Page images

of war.



as I have been told by its proprietors, is only


every pound of cast steel produced by him, amounts awaiting transportation facilities to follow the

to two and a half cents. The history of the manufacture of steel in

"Now, for the sake of comparison, take the official example. At least two of those in Ohio pro

this country is of itself an argument. It is but returns of steel imported into New York, Philadelcure their ores from the same source. Every

a few years since it was commenced here. In phia, and Baltimore, giving the quantity uuder euch dollar's worth of ore raised from the mines of 1864 there were thirty-seven establishments,

of the several classifications, and it will be seen that

the whole quantity of imported steel amounted to Michigan, Missouri, or Tennessee, is a dollar

of which fourteen were in Pennsylvania, nine 31,296,043 pounds, which at the present rate of dirty CREATED, and eighty or ninety per cent. of every

in New York, five in Massachusetts, five in will amount to $870,030 38, or two and seventy-eight dollar thus created is distributed to those who

hundredths cents per pound duty, being about ono New Jersey, two in Connecticut, one in Michdelve in the mines, or work in the mills, and

fourth of a cent per pound more duty than the igan, and one in Illinois. The manufacture is American manufacturer pays in the shape of excise through them to the farmers who feed them, and

one of great value, as its products cover the on his production.the mechanics or laborers in a hundred other

whole range of mechanics tools and agricul As a consequence the steel trade of America branches of industry who contribute to their

tural implements, as well as the implements is in great peril, and unless aided by friendly necessities or comforts. Every dollar so cre

Its manufacture requires the highest legislation it must perish under the double comated, and its multiples resulting from the labor class of skilled labor, and the pioneers in the petition of powerful British corporations or of perfecting the raw material, is an addition experiment were obliged to pay large wages and combined capital employing low-priced labor, to the wealth of the nation. Buy your iron even bounties to tempt skilled European work

and of fraudulent evasions of our custom-house from abroad, and you not only lose that profit

men to incur the expense of coming here, and to duties. The Committee of Ways and Means which would otherwise bave been produced,

pay them during the time thus occupied, each propose to exempt this manufacture from all but every dollar you pay, save only the small of which items was an addition to the disad direct internal tax; the indirect tax will of course percentage of tariff and the agent's commis

vantages under which the attempt was made, remain. This is a step in the right direction, sion, is carried off to be expended in a foreign | although experience has proved that we have

and will to a considerable extent afford relief; land.

in this country, and especially in Essex county, but this important branch will require an inWhat has been said of railroad iron applies || New York, ore from which steel is manufac crease of duty upon the foreign article to enable with equal force to all kinds of iron manufac tured of a quality equal to the best foreign

it to withstand the effort now being made to ture, whether cast, rolled, or hammered; and made article.

crush it out, and to recover the entire trade to especially to those finer kinds upon which the The tariff duties have been less favorable than the foreign manufacturer. greatest amount of labor is expended, and was required. Prior to the passage of the Mor It is certain that this new and important manwhich, by reason of the comparative cheap- || rill tariff of 1861, the duty was only twelve per ufacture is entitled by sympathy, by interest, ness of European labor, the foreign maker has, | cent., less than half the amount then charged and in justice, to positive and sufficient proat all times and under all rates of duties, been on iron. In that act it has been about doubled, tection. able to send to American markets. And the but it is graded according to appraised value. principle which I wish to enforce is not con That valued at seven cents per pound or less

Like steel, the glass interest is an important lined to iron, but to American manufactures

pays two and a quarter cents per pound; valued one in my district, and what is true of all other in all their branches, every one of which is enti at seven and not over eleven cents per pound,

branches of manufacture is true of it. The cost tled to as much care from the Government as three cents per pound; valued at over eleven of production has more than doubled since is required for its safe, steady, and successful cents per pound, three and a half cents per 1860. I take these figures from one of the development. pound and ten per cent. ad valorem.

heaviest flint-glass manufacturers in the Uni

During the year 1864, of the importations of ted States : The benefits which flow from protection are steel at the port of Philadelphia, 2,071,060

Cost in 1860.

Lead.......... pounds were valued at less than seven cents; not confined to Pennsylvania, and will be as

..289,277 lbs, 54 cts....$16,271 83 Ashes..

.214,930 tbs, 54 cts.... 11.821 15 wide-spread as our boundaries. Iron and coal 1,093,507 pounds were valued at over seven Niter..

33,514 tbs, 9 cts.... 3.016 26 are found in great abundance in many of the and less than eleven cents; and 22,084 pounds i Fuel.,

.144,000 bu., 41 cts.... 6,840 00 were valued at over eleven cents.


.342,363 ft., $9 50... 3.21 59 western States, and, already a large quantity


33.711 70 of iron is manufactured in West Virginia, Ohio, || New York, 14,308,828 pounds were imported

During the year ending June 30, 1864, at


.$74,912 44 Tennessee, Kentucky, Indiana, Illinois, Michi.

valued at less than seven cents; 11,057,947 gan, and other States; and the day is not dis

Cost in 1865. tant when the fertile Northwest, so productive pounds

valued at over seven and less than eleven


.289,277 ths, 12 cte.....$34,713 21 of the cereals, will become the great manufaccents; and 2,698,093 pounds over eleven cents.


...214,930 tbs, 12 cts..... 35.791 60


During the same period the internal revenue turing center of the Union. The earlier settle

33,514 tbs, 15 cts..... 5.027 10

Fuel.... assessor of the twenty-second district, Pennsyl

..144,000 bu., 12 cts..... 17.250 00 ment of Pennsylvania, and the local advantages


..342,263 ft., $25... she enjoyed, have given her a start which, i vania, which I represent, collected this excise


67,422 14 hope, will enablelerto maintain a healthy com

tax from manufactures of steel:


$!58,790 68 petition there many years for the trade of the

On steel valued at 7 cents or less.
West and South; but as population increases On steel valued atover 7 and notoverllcents,

This is exclusive of the internal revenue tax, and the wants of the country are developed

618,147 pounds....

$3.693 22 On steel valued at over Il cents, 10,614,313.... 70,903 80

which nearly equals the tariff on the imported capital will seek promising locations and find

article. These figures show the circumstances new mines of ore and coal in the search for

$74,597 02 under which existing competition is mainthe minimum cost of production. Michigan

tained. ore will then be turned into bars, rods, and

These figures show: nails on Michigan soil, and the prairies of the

1. That the American manufacturer pays | table, it may be well to state that it was exten;

Respecting soda ash, included in the above West will be dotted with the chimney stacks

excise tax upon the full market value. of furnaces and forges, and ring with the cheer

2. The foreign manufacturer pays on a for

sively manufactured in 1852, 1853, and 1854

in this country, and was sold as low as $2 60 ful sound of many-handed labor. The same eign valuation, imports to his own agent on

per hundred pounds. It supplied in a great causes will secure for the West a division of the invoices which are not sale prices, and as a

measure the American market, and drove out manufacture of textile fabrics, which are now matter of fact manages to get one half of the

the foreign article. The foreign makers then nearly monopolized by the eastern States, and entire importation of steel through the custom

combined, put down the price in this market to the blessings of diversified production will thus house at the lowest rate of duty, and the result

so low a figure as to break down the American be gradually extended over every portion of the is, the amount of excise tax paid by the home country, until, with enlarged capital econommanufacturer is about equal to the entire duty || in this country. The price has been raised to

manufacture, and at this moment none is made ically employed, improved machinery, dimin. || paid on the imported article, as appears from ished risks and costs of transportation, the this detailed statement of the steel manufactu- || gold in England, and it costs the American

four and a half to five cents per pound in minimum cost of production will be reached,

manufacturer, in many instances, twelve cents and the nation be secure in its commercial “The following is intended to show the revenue of supremacy. Government upon each ton of rolled or hammered

per pound in currency delivered at the factory. cast steel made in the United States, under the law

The result of the failure properly to protect it This is within our grasp, and it is for the as it now stands, namely:

is, that the American maker has been broken legislators of this day to say whether we shall Excise per ton on rolled or hammered steel......$15 00 down and the cost of the article has been more reach this position and enjoy the advantages

• of blooms used in making steel.. 3 60
bar iron

3 60 than doubled to the glass manufacturer who to be reaped from it, or whether we are to con

on cost of crucibles consumed

requires it in his business, thereby necessarily tinue to play a part subordinate to a people to

10 tons coal....


increasing the cost of glass to all consumers. whom there is no reason why we should pay

cast iron molds, castings for repairs,
fire brick, oil, &c., used in making

During the war, the premium on gold acted tribute; who are the enemies of our institutions

onc ton of steelis...

60 as an increase of duty, but as the premium has and the scgflers at our principles; who were

The cost of stamps on letters, checks, bills lad


declined, of course that temporary advantage qur enemies in the day of our weakness, and The indirect tax on labor on same basis as

has declined with it, and will shortly pass away are our inferiors in eyery element of greatness that estimated by D. J. Morrell, Esq., at the entirely. except in the aggregation of capital which has Cambria Iron-Works, on average value of

As a consequence it is not surprising that enabled them to crush feebler nations, which

cast steel, six per cent., inclusive of income

23 00 the imports are rapidly increasing. For some has enabled them at times to corrupt the legis

weeks past they have averaged about eight lation of stronger, and before whom I insist it

$50 00

million dollars per weeks, and last week they is our duty to maintain a determined and inflex:

exceeded twelve millions. The exports are ible front,

- From which it appears that the direct and indirect tax paid by the American manufacturer upon

about half the former sum. This is a state of

6.556 53



3 00


ing, &c...



15 43



facts well calculated to alarm and startle us. truth. As a policy it has always been an ported 889,338 pieces of cloth; in 1860 but The surplus productions of foreign manufac- || enriching one to the whole people. The conn 570,671, Her home-grown wool has for a long turers are thrown into our ports at low prices, try has never been as prosperous as when the period deteriorated in quality, and she is now disturbing our values and ruining our manu. Government acted upon it. And the periods to a great extent dependent upon foreign wool facturers.

of weakness and collapse have always been and foreign looms for the finer fabrics required I recently proposed a temporary increase of those in which misrule exposed us to the mis for home consumption, as is shown by the conduties of fifty per cent. until the tariff bill can eries of free-trade fallacies, which afflicted stantly, declining proportion of the foreign be prepared and passed, for the purpose of alike the producer, the manufacturer, the wools imported. Between the years 1820 and checking this excess of importation, but the || trader, and the Government.

1840 the increase of her imports of wool was House appeared to prefer awaiting the new I say the Government has never been rich one hundred and ninety-seven per cent.; in the bill for which the country is languishing. except under the policy of protection. It has next period the increase fell off to one hundred

Some persons object to an increase of du never been strong internally except when it and thirty-seven per cent. ties because a return to specie payments will recognized as its first duty that it owes to its Her exports of worsteds increased in the effect a reduction in the rates of labor and the

Take for proof this table:

former period sixty-nine per cent, in the latter value of materials. This expectation can be

Imports. Revenue. Average duty.

but fifty-two per cent. In those of mixed stuffs realized only measurably. I hope it will not 1845.

$117,254,561 $27,528,113 234 percent.

and flannels there has been some compensato the extent desired by many. I should be

314,639,942 64,022,863 211

tion in an increased value amounting to one

362,163,941 53,167.512 unwilling to see labor reduced to its former


hundred and forty per cent. as against thirty

86,100,000 minimum. Under our system it is not the pol

three per cent. icy of the Government to repress the laborer

These figures show that in 1864, when the as in Europe; and we must legislate in the average duties were forty-three per cent., we

In her cutlery, also, she is retrograding, a

fact which is by her own authors attributed to consciousness that the laborers of the country

had over one half more revenue than in 1860 are a power in it.

the demoralization in her manufacture of those Their interests must be

when the average was but fifteen per cent. ; and respected; and they are entitled to such legisthat attending this was the important advantage | markets of all the savage and semi-civilized

articies. In her endeavor to command the lation as will tend to keep open to them the

that in the latter period we imported but little avenues to thrift, wealth, and power. over one half the amount in the former ; pro

regions of the globe, her manufacturers find They who expect to build up a system which tection thus operating to prevent the evils of

their account in making goods rather for sale

than use; especially in those tools and impleis aimed at the dignity and prosperity of the excessive importation, to develop our own

ments of which every workman is a competent laborers of the nation, and which necessarily | labor, and to maintain the credit and financial

judge. German and American articles are at involves their depression to the level of the strength of the national Government.

a premium even in her home market. European standard, should know, what they

The purpose of this detailed array of the will soon be taught, that the inspiration of their

What is our experience in this respect is the results of the respective periods of England's system is from abroad, is not congenial to our experience of other Governments, and espe manufacturing history for the twenty years institutions, and should find no lodgment on

cially of that of England, whose remarkable next preceding and next following the date the statute-books of the great Republic. record on this question is worthy of study. In of her change from protection to free trade is

1846 England formally abandoned the policy to show that the boasted triumph of the latter There is another interest of great importance of protection, and insisted that if under its policy is as false in fact as it is in theory, to which I have not alluded, and which deserves | previous legislation they prospered it was not The advocates of the modern theory appeal candid and just consideration. It is the wool | owing to protection, but in spite of it. Let us to facts and figures, which have a plausible interest, in which eastern, middle, and west see what has resulted from the change.

appearance, but the meaning and value of ern States are like concerned. As a branch In 1820 England's exports of cotton piece those facts and figures flatly contradict the of industry it is among the most valuable to goods amounted to 248,370,030 yards; in 1840 inferences so confidently drawn from them. the nation, both as to its agricultural and its to 790,631,997 yards, being an increase in twenty The rate of progress in British industry and manufacturing capabilities. The product is years of 542,261,367 yards, equal to two hun foreign trade in the years which have gone by an absolute necessary of life, for which there dred and thirty-four per cent. In 1860 her since the policy of protection was abandoned can be no adequate substitute. It is capable exports of cotton piece goods amounted to has not exceeded, but has actually fallen of the largest variety of domestic and personal || 2,765,337,818 yards, being an increase in twenty behind, the rate of progress of any cqual uses. Its production and its manufacture employ || years of 1,974,705,821 yards, equal to two hun period of years previous to the change. The large numbers of persons, and the profits grow dred and forty-nine per cent.

simple truth is, that for more than five cening out of it are distributed among different The increase of the free-trade period over turies British policy defended her productive classes and pursuits. Its agency in increasing || the severely protective one in the exports of enterprises, as well as her commerce, against personal and national wealth is direct and cotton was only fifteen per cent. ; but if the all competition by whatever severity of import valuable, and in every aspect it deserves to be respective capabilities of expansion are justly duties and discriminative rates which seemed fostered and protected by the Government. considered, it ought to have been a hundred necessary, and having by this means fought

During the ten years ending in 1860 the per cent. at least. The increase of American her way into such perfection and power as she aggregate value of the imports of woolen goods | mafufactures from 1840 to 1850 was three hun is capable of, and having nothing more to into the country was $282,682,830. During | dred and thirty per cent.; and from 1850 to gain by the policy which made her what she the same time, we imported $30,428,157 worth 1860 eighty per cent.

is, she abandons it and decries its policy, of wool, being an increase of nearly two hun But the greatest and most important of all utility, and necessity, and uses every agency dred per cent. over the imports between 1840 her products show more than this. Her pro which she can command to dissuade the and 1850. Our climate and soil enable us to duciion of pig iron in 1823 was 452,066 tons;

nations whom she would hold in industrial produce wool of every description equal to any in 1840, 1,396,400 tons-an increase under the || vassalage from adopting in their own defense country in the world; and it is for the Con- || protective systein of two hundred and nine per the very system that has made her fortunes. gress of the nation to say whether, by wise cent. In 1857 the production was 3,657,447

Her business is manufacturing; her progress legislation, we shall encourage so profitable | tons—an increase of only one hundred and depends upon it; she must extend it, and her and important a production, and whether we sixty-two per cent. The duty upon pig iron for manufactures for foreign use include opinions shall claim for ourselves the blessings and the first three years of the first of these periods as well as commodities; she must have forbenefits which will result from the increased was 178. 6d. per ton, and ten shillings for the eign markets, and these she cannot have if manufacture of flannels, cassimeres, shawls, first six years of the last, and free of duty for foreign nations will do their own work and delaines, and the like from American wool. eleven years, or from 1846 to 1857. The latter | defend their domestic industry as determinedly As for myself, I prefer the interest of the period had the supposed advantage, and yet as they defend their territory against foreign American farmer, the American wool-grower, fell forty-seven per cent. short of equaling the invasion. the American manufacturer, the American protected period in ratio of progress.

Six hundred years ago, in 1331, England dealer to the like classes elsewhere; and I Again : the exports of silk manufactures of commenced her system of protection in the am anxious to add to our already numerous the twenty years, from 1820 to 1810, increased form of absolute protection of the export of sources of wealth that which, in a peculiar one hundred and thirteen per cent. in value, her own wool, then the best and most abunmanner, appeals to the generous pride and while their increase from 1810 to 1860 reached dant in Europe, and of the import of cloth, of the honorable ambition of every true-hearted no more than one hundred per cent.

which till then Flanders had the monopoly in American citizen. Petitions by thousands of The exports of flax manufactures fared European commerce; and she continued the signers are before Congress beseeching us to worse; they rose in quantity of yards one system, under many modifications adapted to be fair to this most meritorious class and thus | hundred and forty-four per cent. from 1820 to the exigencies of her manufacturing history, at just to all; and I trust we will not rise until || 1840, and only reach fifty-five per cent. in 1860 every change increasing the efficiency of her we help to put their business upon such a above their amount in 1848.

tariff, until it culminated in 1819 in an averfoundation as will give them hope of ultimate In woolens, so long encouraged by sumptuary age protection of fifty per cent. on all articles triumph in their effort to expand the sweep and | laws, and protected by fines, forfeitures, and competing with her staple products except deepen the current of American industry and even imprisonment, and after these were mit manufactures of leather, printed cottons, and production.

igated to a general average of fifty per cent. earthenware, which carried seventy-five per

duty on all imports, England has lost her cent. ; bar iron, fifty-seven and three quarters Sir, I know the strength of the prejudices || supremacy, not indeed by any change in her per cent.; plain white cottons, sixty-seven per which have been created against the policy of commercial policy, but by the superiority of cent. ; and silk manufactures, embroidery, and protection; but they will not bear the light of the fabrics of the Continent. In 1815 she ex leather gloves, in which France had the mastery






so decidedly that they were met by total prohi and old iron, from $4 89 to $6 35, but on iron | triplicated. The excise tax reaches almost everybition. This policy of centuries was never re manufactures, as follows: railroad $13 68; thing which enters into manufcture. To place laxed, though the atrocious severity of its pen sheet iron, $25 41 to $31 46; heavy wrought the two competitors where they were in 1861, alties was gradually abated, until all its objects manufactures, $17 58; small ware, $29 32; our tariff duties should be increased so as to were fully accomplished; and only after the edi anchors, chains, cables, $19 54; and wrought equal the increased cost of labor and the excise fice of her industrial system was finished from tubes, large, $25 40; small, $48 85, per ton; tax. This done, the condition of the country foundation to cap-stone she took down the while clocks and watches are let in at five per will improve in every part, and no one will feel scaffolding on which it was built and called it cent., and clock movements at nine cents per the blow except the foreigner who hates us and lumber and rubbish. In 1824 cottons woven pound, just because they cannot come in at his agent here who is undermining us. in Asia, Persia, China, and the East Indies that rate or at any rate. were still prohibited. In 1730, when the cot Now for the results. ton manufacture was commenced in England, The treaty went into operation in 1861. In

The opinion prevails that a return to specie the oriental fabrics could be afforded for one that year the total exports to France were

payments will remove all these evils. But it third the price of the British product. In 1769 || £17,427,413, and the imports from France

will not relieve the country of its taxes. It can Arkwright invented his spinning machinery, || £17,826,616--nearly equal. In 1864 the ex

only modify the cost of some raw materials, soon afterward improved so that one hand in ports were £23,825,392, and the imports had

and probably of labor. Hence its effect can be England could do the work of three thousand risen to £25,640,733. Here there is no gain

but partial. I desire the return to specie pay. in Asia, yet no relaxation was indulged until even in gross amount to the free-trade opera

ments, and would greet it with my whole heart, the price of cotton yarn was reduced from tors as against the protective party in the busi

but in my opinion the true line of policy is in thirty-eight shillings in 1786 to three shillings

But when we come to look at the kind

the direction I have indicated. By increasing in 1832 per pound. Silk goods were charged || of exports which England sends to France we

the rate of duties to the point suggested our with twenty-five to forty per cent. by their tar. find that £11.839,517 worth of raw silk, raw

excessive importation will be restrained, the iff of 1834, and woolens from fifteen to twenty. cotton, and raw wool made up quite the half of

balance of trade will be thrown in our favor, From 1819 to 1826 the duty upon foreign bar || these exports in 1864; how much more of her

our coin will be kept at home to fill the chan

nels of business and become once more the iron was £6 108., or $32 50 perton; but it was colonial produce entered into the total may in that year reduced to £1 103., or $7 50. Why? | be inferred from the fact that only £8,200,700 | circulating medium among the people. With Simply because protection had done its work. of British produce was embraced in the total, || present legislation this is hopeless. During Iron was produced at Cardiff the year before leaving full fifteen and a half millions or within

the last four years our exports of coin have at £10 per ton, while in Sweden and Russia a trifle of two thirds of the whole, of which

exceeded the imports $177,778,163, as follows: it cost £13 13s., in Belgium £16 14s., and in England was only the carrier, and received only

Imported. Exported. Excess, France £24 10s. For ten years before this the profits or wages of commerce, and nothing

......$16,415,068 $36,887,640 $20,472,552 1883...

9,181,105 63,392,035 53,407,931 reduction in the rate of duty England imported of those of manufacturing industry; carrying,

13,115,612 69,390,485 56.274,873 of foreign iron an amount equal to ten and a among other raw materials, raw silk to the value

7,225,377 54,448,184 47.222,807 half per cent. of her exports; in the succeed of £3,545,919, and taking back in exchange With this tendency to enormous importaing ten years ten and a quarter per cent., so £5,980,814 worth of silk manufactures. tion of goods and the increasing necessity of that her tariff was a dead letter long before its Verily this much-trumpcted triumph of Eng; gold exportations to pay for them checked, it repeal. Her policy in all its stages and appar land over the protective system of France, and is not unreasonable to hope that the product ent changes is a copy of her procedure in rela the glorification of Ur. Cobden therefor, looks

of our gold mines retained in the country a few tion to iron; never abated, never varied, but now as if England was only deceived, and her

years will enable us to glide into specie pay. to accomplish its object the better, and finally | champion and agent had been outwitted by

ments naturally and without shock to any of abandoned only when it had fully achieved its Louis Napoleon. But other noteworthy results

the great business interests of the country. It utmost possible service in a complete success, have followed and are still to come. The Liv

will be much easier to resume specie payments The history of French commercial policy erpool European Times, of the 25d of Decem on the $740,000,000 of paper money now afloat, is but the fellow of the British in the earlier ber last, speaking of the manifold benefits of

on this plan, than to contract the currency to stages of industrial development, but something the Cobden treaty to France, says:

half its present volume and allow the present wiser and better in its latest phase. The pro "Some time since the English locomotive was a rate of foreign importation ($12,000,000 per tective system, introduced by Colbert in 1660, sort of ideal; whereas at the present day French maintained the finances of the kingdom and the locomotives are brought to such a degree of perfee

week) to continue. tion as to be ordered from France for English rail All experience demonstrates the necessity progress of her manufactures against the vast

roads. In like manner the English machinery for expenditure of the fifty-five latter years of the extracting coal from mines was justly regarded as the

of self-protection among nations. The Ameri. reign of Louis XIV, (1643 to 1715-seventybest in the world. Yet not long ago a machine was

can legislator who is blind to this truth must ordered from a French house in the department of the be ignorant of the business history of his own two years.). And of a much later period we Nord for an English inine." have the history in the words of J. B. Say.

country as well as that of the civilized world. Here we see that French protection, equal | No nation can prosper without regarding its

in amount but threefold equal in effect to that special capabilities, without developing them, “For thirty years (1804 to 1834) nearly every law of the Morrill tariff bill, has had the effect to without using the advantages which God has passed on custom-house matters bns been intended || cheapen in price and improve in character the || given it. either to establish or to consolidate the system of

With us this is a peculiarly imperaprotection and prohibition.'

very iron and machinery in which England tive duty, because our labor is not only our The result, as stated by the same author, was thought herself safe from all rivalry.

financial need, but it is our political sovereign. that France in 1826 contained the most beau

Our Government rests upon its laborers; our tiful manufactures of silk and woolen goods In our country the periods of protection have || strength comes from them; our hope is in in the world, and he distinctly attributes this been those of prosperity. In 1842 the country them. As they sink the nation sinks; as they success, notwithstanding his free-trade princi was suffering in every part until revived by the

rise the nation rises in all the components of ples, to the policy of Colbert. But after the beneficent act of that year. This continued | greatness and power. Let us be just to these example of England, France also could afford until the act of 1846 checked our growth, while willing giants who support the fabric of freeto remit duties when prohibition and protec that of 1857 would have absolutely destroyed dom, and the jewel of liberty will remain fortion had accomplished all their uses. In the us but for the rapid increase of our population ever, blessing our children's children. treaty of commerce made in 1860, commonly and the indomitable energy of the people. The

RESTORATION. called the Cobden treaty, and proclaimed as a

calamities of the war forced us to the enacttriumph of the free-trade policy by all its ad ment of the tariff of 1861, which was the wisest | allowe

Mr. FINCK. Mr. Speaker, had debate been

on the civil rights bill after it was vocates in England and among ourselves, silk and best we have ever had, not excepting that

returned by the Senate to this House with the was made free in the ports of France; and the l of 1842. The Morrill tariff will be known in objections of the President, I would not have finer kinds of glass, porcelain, embroideries, || history as the great agency by which the coun

troubled the House with any remarks on this and other fabrics in which she excels all other try was enabled to pass successfully through occasion ; but the principles involved in that nations, were also exposed to a competition in

the war, and to grow in material prosperity. || bill and of other kindred measures which have her home markets, as iron and the coarser

The high price of gold made its duties almost been introduced into the present Congress, are cottons are in England; because no successful || prohibitory, and we were thrown upon our own

of such an extraordinary character as may well rivalry in price or product can possibly be ef resources, which expanded incredibly at the challenge the profound attention and close fected. Just as free, and for the same reason,

call, and nerved the trade of the conntry to as ice at Boston, ivory in Africa, and sealskins bear with ease the unequaled strain upon it.

examination of Congress and of the country.

Their consideration demands an inquiry into among the Esquimaux.

the nature and powers of the Federal GovernBut let the declaration be remarked, and I may be asked whether we are not now ment, and I propose very briefly to examine challenged, too, by whomsoever will venture under the Morrill tariff. I answer, we are in some of the questions which seem to me approthe question, in all things and every item of theory, but not in fact. All that the manu, priate to this discussion. those commodities wherein her domestic in- | facturing interests of the country ask, and I Our system of government, Federal and State, dustry could be endangered by Great Britain, I speak confidently for my own constituents, is is a complex one, and the boundaries which the duties agreed upon are as highly protect to be placed where that tariff placed them in separate and fix the powers of each, engaged ive, as in our Morris) tariff. For instance, on 1861. But it should not be forgotten that since the most anxious and thoughtful consideration the coarser cotions of England, that treaty || that time the cost of foreign manufacture has of the great men who framed the Constitution imposes two cents per square yard, and on the not materially changed, but the cost of domes of the United States. No question was prefinest, but one fourth of one cent; on pig, broken tic manufacture has doubled, and in some cases sentod and discussed in the Convention of so

He says:



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much interest and importance as this. It was impairing the obligation of contracts. Justice New Hampshire, Virginia, North and South upon this great question that the Convention | Story, speaking of this Government, says: Carolina, New York, Pennsylvania, Rhode was principally divided; and if any one thing "They have made it a limited Government. They Island, all evinced the same anxiety to have was settled in that Convention, and by the have defined ils authority. They havo restrained it to it distinctly understood, that the General Gov. conventions of the several States, which after

the exercise of certain powers, and reserved all others
to the States or to the people."

ernment could exercise no power not delegated, wards ratified the Constitution, it was, that the Federal Government was to be one of limited

. Mr. Madison, in the Federalist, says:

and that all powers not so delegated were re

served; and so strong and universal was this and delegated powers, which were clearly de

powers delegated by the proposed Constitu-

sentiment, that it soon found itself embodied fined in the instrument, and that it could exer

tion to the Federal Government, are few and defined.
Those which are to reinain with the State govern-

in that amendment to the Constitution which cise no powers not thus expressly granted, ments are numerous and inclefinite. The former will declares: except such as were necessary to carry out be exercised principally on external objects, as war,

“The powera not delegated to the United States by express grants.

the Constitution, nor prohibited by it to the States,

the power of taxation will for the most part be The powers conferred upon Congress, high

are reserved to the States respectively or to the peoconnected.

ple." and important as they are, are comparatively

The powers reserved to the several States will few in number, and are defined in section eight

oxtend to all the objects which in the ordinary course Again, Mr. Madison, in speaking on the sub

of affairs concern the lives, liberties, and properties of article one of the Constitution. I know that the people, and the internal order, improvemont, and

ject of express powers, lays down this rule: some gentlemen claim that a great deal may prosperity of the State."

“Whenover, therefore, a question arises concern

ing the constitutionality of a particular power, the be done under the last clause of the section It must be evident from this that Mr. Madison, first question is, whether the power be expressed in the to which I have referred, which provides that who is justly regarded as the father of the Con

Constitution. If it be, the question is decided. If it Congress shall have powerstitution, never dreamed that such a power as

be not expressed, the next inquiry must be whether it

is properly an incident to an express power, and ne"To make all laws which shall be necessary and

is assumed in the civil rights act, would ever cessary to its execution. If it be, it may be exercised proper for carrying into execution the foregoing || be claimed or exercised by Congress.

by Congress. If it be not. Congress cannot erercise il; powers, and all other powers vested by this Consti

I the tution in the Government of the United States, or in

But again, Mr. Marshall, afterward Chief Constitution as laid on this ground, that all powers any department or officer thereof."

Justice, speaking of the Constitution, (3 Elliot's not delegated to the United States by the ConstituBut, sir, this clause confers no new or addiDebates, 553,) asks:

tion, nor prohibited by it to the States, as reserved

to the States or the people. To tahe (e single step be

Has the Government of the United States power tional power upon Congress. It simply author

yonit the boundary thus specially drauen around the to make laws on every subject? Does he understand izes Congress to make all laws which shall

powers of Congress, is to take possession of a bounilless it so? Can they make laws concerning the mode of field of power, no longer susceptible of any definition." be necessary and proper for carrying into exe transferring, property, or contracts, or claime benecen citizens of the same State? Can they go beyond the

It is unnecessary that I should multiply aucution" the powers granted in the Constitution.

delegated powers? If they were to make a law not thorities on this point. Mr. Madison, in the Virginia convention, warranted by any of the powers enumerated, it would

Neither is there in this plain and undeniable speaking of this clause, sai

be considered by the judges as an infringement of
the Constitution which they are to guard."

doctrine as to the powers of the Federal Gov. "With respect to the supposed operation of what is denominated the sweeping clauso, the gentleman But this House, by a majority of more than

ernment, any warrant whatever for the heresies was mistaken: for it only extended to all enumerated two thirds, has solemnly decided that Congress || I have always opposed. The Federal Govern

of secession and nullification; heresies which powers. Should Congress attempt to extend it to any power not enumerated it would not be war

can do precisely what Marshall believed the ranted by the clause." Federal Government had no power to do.

ment is supreme in all its constitutional pow. Justice Story, in his Commentaries, speaking the Federalist,"discussing the character of the

Mr. Madison, in the twenty-ninth number of

ers; so are the States supreme in the same way;

and there is not necessarily to be any conflict. on the same subject, says:

There cannot; it is true, be two supremes over The plain import of this clause is, that Congress

then proposed Constitution, and to prove that it shall have all incidental and instrumental powers created a Federal, and not a national Govern

the same subject-matter, but the Federal Gov.

ernment, and the States, are each supreme in necessary and proper to carry into execution all ment, says: express powers. It neither enlarges any power spe "The idea of a national government involves in it

their respective constitutional spheres. cifically granted, nor is it a grant of any new power to not only an authority over the individual citizens,

But, sir, the danger to-day is not in secession, Congress.'

but an indefinito supremacy over all persons and or any threatened or apprehended encroach In the case of McCulloch vs. The State of things, so far as they are objects of lawful guvern

ment by the States, on the just and constitument. Maryland, Chief Justice Marshall, delivering Among a people consolidated into ono nation, tional powers of the General Government. It the opinion of the court, announces the same this supremacy is completely vested in the national meets us in the other direction--in the strong doctrine. He says:

Legislature. Among communities united for partic. || and well-organized attempt to destroy the just

ular purposes, it is vested partly in the general and “This Government is acknowledged by all to be partly in the municipal Legislatures. In the formor and constitutional rights of the States, and one of enumerated powers, The principle that it can case, all local authorities are subordinate to the establish on their ruins a great and powerful exercise only the powers granted to it, would seem too supreme, and may be controlled, directed, or abolapparent to have required to be enforced by all those

centralized system. ished by it at pleasure. In the latter the local or arguments which its enlightened friends, while it was municipal authorities forin distinct and independent As a part of this attempted revolution, blooddepending before the people, found it necessary to portions of the supremacy, no more subject within less it is true, but nevertheless a revolution of urge.' their respectivespheres to the general authority than

the most dangerous character, we have schemes The Constitution was formed by a people who

the general authority is subject to them within its
own sphere.

and propositions pressed upon Congress which had been in the possession and enjoyment of "In this relation, then, the proposed government should arouse the fears of every true patriot, State governments of long standing. These

cannot be deemed a national one, since itsjurisdiction and stimulate him to the most determined exerStates had entered into a Government under

oxtends to certain enumerated objects only and leaves
to the several States a residuary and inviolable sov-

tions, to preserve our admirable system of gov. Articles of Confederation, which, after the creignty over other objects."

ernment. Not only have eleven of the States pressure of the war of independence had been

And still further, in discussing the same

of this Union during this session of Congress, removed, proved inadequate for the purposes question, speaking of the adoption of the Con

in the very face of the plainest provisions of of a General Government; and the States, sov. stitution, Mr. Madison says:

the Constitution, been denied all representation, ereign and independent as they were, having all

"Were the people regarded in this transaction as but members duly elected to both branches of the machinery and attributes of governments in forming one, the will of the majority of the whole Congress, have been ousted from their seats, by themselves, so far as the same had not by the people of the United States would bind the minority

the action of a domineering majority, and in Articles of Confederation been expressly dele

in the same manner as the majority in each Stute

must bind the minority; and the will of the majority some cases others admitted, who no intelligent gated to the United States," undertook to form must be determined by a comparison of the individ man will pretend, represent the views of the a more perfect Union ; and to that end sent unl votes, or by considering the will of the majority delegates to a Convention; and the result of of the States, as evidence of the majority of the peo

majorities in their districts. ple of the United States. Neither of these rules has But, sir, this majority, not content with thus their labors, the Constitution which they framed, been adopted. Each State in ratifying the Constitu depriving nearly one third of the States of this was submitted, not to the people of the United tion is considered as a sovereign body, independent States, for ratification, but was submitted to the ofallothers, and only to be bound by its own voluntary

Union of representation, have seized upon this act. In this relation, then, the new Constitution will, opportunity to force through, and to continue several States, to be ratified by the people of if established, be a Federal, and not a national Con to press, upon this Congress, measures which each State acting through their own conven stitution.

no one could expect would be adopted by the tions, and was to be binding only on such of But each of the States in ratifying the Con.

representatives of the people of all the States, the States as should thus ratify, thus making it stitution gave expression to the strong and if their voice could be heard in these Halls. a Federal Government. The extent and cbar unmistakable sentiment of the people, that the

The legislation contained in the civil rights acter of the powers conferred upon the Gov. Government formed thereby should be one of ernment thus formed, were delegated powers, limited and delegated powers only.

act being, in my judgment, so palpably in vio.

lation of the Constitution, I would be false to defined and limited, and all power not granted The State of Massachusetts, in her conven

myself and my convictions of duty, if I did not was from the very nature of the grant reserved tion of delegates, made the following formal

most earnestly protest against it. The first to the granting power, namely, to the States and declaration:

section providesthe people.

“And as it is the opinion of this convention that

“That all persons born in the United States and Now, was any power delegated by this Con

certain amenriments and alterations in the said Con-
stitution would reinove the fears and quiet the appre-

not subject to any foreign Power, excluding Indians stitution to Congress to regulate the internal

not taxed, are hereby declared citizens of the United hensions of many of the good people of the Common

States, without distinction of color or race." affairs of the States, or control contracts, pre

wealth, and more effectually guard against an unduo scribe who should be witnesses or parties in

alministration of the General Government.tho con And it further defines what rights shall be

vention do therefore recommend that the following suits, who should inherit, purchase, lease, sell,

enjoyed by the persons so made citizens of the alterations and provisions be introduced into said

United States, namely: hold, and convey real and personal property in Constitution: first, that it be explicitly declared that the several States? None whatever, except

all powers not expressly delegated by the aforesaid "To make and enforce contracts, to suo, be parties

Constitution are reserved to the sovoral States to be ond givo evidence, to inherit, purchase, leaso, soll, that it is prohibited to the States to pass laws by them exercised."

hold, and convey real and personal property."



him a

And to have

of fourteen years. Here would be a clear dis legislation as this, and it seems to me no sound “Full and equal benefit of all laws and proceedings crimination on account of color, and however | lawyer would risk his reputation by seriously for the security of person and property as is enjoyed much the policy of such a law might be ques. || asserting that this clause would warrant this by white citizens, and shall be subject to like punishment, pains, and penalties, and to none other, any tioned or discussed, yet it seems to me that no

But I believe the power has been law, statute, ordinance, regulation, or custoin to the one can seriously question the right of the claimed under the second clause of the recent contrary notwithstanding.

States to adopt such legislation. But, sir, not amendment abolishing slavery. The second section provides:

only the members of the Legislature who should Now, what is the power contained in that "That any person who, undercolor of any law,stat vote for the passage of such a law, but the provision? It confers upon Congress the power ute, ordinance, regulation, or custom, shall subject, judges who under their convictions of duty and to enforce the amendment which abolishes slaor cause to be subjected, any inhabitant of any State or Territory to the deprivation of any right secured

oath of office, should administer it, would be very. It was not the purpose, nor does it in or protected by this act, or to different punishment,

liable to arrest, trial, and conviction in the the least affect, the questions relating to conpains, or penalties on account of such person having courts of the United States, and exposed to tracts, parties who may sue or be witnesses, or at any time been held in a condition of slavery or involuntary servitude, except as a punishment for

suffer imprisonment for one year, and to pay inherit, purchase, lease, sell, hold, and convey crime whereof the party shall bave been duly con

a fine of $1,000. An exceedingly “civil" real and personal property, for these are sub. victed, or by reason of his color or race, than is pre

act, indeed.

A State may in its discretion jects which have always been regulated and con. scribed for the punishment of white persons, shall be

believe it necessary for the best interests of trolled by all the States, both North and South. deemed guilty of a misdemeanor, and, on conviction, shall be punished by fine not exceeding $1.000, orim

its people, in relation to certain crimes com The power evidently was intended to enable the prisonment not exceeding one year, or both, in the mitted by a colored man, to impose upon Federal Government to prevent any State, or discretion of the court."

“different'' punishment from that im the people in any State, from continuing or reIt is thus sought to establish an equality | posed upon a white citizen; but here also this establishing the institution of slavery; and if between the white and colored races by Con law steps in and rudely thrusts aside the laws any of the States, or the people of any of the gress, in all of the States of this Union, in the of the State, and subjects both those who en States, should attempt to enslave any person, enumerated rights and immunities defined in | acted, as well as those who enforce the State this clause was intended to give to Congress the sections already quoted, and to prohibit the law, to the penalties already described. the power to prevent such oppression, and to States from making any discrimination in any Other examples of the interference of this that end appropriate legislation is authorized. of the particulars named between the races. law with the local legislation of the States, But, sir, to my mind, it seems perfectly absurd Sir, this measure invades the local legislation could be cited to show how it invades the re to claim under this clause, the right to control of the States, and controls it. It lays pros: served rights of the States, and centralizes the local legislation of the States which regatrate at the feet of Federal power the right of power in the Federal Government, but it is

late the questions as to who'shall make and each State to regulate and control its own unnecessary, as they will readily suggest them enforce contracts, sue, be parties and give evi; domestic concerns.

selves to the mind of every man who will con dence, inherit, purchase, lease, sell, hold, and But not satisfied with subverting the legisla sider this question. And the cases arising under convey real and personal property." The States tive powers of the States, it strikes down the this act are to be tried in the courts of the Uni have always exercised exclusive jurisdiction independence of the judiciary of the States, and ted States. Thus the State courts are to be over these questions, unchallenged and unquessubjects the judges of their courts to the arrest deprived of hearing and determining contro tioned, and the power to interfere in these matof some petty mercenary agent of the organized | versies, growing out of that vast field of ques ters has never been granted by the States to the band of detectives which this act creates ; tions embraced in the class of rights described Federal Government. To enslave a man is one thus overriding and completely subverting the in this act, between the inhabitants of the same thing, but for a State by its legislation to refuse free exercise of the local powers of all the State, or, it may be, of the same county. And to place the negro upon a perfect equality with States, by placing their officers under the con to enforce these extraordinary provisions the its white men and women, in relation to the trol and surveillance of the Federal authorities. President is required to have always at hand a rights enumerated in this act, is quite another Sir, if there is anything which the people of reserved military force.

anda different thing, and one which must be left this Union will never abandon, without a strug. The ninth section provides :

to the sound discretion of the States. This gle worthy of all the great defenders of free “That whenever the President of the United States 1 Congress has no more constitutional right to government, it is the great right revered and shall baro ronson to believe that offenses have been, interfere with the local legislation of the States cherished by a free people, of each State to

or are likely to be committed against the provisions
of this act within any judicial district, it shall be law-

on the subjects embraced in this act than it has regulate and control its own domestic affairs, ful for him, in his discretion, to direct the judge, mar to regulate an eclipse of the skin. unchallenged and uncontrolled by any other shal, and district attorney of such district to attend power or authority whatever, except the Conat such place within the district and for such time as

Sir, I am not the enemy of the colored racc. he may designate. for the purpose of the more speedy

Heaven knows that I have not the least unkind stitution of the United States.

arrest and trial of persons charged with a violation or ill feeling toward them ; and while I shall, Where, allow me to inquire, do you get the of this act.

as a citizen of Ohio, steadily oppose conferring power to declare that all persons born in the So we are to have a traveling court, going upon the negro the right of suffrage, I shalt United States and not subject to any foreign | around from one neighborhood to another, to || always encourage, and be gratified to witness, a Power, excluding Indians not taxed, are citi look after such persons as are likely to commit wise and liberal policy practiced toward them zens of the United States?'' No such power is offenses against the provisions of this wonder. || by the several States. conferred by the Constitution. Congress, it is ful act; and as if to stimulate the swarms of I have no doubt but that the generous and true, has the authority to establish a uniform deputies who are authorized by this law to be patriotic sentiments expressed by Alexander rule of naturalization,'' but the effect of nat created to make arrests, they are to be paid by || 1. Stephens in his speech of the 22d February uralization is only to remove the disabilities the United States the sum of five dollars for last, not only express the views of the people existing on account of alienage. But this each arrest they may make, with such other of his State, but of a majority of the people of power does not authorize Congress to confer fees as may be deemed reasonable by the com

all the States, in which this population is found. citizenship on a person born within the United missioner for additional services.

In that speech, speaking of the colored race, States.

And for whom are all these strange and ex he said: Mr. Justice Curtis, in his dissenting opinion | traordinary powers to be exerted ? Not for the in the Dred Scott case, (19 Howard R.,) has white men and women of this country. No,

"In legislation, therefore, under the new system,

you should look to the best interests of all classes very ably examined and considered this ques sir; the rights of the States are to be thus in: |--their protection, security, advancement, and imtion, and he says: vaded, the legislative and judicial departments

provement, physically, intellectually, and morally.

All obstacles, if there should be any, should be re"It appears, then, that the only power expressly of the States are to be stricken down at the feet

moved, which can possibly hinder or retard the imgranted to Congress to legislate concerning citizen of Federal power, because the people the provement of the blacks to the extent of their capaship isconfined to the removal of disabilities of foreign birth." States may not, in the civil rights and immu

city. All proper aid should be given to their own

cfforts. Channels of education should be opened up nities enumerated in this act, be willing to place And

to them. Schools and the usual means of moral and the negro race on a perfect equality with them intellectual training should be encouraged among “Whether there be anything in the Constitution selves. from which a broader power may be implied will

them. This is the dictate, not only of what is right best be seen when we come to examine the two other

Well may the President say, as he has said

and proper and just in itself, but it is also the prompt

ings of the highest considerations of intorest. It is alternatives, which are, whether all free persons born in that most able and unanswerable document difficult to conceive a greater evil or curse that could on the soil of the several States, or only such of them containing his objections to this measure, that

befall our country, stricken and distressed as it now as may be citizens of each Stato respectively, are

is, than for so large a portion of its population as thereby citizens of the United States. The last of "In all our history, in all our experience as a peo this class will quite probably constitute among us these alternatives, in my judgment, contains the ple living under Federal and State law, no such sys hereafter, to be reared in ignorance, depravity, and truth."

tem as that contemplated by the details of this bill vice."

has ever before been proposed or adopted. They But, sir, the whole


purposes of

establish for the colored race safeguards which go But, sir, if the Federal Government may the provisions of the sections to which I have infinitely beyond any that the General Government thus invade and control the legislation of the referred, are at war with the rights of the States.

has ever provided for the white race. In fact, the
discrimination of race and color is by the bill made

States, in regard to their laws regulating the Many examples could be presented, to illus to operate in favor of the colored and against tho civil rights enumerated in this act, what is to trate how completely they subvert the powers white race.'

restrain it from regulating all other legislation of the States to regulate their own internal And now, let me inquire under what power of the States? You have just as much power affairs.

delegated in the Constitution you may do all this. to regulate and control the laws of the States Suppose the Legislature of a State should Certainly not under the clause which declares relating to marriage, divorce, dower, alimony, provide that no person should be a witness in that “the citizens of each State shall be enti common schools, the assessment and collection à criminal case who was under twelve years tled to all privileges and immunities of citizens of taxes, as you have to regulate the laws reof age, except where the witness offered was in the several States." This clause has never lating to the several matters contained in this a negro, in which case he should be of the age before been invoked to sanction such startling law. Nay, more than this, by the exercise of

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