whole transac- 
tion was intended as a blind to the 
protestant and high church party ; 
that the noble duke, who had, for 
some time previous to that period, 
determined upon " breaking in 
upon the constitution of 1688," 
might the more effectually, under 
the cloak of some outward show 
of zeal for the Protestant religion, 
carry on his insidious designs, for 
the infringement of our liberties, 
and the introduction of popery 
into every department of the state." 

A demand for an explanation 
having been made and declined, a 
challenge from the Duke of Wel- 
lington ensued* The opinion of 
the world was more operative than 
even religious scruples on the 
mind of the evangelical nobleman, 
and a duel took place, which, how- 
ever, was fortunately attended with 
no fatal results. 

The other event, to which we 
allude, was the attempt made by 
Mr. O'Connell to take his seat, on 
the 15th of May. The relief bill 
was made prospective in its provi- 
; and, consequently, he stood 



in the same position as if it had 
never been passed. He had, how- 
ever, declared before his election, 
that he could sit without taking the 
obnoxious baths ; but the majority 
decided otherwise ; and on his re- 
fusing to be qualified, according to 
the old law, a new writ was or- 
dered to issue for Clare. Mr. 
O'Connell was again returned, but 
not till after the prorogation of 
parliament, on the 24th of June. 

This individual, whom circum- 
stances raised to temporary im- 
portance, has given, in the public 
papers, as well as in the discussion 
of his right to a seat in parliament- 
sufficient indications of the nature 
of the claims which he posesses 
to the consideration of the coun- 
try ; and, it may be confidently 
predicted, that his career of dis- 
tinction will terminate so soon as 
he is permitted peaceably to occu- 
py his place in the commons. 

A subject, which, in some of its 
bearings, has a strong analogy to 
the plan of our African Coloniza- 
tion Society, occupied a good deal 
of attention in the early parts of 
the period under review. The 
great extent of pauperism, espe- 
cially in Ireland, was ascribed to 
the redundant population ; and it 
was supposed, that, by sending to 
the North American colonies a 
large number of the peasantry 
from that country, as well as from 
some of the districts of England 
and Scotland, and faking down a 



GREAT BRITAIN. 



proportionate number of the cotta- 
ges, the supply of work to the re- 
maining labourers in the United 
Kingdom, and, consequently, their 
command over the means of sub- 
sistence, would be greatly in- 
creased. Having once raised the 
conventional necessaries of life, it 
was conceived that the population 
might thereafter be kept within 
such limits as would relieve the 
country from the apprehension of 
that great distress, which now re- 
sults from any temporary depres- 
sion in the ordinary branches of 
business, and which threatens the 
peasantry with absolute starvation, 
the moment that any of their ac- 
customed sources of support are in 
any way affected. 

The opinion of the benefits re- 
sulting from a well regulated sys- 
tem of emigration, not only to the 
parties removing, but also to those 
remaining behind, had led socie- 
ties and individuals, in different 
parts of the kingdom, as well as 
the government, to afford it pe- 
cuniary and other encouragements. 
The committee of the house of 
commons, which considered this 
subject in 1827, made a long re- 
port, recommending a plan of emi- 
gration, for which advances were 
to be made by the public, to be re- 
paid by the individuals receiving 
their assistance. It was stated, 
that in 1825, 2,024 persons were 
removed to Canada, for an expense 
af 43,145, including their set- 

VOL. Ill 



tlement and sustenance, up to the 
period at which their crops enabled 
them to provide for themselves. 
It was suggested, that by a loan of 
1,140,000, 19,000 families, em- 
bracing 95,000 individuals, could 
be removed in three years, and 
that this might be effected without 
any sensible burthen to the coun- 
try, as the interest, including one 
per cent, for a sinking fund, might 
be discharged by a thirty years' an- 
nuity, to be paid by the settlers. 
The plan, it was added, was sus- 
ceptible of any desirable exten- 
sion. But a system of general 
emigration, though earnestly sup- 
ported in parliament, and sustained 
by the countenance of some of 
the most distinguished economists, 
and by the success which at- 
tended the partial experiments of 
government, never obtained the 
sanction of a law. 

In both of the sessions which 
fall within the purview of this 
chapter, the silk trade formed an 
important subject of discussion ; 
and we refer to it, to show the 
views professed by the present mi- 
nistry, respecting the encourage- 
ment of the manufactures of the 
country, as well as the practical 
operation, while ho retained his 
connexion with the government, of 
Mr. Huskisson's economical prin 
ciples. 

The subject was brought forward 
in August, 1828, on a proposition 
to continue in force a temporary 



17b 



ANNUAL REGISTER, 1827-8-9. 



law, which would have expired in 
the following October. Though, by 
the general consolidated statute of 
1825, the law prohibiting the im- 
portation of raw silk, was repealed 
from 5th July, 1826, and the duties 
on it fixed at 30 per cent., this re- 
gulation never went into effect. 
By an act of 26th May, 1826, 
made with the avowed purpose of 
merely changing the mode of levy- 
ing it, the ad valorem duty was 
suspended, till 10th October, 1828, 
and a duty, regulated by the weight, 
was imposed. This law made, in 
fact, an augmentation in the rates, 
from 30 per cent., at which amount 
it had been intended originally to 
fix them, to duties varying from 45 
to 80 per cent, on the value of the 
mportations. This result is sup- 
posed not to have been produced 
by an error in the calculations, as 
avowed, but to be ascribable to a 
disposition to make the change of 
system less decided, than was at 
first proposed. 

If the temporary law had been 
allowed to expire and no further 
legislation had taken place, the 
permanent duties of 30 per cent, 
would have come into force in Oc- 
tober, 1828 ; but the new adminis- 
tration, not being willing to at- 
tempt a measure of which Mr. 
Huskisson, when in office, had 
never assumed the responsibility, 
introduced into the customs' bill a 
clause, continuing the existing du- 
ties for a year. This led to a warm 



debate, in which the full operation 
of a system, substituting moderate 
duties to prohibition, was contended 
for by the ex-ministers, while de- 
lay was asked by the vice-presi- 
dent of the board of trade. The 
administration, however, finally 
succeeded, after having yielded to 
Mr. Grant, (the late president of 
the board of trade,) an amend- 
ment, limiting the duration of the 
rated duties to the end of the next 
session of parliament. 

During the recess, great distress 
occurred among those engaged in 
the silk trade, which, by the advo- 
cates of the restrictive system was 
ascribed to the admission of fo- 
reign commodities, at comparative- 
ly moderate duties, and by all the 
friends of free trade, to smuggling, 
encouraged by the imposition of 
rates still too high. The presi- 
dent of the board of trade, Mr, 
Fitzgerald, in discussing the subject 
on the 14th of April, 1829, support, 
ed the latter opinion, and also attri. 
buted many of the difficulties, 
under which the manufacturers 
laboured, to the high duties on raw 
and thrown silk ; the same system 
prevailing, in England, as has 
been adopted in most other coun- 
tries, of counteracting the ad- 
vantage to the manufacturer from 
high duties on the imported article 
in its finished state, by levying 
charges almost equally restrictive, 
on the raw material, procured from 
abroad. The government no 1 * 



GREAT BRITAIN. 



proposed as a remedy against smug- 
gling, to bring into effect the prin- 
ciples of the act of 1525, retaining 
so much protection to the home 
manufacturer that the lowest duty 
on silk goods, not from India, might 
be equivalent to 25 per cent, ad va- 
lorem. On India silks, the duties 
were to be 20 per cent. The new 
bill proposed to unite the principle 
of an ad valorem with that of 
the rated duty. "It was conve- 
nient," Mr. Fitzgerald said, " both 
for the importers, and the revenue, 
to continue to take the duty by 
weight ; but to prevent the impor- 
tation of articles of a high value, 
and of a finer order, of which the 
value cannot be defined, or mea- 
sured by a rated duty, it was propo- 
sed that the officer should have 
the power of charging the same, 
by a duty on the value." He, how- 
ever, declared, that the rated duties 
were now so arranged as not to ex- 
ceed 30 per cent, ad valorem. 

As before the customs' bill of 
1828 was passed, intelligence had 
been received of the enactment of 
a new tariff in the United States, 
by which duties on many articles 
usually received from England, 
were greatly augmented, it was 
proposed to meet its provisions by 
corresponding regulations, that 
might bear injuriously on the pro- 
ductions of the United States. 

By the commercial convention 
between the two powers, it is stipu- 
lated that no higher or other duties 



shall be imposed on the importa- 
tion, or exportation of the produc- 
tions, &c. of each country, to or 
from the other, than on like articles, 
the productions, &c. of other foreign 
countries. On the 18th of July, 
1 828, Mr. Huskisson, then no longer 
minister, availed himself of a mo- 
tion, for the production of the 
American tariffs, to make some ob- 
servations on the policy pursued 
by the United States, in relation to 
manufacturered articles, usually 
received from England ; and he in- 
timated that she might retaliate, 
either by selecting for high duties, 
the articles ordinarily imported 
from the United States, or by an- 
nulling the commercial convention, 
to which either party was at liberty 
to put an end, on giving twelve 
months' notice. To the latter part 
of the alternative, the ex-minister 
appeared to give the preference. 
Mr. Grant, the late president of the 
board of trade, is reported to have 
declared the new American tariff, 
to be an infraction of the commer- 
cial convention ; and Mr. Huskisson 
seemed disposed that the public 
should understand that the low 
duties, existing in 1815, operated 
as the motive for making a treaty 
of commerce, and that there was 
an obligation on our part to con- 
tinue them unchanged. We will, 
however, give the remarks of Mr. 
Huskisson, and of some of the other 
speakers, according to the reports 
of the day ; only adding, by way 






AMNl'AL REGISTER, 182T-8-9. 



of explanation, that the ques- 
tion; whether the discrimination 
between hammered and rolled iron, 
was an infraction of the treaty, was 
fully discussedby the plenipotentia- 
ries of the t\vo powers, and the 
convention signed after the Ameri- 
can negotiator, had distinctly declar- 
ed that he could agree to no article, 
which should exclude the interpre- 
tation, that had been given by the 
United States, to the words " like 
articles," as used in the treaty 
about to be renewed. 

" Mr. Huskisson, on rising to 
move for copies of the American 
tariffs of 1824 and the present year, 
with any communications from his 
majesty's ministers in the United 
States on the subject, said it was ne- 
cessary, before the close of the ses- 
sion, to take some notice, not of the 
intention, perhaps, but of the ten- 
dency of certain acts which had 
been lately passed in the United 
States, detrimental to their own in- 
terests, but certainly calculated 
greatly to injure and impede the 
trade and manufactures of Great 
Britain. In 1815, a convention was 
entered into for four years, which 
was not introduced by him, but 
which was nearly one of the first of 
those reciprocity treaties that had 
been so much abused. The simple 
principle was this : That all arti- 
cles, the growth, produce, and 
manufacture of either country, 
should be received in either upon 
(Tulies as low as those paid upon any 



the like articles the growth, produce 
or manufacture of any other coun- 
try ; and further, that there should 
be no discriminating duties in re- 
ference to the national character of 
the respective ships. In 1818, it 
was renewed. At this period, when 
we were exploding the doctrine of 
prohibition, it was adopted by the 
Americans with reference to the 
great staple manufactures of Eng- 
land. About the same time, the 
convention was violated by the 
United States imposing an addi- 
tional duty on iron rolled instead of 
beaten into plates, which was an 
increase occasioned merely by the 
improvement in the mode of manu- 
facture. This country remonstra- 
ted, but without effect ; though on 
the renewal of the convention the 
principle was conceded, and it was 
also agreed that the treaty should 
be dissolved on either party giving 
twelve months' notice. Since that 
period the American congress has 
added other duties, particularly up- 
on wool, hardware, and cotton, and 
those duties were so great as to 
amount almost to a prohibition ; and, 
as in the year before, the proposi- 
tion for an increase was rejected by 
a majority of one ; in the year 1828 
it was carried by a great majority. 
But he understood that those best 
informed upon such subjects in the 
United States, looked upon the in- 
crease as highly prejudicial to their 
interests. Certain it was, that 
pverv country looked to its own 



GREAT BRITAIN. 



Is) 



interests, and on that principle he 
did not complain of the United 
States ; but on that principle also 
was it that we ought to look to our 
own course, so as to counteract that 
feeling in others. He was not one 
of those who advocated a system of 
prohibitory warfare ; but if we did 
not adopt some course of the kind, 
we should forfeit our claim to im- 
partiality, and justify complaints on 
the part of the countries, who were 
dealing with us in a fairer and juster 
manner. The people of the United 
States deceived themselves, if they 
supposed that we had not ample 
means of manifesting our feelings, 
even under the convention ; but it 
was, however, open to us to put an 
end to that convention by due notice 
given, and this was, in his opinion, 
the more manly course. The princi- 
pal exports of America tobacco, 
rice, cotton, and turpentine were 
not manufactured in this country, 
but were merely sent to this country 
for consumption, and with those 
articles it would not be difficult to 
supply ourselves from other sources. 
He believed, that this tariff owed its 
existence less to the opinion that it 
would promote national objects, 
than electioneering purposes. It 
was not a matter of surprise, that 
party should prevail in a country 
where the supreme executive power 
was an object of competition, not 
twice in an age, but once every four 
years. He observed, that these 
measures were generally brought 



forward at the period of these 
elections, with reference to the ex- 
citement of the people. 

" While the trade of the United 
States with this country amounted 
to one half of all the exports of their 
own production, it formed only one 
sixth of the whole trade of this 
country. He would leave it to the 
sober and temperate consideration 
of those, who ought to be the rulers 
of the destinies of that country, to 
decide whether it was a safe game, 
for them to risk one half of their 
trade, in order to impede us in a 
branch of our commerce, which was 
only one sixth of our whole foreign 
trade. So far from retaliating, he 
would leave the American govern- 
ment to find out the folly of their 
proceedings ; and he had no doubt 
they would soon repent the day they 
adopted this weak and absurd poli- 
cy. He was of opinion, that for 
every pound of injury the tariff 
would inflict upon England, the 
injury to America would be four- 
fold. 

" Mr. Hume said, nothing rankled 
more in the breasts of the Ameri- 
cans, than our exclusion of their 
corn. This was the staple of half 
the country and it was by the influ- 
ence of those states which grew 
corn, that this unwise and impolitic 
tariff had been passed. 
- " Mr. Peel said, it was a mistake 
to suppose the tariff was retaliatory 
with reference to its own particular 
measure, for in the very year, that 



18*5 



ANNUAL REGISTER, 1827-8-9. 



it was introduced we had relaxed in 
our regulations respecting Ameri- 
can corn. He had no objection to 
the production of the documents, 
from which he gathered sufficient to 
prove to him, that the security of 
America would before long induce 
that country to recall the present 
step, as it must necessarily lead to 
considerable suffering there, if con- 
tinued ; and in the mean time he 
was glad that circumstances pre- 
vented the possibility of our adopt- 
ing any retaliatory system, as the 
only effect likely to be produced by 
such a course would be, its being 
taken wrong by the Americans, and 
leading to still further steps." 

The motion was then ageed to. 

Mr. Huskisson, had, on a pre- 
vious day, advocated the entire 
removal of the duty on East India 
rice, founding his proposition on 
the fact that " the United States of 
America now furnished rice to 
Great Britain, and he thought that 
the conduct, which they had re- 
cently displayed, did not warrant 
England, in continuing to them 
what they had no disposition to 
give her, in return." Mr. Cour- 
tenay, (Vice President of the board 
of trade,) replied that it had been 
already determined to lower this 
duty to a rate nearly nominal. 

Mr. Peel gave no clear expla- 
nation of the course, that the go- 
vernment might ultimately adopt, 
by way of retaliation. The re. 



duction of the duties on rice and 
cotton, from the British possessions, 
is, however, ascribed to a desire 
of diminishing the importations of 
these articles from the United 
States. There were also, other 
provisions in the customs' bill, in. 
tended to bear disadvantageously 
upon the navigation of the United 
States, but they were rendered in 
operative by the paramount autho- 
rity of the existing convention. 

An additional discriminating duty 
of 3d. per Ib. on stemmed tobacco, 
from foreign countries, with a view 
of reaching the description usually 
received from our southern states, 
was also proposed, but withdrawn 
on account of a pledge that had 
been given to the manufacturers 
not to change the impost on 
this article, without previous no- 
tice. 

The principle of this duty was 
defended, on the ground, that it 
would peculiarly affect the Ame- 
rican trade, without contravening 
the words of the treaty, and a pre- 
cedent, for such a course of pro- 
ceeding, it was said, was to be 
found in the tariff of the United 
States, in the case above alluded to, 
where iron, manufactured by roll- 
ing, the kind sent from England, 
was taxed on its importation, at 
a much higher rate, than hammer- 
ed iron, the description usually re- 
ceived from Sweden. 

At the session of parliament of 



GREAT BRITAIN. 



183 



18'29, the subject of the American 
tariffwas again brought forward,and 
much of the distress that the Eng- 
lish manufacturers had experien- 
ced, during the preceding season, 
was imputed to its operation. No 
retaliatory measures were propo- 
sed by government, in consequence, 
as was alledged, of the impres- 
sion that prevailed, that the new 
administration at Washington, rai- 
sed to power by the influence of 
the southern states, would recom- 
mend to congress important modi- 
iications in it. 

By the commercial convention, 
originally concluded between the U. 
States and Great Britain in 1815, as 
we have seen, no distinction could be 
made in the ports of either country 
in favour of its own navigation, em- 
ployed in the direct intercourse 
with the other. England had pre- 
viously made a similar treaty with 
Portugal, and in 1824-5 conven- 
tions of the same kind, or like 
arrangements by mutual legisla- 
tion, were entered into with seve- 
ral of the northern powers, in ac- 
cordance with a general act of par- 
liament to that effect. The stipu- 
lations in all these agreements 
were, however, confined to the 
trade with the mother country ; 
but in 1825 the intercourse with 
the colonies was offered to all pow- 
ers having colonies which should 
admit British vessels into them, on 
equal terms ; and to those not hav- 
ing colonies, on condition of their 



giving to the vessels of Great Bri- 
tain, and of her colonies in their 
ports, the privileges of the most 
favoured nation. The circum- 
stances which led to the interrup- 
tion of the intercourse between the 
United States and the English 
West Indies, have been heretofore 
stated. We will therefore only re- 
mark at this time, that, though 
other powers were urged to adopt 
the measures required by it, the 
act of 1825 was never officially 
communicated to the American 
government, who considered the 
negotiations of 1824 respecting 
the colonial trade to be suspended, 
not terminated. The fact is, that 
the ship-owners were very much 
displeased with the principles of 
the reciprocity acts of 1823-4, and 
the ministers seized with avidity, on 
the omission of the American con- 
gress to pass the laws necessary to 
entitle the U. States to the provi- 
sions of that of 1 825, in order to close 
the West India trade against us. 
That, if it had not been for this ex- 
pedient, some other means would 
have been resorted to, which would 
have effected the same object, is 
apparent from the manner in which ' 
England adhered to her decision, 
after the willingness of the United 
States to come into her own pro- 
positions, had been avowed. The 
effect of the measure has, however, 
been principally disadvantageous 
to the British West Indies. There 
are physical reasons, which oblige 



184 



ANNUAL REGISTER, 1827-8-u. 



them to have recourse to us for 
their supplies. The North Ame- 
rican provinces do not raise more 
bread stuffs, than they themselves 
consume, and for many articles, the 
length of the voyage from Europe 
is a prohibition to a supply from 
that source. The result, therefore, 
is, to compel the West Indians to 
purchase our productions, received 
through a neutral island, and load- 
ed with a charge of double freight. 

Much of the acrimony of the 
correspondence between Mr. Gal- 
latin and the British government 
was, no doubt, to be ascribed to 
the particular views of Mr. Can- 
ning and Mr. Huskisson ; but the 
relative circumstances of the two 
nations, as maritime powers, must 
always produce great rivalry be- 
tween them. 

The subject of the navigation 
laws has at every session since the 
extension of the principle of reci- 
procity, occupied more or less of 
the attention of parliament. The 
motives, which have of late years 
governed the policy of England, 
were distinctly avowed in several 
speeches made by Mr. Huskisson, 
while at the head of her commer- 
cial administration. They may be 
comprised in two propositions ; 1. 
The threats of retaliation, by other 
states, through countervailing re- 
strictions on British navigation ; 
2. The desire of giving, as far as 
practicable, to countries, that do not 
aspire to become great naval pow- 



ers, the portion of the navigation 
of the world, which Great Britain 
cannot engross. 

In speaking, indeed, of the 
exclusion of the United States 
from the West India trade, Mr. 
Huskisson, on one of the occasions 
referred to, thus expressed himself: 
" I have always understood, that 
the primary object of the naviga- 
tion laws being to maintain for our- 
selves a great commercial marine ; 
the next great principle of those 
laws was, to prevent too great a 
share of the foreign carrying trade 
being engrossed by any one particu- 
lar country. Was it, then, a subver- 
sion of our navigation system, to 
invite such powers as Prussia, Den- 
mark, Sweden, the Hanse towns, 
dec. to participate with the United 
States, in the trade, which we had 
permitted to the latter with our sugar 
colonies? Which of those powers 
is aspiring to raise a commercial 
marine, to preponderate over that 
Great Britain? Which of those 
states is, year after year, augment- 
ing its military marine, by building 
ships of war of the largest class ? 
Which of those powers possesses 
a formidable navy, and is looking 
forward to the time, when it ex- 
pects to wrest from this country its 
sway upon the ocean ?" 

The commercial conventions of 
1810 with Portugal, and of 1815 
with the United States, were car- 
ried into effect by express legisla. 
tive enactments, made in confonni- 



GREAT BRITAIN. 



185 



t,y with their provisions, which is 
the course usually pursued, when 
a treaty contravenes existing sta- 
tutes. But, in 1823 and 1824, two 
laws, commonly called the recipro- 
city acts, were passed, proposing 
to all countries, that would afford 
the same privileges to British navi- 
gation, an equality of charges on 
the vessels, and of bounties and 
duties on the exportation or impor- 
tation of all merchandise, that may 
be legally exported from, or import, 
ed into, the United Kingdom, in 
foreign vessels, whether the expor- 
tation or importation be in British 
shipping, or in that of the country 
with which the reciprocity is es- 
tablished. In 1825 and 1826, a 
general consolidation of the English 
commercial code was made, and 
about one hundred and fifty old 
statutes were repealed. The reci. 
procity acts were, however, left un- 
touched, and treaties on the prin- 
ciples established by them have, 
through the intervention of orders 
in council, been rendered opera- 
tive with the following powers, viz. 
Prussia, Sweden and Norway, Ha- 
nover, Denmark, the Hanse-towns, 
Oldenberg, Mecklenburg Schwerin, 
Mexico, Colombia, the provinces of 
the Rio de la Plata, and Brazils. 

An order in council of 16 July, 
1827, issued under the authority 
of the act of 1825, to regulate the 
trade of the British possessions 
abroad, interdicts the intercourse 
the West Indies to those na. 

VOL. m. 



tions, which had failed to fulfil the 
conditions required by it, except 
to France, whose compliance is 
said to have been partial, and who 
is admitted to a certain extent, and 
to Russia, to whom the trade is 
opened, as a matter of favour. The 
powers enumerated as having en- 
titled themselves to the privileges 
of the act, are, Prussia, Hanover, 
Sweden and Norway, Oldenberg, 
the Hanseatic Republics, Colombia, 
the United Provinces of the Rio de 
la Plata, and Mexico, to which 
Spain, and in consequence of the 
treaty with her, Brazils, were after- 
wards added. This order in coun. 
cil repeated the interdict of the 
previous year against the United 
States. 

On 31st December, 1827, the 
registered tonnage of the United 
Kingdom was 2,150,605 tons ; of 
Jersey, Guernsey, and Man, 30,533, 
and of the British plantations 
abroad, 279,362. The correspond, 
ing amounts had been, in 1826 S for 
the United Kingdom, 2,382,069, for 
Jersey, Guernsey and Man, 29,362, 
and for the British plantations 
224,183. The tonnage built and 
registered in the United Kingdom 
in 1827, was 93,144 ; and in the 
whole empire, 145,809 : to which 
these amounts had respectively 
fallen from 118,363, and 207,088, 
since 1826. 

It is also proper to remark, that 
the above-mentioned sums comprise 
all the, tonnage entitled to the priri^ 
24 



186 



ANiNUAL REGISTER, 1827-b-9< 



leges of British vessels, the acts of 
parliament only excepting from the 
operation of the registry acts, those 
under fifteen tons burthen employ- 
ed in the river navigation, or on 
the coast of the United Kingdom, 
or of the possessions abroad, and 
vessels under thirty tons engaged 
in the Newfoundland fishery, &c. 

The American tonnage, regis- 
tered and enrolled, which corres- 
ponds with the British registered 
tonnage, and with which it is there- 
fore to be compared, was, in 1828, 
1,706,230.* The ships built in 
1828, enrolled and registered, com- 
prised 98,375 tons. Thus it would 
seem that the navigation of the 
United States is increasing more 
rapidly than even that of Great 
Britain, if her foreign possessions 
be excluded from the calculation. 
It will also be found, that while in 
the entire trade between the United 
States and the powers with which 
they have treaties of commerce, 
three fourths of the tonnage is 
American, in the trade between 
the same powers and Great Bri- 
tain, the foreign tonnage rather ex- 
ceeds the British. 

By the treaty with Brazils, laid 
before the two houses, at the open- 



ing of parliament in 1828; be- 
sides reciprocal stipulations for 
equality as to the duties and draw- 
backs, whether the goods be ex. 
ported in the ships of the one or of 
the other country, according to the 
provisions of the general acts on 
that subject, and a provision as to 
liberty of trade with all ports not 
closed to every power, Brazil 
binds herself that all British goods, 
either from the mother country or 
colonies, may be admitted, on pay- 
ing a duty not to exceed 15 per 
cent, ad valorem, which is the same 
provision that was secured to Eng- 
land by the effect of the Methuen 
treaty, but for which she then gave 
to Portugal an equivalent in the 
favours extended to the wines of 
the latter power. 

In the treaty between Great Bri- 
tain and Mexico, there is a stipula- 
tion of the same nature with the 
one contained in that concluded 
with Buenos Ayres and Colombia, 
viz. that the Mexicans shall enjoy 
the liberty of navigation in the 
British dominions out of Europe, 
" to the full extent in which the 
same is permitted at present, or 
shall be permitted hereafter, to any 
other nation." This provision in 



* la consequence of considering the term registered tonnage to be co-extensive, as 
employed in the laws of the United States and Great Britain, some errors were 
made in a recent report of the Committee of Commerce of the House of Represen- 
tatives, (Feb. 1830.) A comparison was instituted between the entire Biitish ton- 
nage and the American foreign tonnage, to the great disadvantage of the latter ; 
and taking the repeated entries at the custom house, the British coasting tonnage is 
stated to have been in 1827, 8,648,868 tons, when in fact at that time the whole 
tonnage, employed in the foreign and coasting trade of the United Kingdom, ex- 
cluding foreign possessions, was only 2jl50,605 



GREAT BRITAIN. 



167 



the treaties with the new American 
states, concluded as they were in 
1825 and 1826, at the time when 
Great Britain refused even to ne- 
gotiate with us on the subject of 
the colonial trade, may not be un- 
worthy of notice, as throwing ad- 
ditional light on that policy, which 
had in view the creating of com- 
mercial rivals to the United States 
a policy, as we have seen, clear- 
ly avowed in the speeches of Mr. 
Huskisson, delivered in the House 
of Commons, at that period. 

Though Mr. Gallattn's negotia- 
tions on the West India trade were 
not crowned with success, he con- 
cluded during his mission (1826-7) 
four conventions, one of which, 
making indemnity for slaves taken 
away in violation of the treaty of 
Ghent, was ratified in the early 
part of 1827. The ratification of 
the others, having for their objects 
the renewal of the commercial 
convention of 1815, respecting the 
trade with the mother country, (al- 
ready extended for ten years in 
1818,) for an indefinite period, but 
to be terminated at the option of 
cither party, on giving twelve 
months' notice the continuance, 
on the same conditions, of the 
third article of the convention of 
1818, relative to the joint occu- 
pancy of the country beyond the 
Rocky Mountains; and the refe- 
rence to a friendly sovereign or 
state, of the determination of the 
northeastern boundary of the Uni- 



ted States, were exchanged at 
London on the 2d of April, 1828, 
by the American charge d'affaires, 
and Messrs. Grant and Adding- 
ton, who had been the British 
plenipotentiaries for concluding the 
treaties. 

In pursuance of the provisions 
of the last convention, immediately 
after its ratification, negotiations 
were commenced between Mr. 
Lawrence and the English secre- 
tary of state, which resulted in the 
selection of the King of the Ne- 
therlands as sovereign arbitrator, 
before whom the question of the 
boundary line is, therefore, now 
pending. 

On the frontier, between Maine 
and New-Brunswick, was a small 
settlement of French Acadians, 
who had established themselves 
there at the time of the expulsion 
of their countrymen from the pro- 
vince during the seven years' war. 
These people had preserved a neu- 
tral character, never rendering al- 
legiance to the United States, or 
to the neighbouring British pro- 
vince, and of late years they had 
been joined by emigrants both from 
Maine and New-Brunswick. The 
district occupied by them, was 
within the territory claimed by the 
British and American governments 
respectively. Occasional acts of 
sovereignty had been exercised by 
each party, but apparently without 
the knowledge or assent of the 
other. Within a very recent pe- 



Y.VMJAL REGISTER, 1827-8-<J. 



riod, however, New-Brunswick 
had undertaken to extend her mili- 
tia laws, and her criminal jurisdic- 
tion over them ; and in consequence 
of the arrest of John Baker, an 
American citizen, for an alleged 
misdemeanour, (whose case was re- 
ferred to in the last volume,) a long 
discussion was carried on, both at 
Washington and London, which in- 
volved some interesting questions 
of national law.* The demands of 
the American government for the 
release of Baker, and the discon- 
tinuance of the exercise of British 
jurisdiction, were both declined, 
and in that situation the negotiation 
was left at the termination of Mr. 
Adams' administration. 

A, convention was also concluded 
with Spain in October, 1828, by 
which it was agreed that 900,000 
sterling should be paid by his Ca- 
tholic Majesty, in satisfaction of the 
claims of British subjects. 

The matters, however, of foreign 
policy, which, during both 1828 and 
1829, most particularly interested 
the British government, were the 
affairs of Portugal, and the war in 
the east of Europe. 

Mr. Canning had, during the ad- 
ministration of Lord Liverpool, pro- 
posed sending an army to Portugal, 
on the avowed ground of the obliga- 
tion of the treaties, by which Eng- 
land was bound to defend that coun- 
try against foreign invasion. The 



danger then apprehended, was iroju 
Spain. Such was the enthusiasm, 
with which the measure of sup. 
porting a constitutional government 
was received, that Mr. Hume, the 
habitual opponent of all expenses, 
was, on this occasion, almost alone 
in his condemnation of the policy. 
A little experience, however, soon 
tended to satisfy the minds of all, ex- 
cept the very sanguine friends of re- 
presentative government, that the 
mass of the people of Portugal 
themselves were far from desiring 
the blessings, which the Emperor 
Don Pedro had destined for them as 
his parting legacy. Indeed, the ne- 
cessary materials for forming the 
chambers were probably not to be 
found in the country. Thus the deli- 
berations of the cortes were marked 
with weakness and indecision. No 
attempt was even made to bring to 
trial, or to outlaw the notorious 
chief of the rebels, the Marquis D^ 
Chaves, who was heading an army 
on the frontiers of Spain. In the 
absence and minority of the titular 
queen, Donna Maria, and of Don 
Miguel, who was still at Vienna, 
whither he had gone after the dis- 
graceful insurrection against his 
father in 1824, the reins of govern, 
ment were held by a weak, igno- 
rant, and bigotted woman, the sis- 
ter of Don Miguel, and of the Em- 
peror Don Pedro. 

The disaffected looked to Don 



* See Public Documents. 



GREAT BRITAIN. 



L8 



>Iiguel as a prince disposed to put 
an end to the innovations in the 
constitution, and as one having, at 
least, plausible grounds to claim 
the crown. Accordingly, they 
rallied round him as the absolute 
king, and in his name was the re- 
bellion carried on. 

To remove all difficulties, the 
emperor of Brazil, instead of await, 
ing the fulfilment of the conditions, 
by which Don Miguel was to be- 
come regent, and the husband of 
the young queen, appointed him his 
lieutenant, to govern the kingdom 
of Portugal according to the con- 
stitutional charter. This office Don 
Miguel professedly accepted, in 
conformity with the terms on which 
it was granted. He sat out from 
Vienna to proceed to his govern- 
ment, and on his way thither ar- 
rived in London towards the end 
of December, 187. While in 
England he was received with the 
utmost courtesy by the king, the 
royal family, the principal nobility, 
and foreign ambassadors. The 
situation of the ministry, he having 
arrived on the eve of the dissolu- 
tion of Lord Goderich's cabinet, 
was unfavourable for obtaining any 
guaranties from the new sovereign 
of Portugal ; and while in London, 
he behaved with politic duplicity, 
not giving the slightest indication 
of his true designs. 

On his return to Lisbon, the 
oaths required by the charter were 
taken before the Cortes: but these 



forms were merely observed to 
gain time, and on the 14th of 
March, 18:48, the chambers were 
dissolved, and the Cortes of Lame- 
go the old estates of the king- 
dom, were called together, by 
whom Don Miguel was, on the 
26th of June, proclaimed king, a 
title which he two days afterwards 
assumed. The elevation of the 
new monarch was immediately fol- 
lowed by barbarities, the occur- 
rence of which could hardly have 
been deemed possible in this en. 
lightened age. 

In England, a large portion of 
the people were anxious that the 
constitutional charter should be 
avenged', and the conduct of the 
usurper in disregarding his plighted 
faith punished. The British am- 
bassador, in common with the di- 
plomatic representatives of all the 
other European powers, suspended 
his functions, as soon as Don Mi- 
guel clearly indicated his intention 
to act independently of his bro- 
ther's authority. But the cabinet 
of London determined to abstain 
from interfering in what they deem- 
ed an internal dispute ; and even 
the troops, that were still in the 
peninsula, were withdrawn. View, 
ing the authority of Don Miguel as 
that of a government de facto, 
England recognised the blockades 
which it had established. 

In a debate in the house of Iords 3 
a few days before the prorogation 
of parliament, the British policy, 



1'JU 



ANNUAL REGISTER, 1827-8-9. 



which was distinctly declared to be 
that of non-interference in the in- 
ternal affairs of Portugal, was ex- 
plained by the Duke of Wellington, 
and the Earl of Aberdeen. 

In conclusion, on this part of our 
subject, it may be observed, that 
the events which have taken place 
within the last two or three years, 
will probably have the effect of 
putting an end to that influence, 
which, for more than a century, 
has rendered Portugal virtually a 
province of the British empire. 

The war in the east of Europe, 
will elsewhere form a prominent 
topic of discussion. We will now 
briefly remark, that even with Mr. 
Canning, carried away as he some- 
times was, by the love of glory, 
(which could in no way be so well 
gratified as by becoming the libe- 
rator of Greece,) the real motive 
of adopting the protocol of St. Pe- 
tersburg, and the subsequent treaty 
of London of 6th of July, 1826, 
was to prevent Russia from turning 
the contest for the independence 
of the Morea, into one for her own 
aggrandizement. The British go- 
vernment was sensible, that both 
the ambition of the Czar, and the 
religious feelings of his subjects, 
prompted to a war with Turkey. 
If this enterprise was undertaken 
by Russia alone, she would, in 
the event of being victorious, dic- 
tate her own terms ; while, if other 
powers participated in the war, 
they might set bounds to the fruits 



of success. The obstinacy of the 
Porte defeated, in a great measure, 
the calculations of the English 
statesmen ; but when the fleet of 
Turkey was, on the 20th of Octo- 
ber, 1827, almost destroyed by the 
combined squadron of the three al- 
lies, public opinion in England but 
too well evinced the views of the 
country. On the arrival of the 
news in London } every one ex- 
claimed, " We have been fighting 
the battles of Russia ;" and even 
the king announced the victory 
to parliament as untoward. 

The hatti scheriff issued after 
the departure of the ambassadors 
from Constantinople, had so une- 
quivocally shown, that the object 
of the Turks, in all previous trea- 
ties, had been merely to gain time, 
and it admitted so many violations 
of positive conventions ; that, with 
no propriety could the right of 
making war, on her own account, be 
refused to Russia. On the mode 
in which the different classes of 
operations were to be carried on, 
were to depend the advantages 
of the respective allies ; and no- 
thing, it is believed, could ex- 
ceed the diplomatic skill with which 
the interests of Russia were main- 
tained, as well at London, where 
conferences were constantly held 
between the representatives of the 
three powers, as elsewhere. 

It was at first insisted, on the 
part of England, that the Emperor 
Nicholas, by becoming a bellige- 






GREAT BRITAIN. 



191 



rent, had put it out of the power of 
France and England to regard him 
any longer as a mediator. It was, 
however, subsequently agreed, that 
the contingent of Russia should be 
kept up in th Mediterranean ; and 
that her fleet should continue to 
act there as before the declaration 
of war, without reference to the 
hostilities elsewhere carried on 
against the Ottoman porte. For 
this apparently anomalous arrange- 
ment, a precedent was found in 
the convention of 1759, between 
Russia and Sweden, to which Den- 
mark subsequently acceded. This 
treaty, which not only had in view 
the general peace of the Baltic 
sea ; but particularly provided, that 
the Prussian commerce should not 
be interrupted, except in cases of 
contraband, or violation of block- 
ade, was entered into at a period 
when the contracting parties were 
at. war with the last mentioned 
power, and a Russian army was 
threatening Berlin. 

But though the king, in his speech 
closing the session of 1828, stated, 
that " his imperial majesty had 
consented to waive the exercise, in 
the Mediterranean sea, of any right, 
appertaining to his imperial majes- 
ty, in the character of a belligerent 
power;" yet, in the autumn of 
that year, the blockade of the Dar- 
danelles was established. This 
belligerent measure was maintain- 
ed, till the decisive victories of 
the next year led to the treaty of 



peace, between Russia and Turkey, 
by which, besides a large indemni- 
ty for the expenses of the war, and 
for losses of Russian subjects, and 
a confirmation of the ancient privi- 
leges of Wallachia and Molda- 
via, and the rights of the Servians ; 
the political existence of Greece 
was recognised. 

The proximity of the British co- 
lonies on this continent, the rivalry 
which already exists between the 
United States and them, in supply- 
ing Europe and the West Indies 
with many articles of great impor- 
tance ; and the effect which any 
change in their political condition, 
must produce on the balance of 
power in America, render the dis- 
cussions respecting the Canadas, 
which occasionally occupied the 
attention of parliament, during 
the two sessions under review, par- 
ticularly interesting to this country. 

It had been long admitted that 
the condition of the two provinces, 
was unsettled, and the tendency 
of affairs there was obviously to- 
wards some important and perma- 
nent change. The dissatisfaction 
in the Canadas was great, and was 
strongly impressed on the attention 
of the British ministry. A sketch 
of the causes of this discontent, natu- 
rally leads us to an examination of 
the condition of the two provinces. 
Lower Canada contains two class- 
es of inhabitants, as dissimilar from 
each other io habits, languages and 
usages, as those of France and 



ANNUAL REGISTER, 1627-8-i). 



England. The one consists of the 
descendants of the old French fami- 
lies by whom the colony was origi- 
nally settled, and the other of Bri- 
tish merchants, and emigrants, who 
claim with more than wonted na- 
tional arrogance, all the superio- 
rities which conquest confers and 
conquerors exact. 

The province has now been se- 
venty years under the British crown, 
and has for eight and thirty enjoyed 
the advantages of an English con- 
stitution ; and yet, it may be doubt- 
ed if the constitution has in any 
considerable degree changed the re- 
spective character of the inhabit- 
ants. We cannot say that any thing 
like coercion has been allowed to 
compress the Canadians into a fac- 
tion ; but although no persecution 
has taken place,the English have yet 
borne towards them a contemptuous 
demeanour naturally calculated 
to make them coalesce in sentiment, 
without giving provocation enough 
to turn them into enemies. In a 
word, the political condition of Low- 
er Canada may be said to resem- 
ble that of England after the Nor- 
man conquest. 

The relationship between the 
province and England, does not ap. 
pear to be well understood. Low- 
er Canada, according to the usual 
acceptation of the term, was really 
not a conquered country, but ceded 
or acquired by capitulation, upon 
conditions, sanctioned and hallowed 



by treaty. The British did not obtain 
an unrestricted mastership and do- 
minion, such as the Normans ac- 
quired over England, nor similar to 
the authority which the French in 
latter times, have exercised over 
so much of Europe. On the con- 
trary, the acquisition was rather of 
the nature of a confederation with 
England, than a conquest, inasmuch 
as the connexion was founded on 
certain stipulations as specific and 
vital as the articles of a national 
union. It probably was, in some 
degree, owing to respect for the 
terms of the capitulation and trea- 
ty, and to the difficulty of impro- 
ving the institutions of the country, 
without infringing on them, that the 
constitutional act was originally de- 
vised. 

By that act, the inhabitants be- 
came empowered to judge and de- 
termine for themselves, as to chan- 
ges in their laws and institutions : 
and the British legislature renoun- 
ced the right, so long as the act re- 
mained unaltered, of interfering 
with the internal concerns of the 
province. But the renunciation 
has not been very strictly observ- 
ed ; instances of interference, es- 
pecially in the Canada trade act, 
have taken place ; and these have 
had the effect of sowing distrust 
among the inhabitants. 

Another cause of discontent, is 
to be found in the national habits 
of the two classes of the popula. 




t^REAT BRITAIN. 



193 



tion, and in the uncongenial cold- 
ness and distrust of the British 
settler. 

Of all people, the British are the 
least disposed to amalgamate with 
others ; too conscious of good in- 
tentions, they will not take the trou- 
ble to conciliate by the minor morali- 
ty of manners ; and thus it has hap- 
pened, that they are mingled with the 
Canadians as water is with oil, mix- 
ed but not incorporated. 

Religion has had also some ef- 
fect in preventing that social amal- 
gamation between the two classes, 
without which no community can 
ever be either satisfied, or well or- 
dered. 

The Canadians are universally 
Roman Catholics ; the British, 
though of different sects and deno- 
minations, are in general Protest- 
ants. The former, averse to re- 
ceive, as they deemed it, the taint 
of education ; the latter, impatient 
to force it upon them. It was not 
till the year 1824, that the house of 
assembly, the majority of which is 
Canadian, would permit parish 
schools to be formed ; and then 
the law only allowed their establish- 
ment, so far as the parishes chose 
to educate their own children. This 
measure, partial as it was, would 
not have been carried, had not Lord 
Dalhousie himself, taken a strong 
personal interest in it. 

Upper Canada is also disturbed 
from causes peculiar to itself. Be- 
sides the discontents arising from 

VOL. HI. 



the system of espionage, encour- 
aged by Sir Peregrine Maitland, 
and the disputes relative to the ju- 
diciary of the province, there were 
others, resulting from the character 
of its population. The settlers of 
this province, are composed of 
three distinct classes. 

Upper Canada was originally- 
settled by persons in necessitous 
circumstances ; American refu- 
gees, loyalists, as they were deno- 
minated, who emigrated from the 
United States at the era of their 
independence. These persons re. 
ceived grants of land, many of them 
pensions, and some were entitled 
to half pay. 

Upon this foundation, a super- 
structure was raised ; a layer of 
merchant adventurers and trades- 
men. By the former, in the shape 
of wares and merchandise, some 
capital was introduced into the 
country; and by the latter, who 
were paid for their labour in goods, 
houses and buildings of a better 
order than consisted with the cir- 
cumstances of the inhabitants, 
were erected. By this, the coun- 
try had prematurely the appear, 
ance of being settled by a class 
of persons, superior to those who 
are commonly the pioneers of a co- 
lony, while, in fact, the reverse was 
the case. There was no wealth 
among them, little education, inso- 
much, that few who made money 
in the country, thought of remain- 
ing there to spend it. 

25 



lu-i- 



ANNUAL REGISTER, 1827-S-&. 



Besides these two classes, there 
was a third, consisting of military 
settlers, under the auspices of go- 
vernment, and of emigrants from 
Great Britain, and the United 
States. 

The inhabitants, generally, are 
poor and uneducated, and not pos- 
sessed of the capital necessary for 
the improvement of the country. 
Yet, in this condition, they have 
had an English constitution given 
to them, without the proper mate- 
rials for aristocratic institutions. 

Great dissontent was felt in both 
provinces, and their situation had 
for several years, engaged the at- 
tention of the government. 

On the SdofMay, 1828, a com- 
mittee of the house of commons 
was appointed, on motion of Mr. 
Huskisson, then secretary for the 
colonies, to inquire into the civil 
government of Canada ; and, it 
appeared, from the evidence sdb- 
mitted to them, that the difficulties 
for which they were to find a reme- 
dy were of the most complicated 
character. Besides the motives 
to discontent already enumerated, 
there were dissentions between 
the lower province and the mo- 
ther country. In the upper pro- 
vince, the clergy reserves, which, 
as fixed by the act of 1794, 
include one seventh part of the 
whole land, have occasioned disa- 
greements between the majority 
of the population, and the mem- 
bers of the established church, as 
well as between the assembly, 



and the government at home. The 
two provinces are also at variance 
with one another, as to the regu- 
lation of trade, and the navigation 
of the St. Lawrence. 

As the French population of 
Lower Canada is, to the English, in 
the proportion of six to one, it would 
necessarily follow, that in any 
fair representation, the ascendancy 
would be on the side of the former ; 
but, it seems, that the apportion- 
ment made in 1792, has ever since 
remained unchanged; and that, con- 
sequently, no political power has 
been accorded to the townships 
recently settled in the neighbour- 
hood of Upper Canada, of which the 
inhabitants are, in general, of En- 
glish origin. The effect of this 
state of things is, to render nearly 
all the fifty members, of which the 
assembly is composed, of one party, 
while the upper house, deriving its 
authority from the crown, and ha- 
ving a considerable number of 
placemen in it, belongs to the other. 
The assembly have repeatedly ma- 
nifested their indisposition to re- 
form, by resisting the operation of 
acts of parliament, passed with a 
yiew to the change of the seigneu- 
rial tenures, according to the old 
Coutume de Paris, into the English 
tenures, by free and common so- 
cage, and to the assimilation, in 
other respects, of the laws of 
Lower Canada, to those of the 
mother country. 

The English settlers, to whom a 
large proportion of the capital and 



GREAT BRITAIN. 



195 



enterprise of the country belongs, 
are said to be deterred from ma- 
king investments in land, on ac- 
count of the expense of the fees 
on alienation, amounting to one 
twelfth of the value, and the other 
obstructions in the disposition of 
real property, which are tenacious- 
ly adhered to by the seigneurs. 

A serious misunderstanding arose, 
some years ago, with respect to the 
right of the legislature to inquire 
into the expenditure of that portion 
of the revenue, about 35,000, 
which is fixe