pous and incoherent declamations are not the results of any reading of written comments on his part, they are the subjects of many a spoken comment-which is any thing but creditable to the taste, talents or discretion of the worthy divine. 255 between our own minds and the subjects on which we A like want of consistent classification of thoughts and methodical preparation for the duties of the bar, renders all the efforts of the pleader desultory and inconclusive. The very tone of the mind which in this, more than any other profession, is required to be on the highest tension, is relaxed by the careless and superfi. cial preparation for pleading, and this feebleness of nerve is seldom unnoticed by opposing counsel. The deficiency, when not the result of sheer indolence (which I maintain, to be a complete disqualification for this noble profession,) is to be attributed to an entire absence of the habit of analysis, classification and just distribu-vation, such as the various branches of natural history, tion of the thoughts. It is obvious that no universal rule can be laid down to govern the succession and nature of our thoughts. These even when employed on the most simple subject, will be different in different individuals, but that some order should be assumed and adhered to in our inquiries, and mental efforts, seems indispensable, as well for the sake of others as of our-my, far more difficult to be retained, than in the sciselves. Whatever we would communicate in the form either of facts, or of principles, will generally be capable of arrangement upon some determinate plan, and success at the bar will demand the full benefit of the most luminous method. The want of method in the healing art, extends not only to the comfort of the practitioner, but also to the good opinion of his brethren of the same calling, and to the domestic comfort as well as actual convalesence of his patients. If the "doctor" call at an unseasonable hour, and after having been delayed and confused by a multiplicity of engagements elsewhere, his prescriptions will have lost one half their efficacy by the previous anxiety of his patients;and probably the other half, From the by variance with his preceding practice. methodical distribution of his time, it may indeed sometimes be found necessary slightly to deviate, as urgent, calls require; but if a provision for such contingencies, be made a part of his method, they can cause neither derangement, hurry, nor inconsistency, in the discharge of his ordinary duties. But if, in things which concern our daily duties, and our professional avocations, order and method are demanded, to insure that success which every man desires, how much more in all that relates to our intellectual pursuits and improvements? In the former, the very presence of outward objects and the order of nature itself, recal us from many excentricities of conduct, in The which we might be led thoughtlessly to indulge. association of ideas being that which depends on the juxta-position of sensible things, will seldom fail to remind us of the duties of time and place, so that we have not the excuse that these matters had no chance to arrest our attention. But in the prosecution of any intel lectual plans whether for the acquisition of knowledge. the developement of abstract truth, or the communication of our ideas to others, we shall have no similar link the necessity of order and method is soon felt by even the youngest tiro; but in none of these are the objects more difficult to be remembered, without classification, than the abssractions of intellectual and moral philosophy; and their relations to each other are certainly in the latter cases, as well as in politics and social econo ences which refer to nature's works; because here all It has been often observed that the votaries The agitators of such unprofitable questions, have seized on one of the incidents in the study of natural history-classification-and attempted to elevate it into the dignity of a separate branch of science. But the conceit and vanity often manifested about these hairbreadth discoveries, cast contempt on the whole subject, and degrade the authors more than they elevate the pursuit. A great enemy to method in the writings of many authors has obviously been the cacoethes scribendi, which led them to dash forward over the sheet heedless of order or coherence. "Whatever first came in their sconce, Bounce, out it flew, like bottled ale, at once." The very boast which such authors make of their faults, shows that they regard them as in some measure allied to excellencies, and as constituting, by their very existence, a claim to notice and renown; but this " "Desultory way of writing, This hop, and step, and jump, mode of inditing," though sanctioned by the name of Pindar, among the ancients, and of Sterne, with many inferior geniuses among the moderns, is certainly far, very far from forming a just model of taste, logic, or instruction. I have observed it to be sometimes coveted by very young writers, under the impression that it would impart to their style a degree of spirit and vivacity, and remove the imputation of plodding and deep study; but HAZARD'S REGISTER OF PENNSYLVANIA. DEVOTED TO THE PRESERVATION OF EVERY KIND OF USEFUL INFORMATION RESPECTING THE STATE. EDITED BY SAMUEL HAZARD. VOL. VIII.-NO. 17. PHILADELPHIA, OCTOBER 22, 1831. NO. 199 FREE TRADE CONVENTION. For the purpose of introducing the address of this body, as well as to have the minutes of the convention in a more official form-we defer for the present the continuation of the proceedings begun to be published in our last number. Address of the Convention to the People of the most subjects, which springs from different habits and pursuits, and is perhaps inevitably incident to the imperfection of our common nature. On one engrossing question, that which constitutes the subject of this address, looking as well to its principles as its details, they have found a concurrence of opinion, which, as they believe, entitles them to ask for that opinion, and for the reasons on which it is founded, the attentive and dispassionate consideration of the American people. under the influence of a more calm and dispassionate reflection. No-the system of which we complain is not of recent origin, and the feeling of discontent, which was coeval with its institution, time and experience have only served to strengthen and increase. sincerely desire to perpetuate the political blessings Let those who which we enjoy, look to this consideration with the attention which it demands. This is emphatically a government of opinion. The vigor of the laws is a moral force. The bond which unites us is the sense of our common interest-the conviction of our equal rights-the assurance of our capacity to assert, and the feeling that we actually enjoy them. Take from able portion of the American people the consciousness any consider. that they are in the full possession of their rights as freemen; substitute for it the spirit of discontent, which springs from the conviction of wrongs inflicted, not inadvertently, but with deliberation, which are not temporary, but enduring; and you array against the govern ment a force which is of like character with that which sustains it-you awaken a feeling of resentment, which is goaded into activity by a sense of oppression, and embittered by the recollection that it is the hand of a brother which inflicts it. Such is the feeling which pervades a numerous and respectable portion of the American people. It cannot be defied, and may not be disregarded, without putting to hazard the safety of the confederacy. Among the evils which flow from the tariff system, as at present established by law, the ardent and determined opposition to that system, which exists in vari. A portion of your fellow citizens, resident in differ-tent which is felt, and has been manifested by a numeous parts of the Union,-the deep and settled discon ent states of the Union, who are numerous, respectable rous, patriotic, and intelligent portion of our fellow cit. and intelligent, who like yourselves, are attached to izens,-cannot fail to awaken the liveliest solicitude of the principles of free government, and ardently devot-every lover of his country. Let it be remembered that ed to the great constitutional charter, which conse- this is no transient feeling-the offspring of momentary crates and upholds them-who ask only an equal parti- excitement-one which may be expected to pass away cipation in the benefits, and are ready to bear an equal share of the burthens of the government-who are willing, moreover, to concede to others a perfect right to the full enjoyment of whatever they ask for themselves; such a portion of your fellow citizens, whose condition, character, motives and views are thus faithfully delineated, have deputed us to represent them on an occasion deeply interesting to their feelings as men, and vitally important to their interests as citizens of this great confederated Republic. They have called upon us to unite our counsels for the redress of the grievances under which they labour; and have enjoined it upon us, as a duty, to omit no means for the accomplishment of this object, which may consist with our obligations as citizens, and with their own faithful and ardent devotion to the bond of our common union. In the performance of a duty like this, we cannot be insensible to the propriety of a frank and respectful communication with our fellow citizens at large. We are members of the same great political family. Our interests are common, and so also are our duties; and it cannot be that any portion of our brethren can desire to withhold from us our just share of the benefits, or to subject us to an undue proportion of the burthens, which flow from the government under which we live. We have equal Confidence in their justice and intelligence; and assure ourselves that it is only necessary to bring home to their understandings the conviction of the evils under which we suffer, to secure their cordia! co-operation in prompt Do you doubt its existence, its nature, or degree? and effectual measures for their removal. We would Look to the character of this assembly-to the circum. commune with you, then, in the spirit of these feelings. stances under which it is convened. Give your attenWe must speak with frankness. It may be that our tion to the history of the past, and be admonished of language will borrow strength from the conviction of the novel and extraordinary spectacle which is presentour wrongs, but we will not forget the just respected to your view. Do not close your eyes to the fact, which is due to those who differ from us in opinion, and that this assembly is altogether without parallel since cannot be unmindful of the affection which we bear, the foundation of the government-that we are freemen, and which we earnestly desire to cherish towards our and the representatives of treemen, who speak to you brethren throughout the Union. of our violated rights-that we have come from differThe representatives of portions of our fellow citi-ent and distant parts of the Union to join in demanding zens, belonging to different states of this confederacy, their restoration-that a consciousness of strength is have assembled in the city of Philadelphia, to consider the offspring of united counsels-and that our purpose the grievances which they suffer under the existing ta-is not the less firm, because it is announced to you riff of duties, and to devise, if happily they may do so, peacefully, and in the spirit of conciliation. some constitutional and peaceful mode of redress. A numerous and respectable portion of the American Speaking generally, they have come together as stran-people do not merely complain that this system is ungers to each other, with all the variety of opinions on just, but they question the right to establish it. They VOL. VIII 33 do not doubt they utterly deny the constitutional its origin in a spirit of compromise. Its object is the sepower of Congress to enact. In justice to that body, curity of those rights which are committed to its protecwe invite your candid attention to a brief consideration tion-its principle that of an equal participation in the of their views on this subject. The constitutional va- benefits and in the burthens of the government. A lidity or invalidity of an act of Congress does not neces- system of taxation which is unequal in its operation, sarily depend upon the question whether the judicial which oppresses the many for the benefit of the few, department of the government would affirm the one or is therefore unjust, not merely with reference to the the other of these propositions. It may be that an act great and immutable principles of right which are ap. will in its operation and effect be subversive of the prin- plicable to human couduct, but is moreover in direct ciples of the constitution, and yet on its face be supe- collision with that constitutional equality of right, which rior to all just exception on that ground. Literally and this instrument was thus confessedly intended to sein terms it may be in execution of an expressly granted cure. A distinguished jurist of Massachusetts, one who power-in its operation and effect it may not only tran-is advantageously known as such to the people of the scend that power, but may directly contravene it. Un- Union, has said of the system of which we complain, der the pretence of supplying a revenue, Congress that it is calculated to destroy many of the great obmay raise money beyond the purposes to which it can jects for which the constitution of the United States be legitimately applied, or may increase the duties to was originally framed and adopted." Who will affirm an amount which will be prohibitory of importation, that such a system can consist with the spirit of the and consequently destructive of all revenue to be de- constitution? Its enactments may be so veiled as to rived from that source. Still such an act would pur- elude the judicial power, and may therefore be obligaport to be in the execution of the power to lay and col- tory upon the other departments of the governmentlect taxes; and courts of justice judging of it by its but as between constituent and agent, between the terms, and by what is apparent on its face, would not people and their rulers, the charter will in such case affirm its invalidity. But the constitution is equally ob- have been violated, and it will belong to them to cor. ligatory on every department of the government-on rect the evil. Why should we fear to enunciate this the legislator who enacts, as well as on the judge who principle? Is it because of the danger of those interests interprets a law. If the former shall so veit his unlawful which have grown up under the system? A just conpurpose as to defend it from the scrutiny of the latter, sideration of the subject will lead to a directly opposite is it less a violation of his constitutional obligation? If result. If it be conceded that the system is oppressive, it be such a violation can it be constitutionally valid? unequal and unjust, can those who profit by it deceive If instead of the absence of any express grant of pow-themselves with the expectation of its permanency? er to protect manufactures, the constitution had con- Is it prudent to close their eyes to the consequences, tained an express clause of inhibition, an act of Con- to which, sooner or later, this conviction must inevita gress, imposing duties beyond the purposes of revenue, bly lead? Distinguished as this system is, by every and there by operating as a bounty to the manufacturer; characteristic which may define a tyranny the most would, they insist, be admitted to be in violation of the odious, why should we, who are its victims, not stand constitution, and yet the repugnance would not be man upon our chartered rights? ifest upon its face, and would therefore elude the judi cial power. A numerous and intelligent portion of the American people believe that this view is applicable to the tariff of 1828. They admit the power of Congress to lay and collect such duties as they may deem necessary for the purposes of revenue, and within these limits so to arrange those duties as incidentally, and to that extent, to give protection to the manufacturer. They deny the right to convert what they denominate the incidental into the principal power, and transcending the limits of revenue to impose an additional duty, substantively and exclusively for the purpose of affording that protection. They admit that Congress may countervail the regulations of a foreign power which may be hostile to our commerce, but they deny their authority permanently to prohibit all importation for the purpose of securing the home market exclusively to the domestic manufacturer, thereby destroying the commerce they were entrusted to regulate, and fostering an interest with which they have no constitutiona! power to interfere. That portion of our fellow citizens of whom we speak, do not therefore hesitate to affirm, that if the right to enact the tariff law of 1828 be referred to the authority to lay and collect duties, &c. it is a palpable abuse of the taxing power, which was conferred for the purpose of revinue; if to the authority to regulate commerce, it is as obvious a perversion of that power, since it may be extended to an utter annihilation of the objects which it was intended to protect. Waving however this discussion, we concur in the opinion, that if the aggrieved party is deprived of the protection which the judicial department might otherwise afford, it would strengthen his appeal to the American people to unite with him in correcting the evil by peaceable and constitutional ineans. But there is a view of this subject which may claim the concurrence of all those who are prepared to admit that the tariff is unequal in its operation, oppressive and unjust. The constitution of the United States had As men and brethren we appeal to you then to unite your efforts with ours in the correction of this abuse. A system which is unequal in its operation, and therefore unjust-which is oppressive, because it burthens the many for the benefit of the few-grossly, fatally unwise and impolitic, since it is subversive of the har mony of the Union—which is in violation of the prin ciples of free government, and utterly at variance with the spirit of justice and mutual concession in which the constitution was conceived and adopted; such a system, if persevered in, must alieniate our affections from each other, engender discontents and animosities, and lead inevitably, and with a force which no human power can resist, to the most awful of all calamities. We entreat those who differ from us, seriously to ponder this view of the subject. We entreat them not to misunderstand us. We cannot be deterred from the discharge of our duties to ourselves and our common country by the menace of consequences, and we are equally incapable of using its language to others. It is as men and brothers-in the spirit of an affection which is still warm and undiminished, that we would call their attention to those inevitable results, which neither they nor we will have the power to avert. Examine the subject for a moment in its connexion with the principles of an enlightened political economy, and see if the considerations which are urged to sustain this system are not fallacious and delusive. The view must be necessarily brief-consisting of hints and suggestions rather than of an extended argument, or of minute details; but our object will be attained if these may serve to awaken a spirit of dispasionate inquiry. We are the advocates of free trade. The argument which sustains it rests upon a proposition which may not be denied. It is the unquestionable right of every individual to apply his labour and capital in the mode which he may conceive best calculated to promote his own interest. It is the interest of the public that he should so apply it. He understands better than it can 1831.] ADDRESS OF THE FREE trade conVENTION. be understood by the government, what will conduce to his own benefit; and since the majority of individuals will, if properly protected, be disposed to follow their interests, such an application of their industry and capital must produce in the result the greatest amount of public good. Let it be remembered, that the question relates exclusively to the application of capital. It can not be generated by an act of legislation. The power of the government is limited to its transfer from one employment to another. It takes from some less favored interest, what it bestows on the one which it professes to protect. It is equally untrue that such a system gives greater employment to labor. Its operation is confined to the simple change of its application.— Laws which protect by bounty any peculiar species of labor, cannot be said to encourage American industry that is, directed to various objects. These laws favor only a single class; and since the bounty is not supplied by the government, but taken from the pocket of the individual, the protection which is given to one species of labor, is so given at the expense of every | other. That course of legislation, which leaves American capital and labor to the unfettered discretion of those who possess the one and apply the other, can alone be denominated the "American System." 259 has been general, as well in relation to articles which are not protected by the existing tariff of duties, as to those which are. It cannot therefore, have arisen from this cause. Let us remember now that this dimunition of price has occurred every where-abroad as well as at home-and not only in an equal, but, as a necessary consequence of the tariff, in a greater degree there than here. Among the causes which have produced this result, two prominent ones are presented to your consideration-the diminished amount of the circulating medium of the world, and the astonishing improvements which have been introduced in the modes of production. The cost of production is less; the comparative value of money has become greater. Can we wonder at the re sult? Take the case of cotton goods-these have fallen in price here since the enactment of the tariff. But the same thing is true not only in n equal,but in a greater de gree abroad; and the reason is obvious. The causes which have produced this result-those which have been be fore stated-have elsewhere been left to exert their full influence in affecting the reduction of price. Here their operation has been restrained by the conflicting influence of the tariff. The reduction therefore with us has necessarily stopped at a point, which is ascer tained by adding the amount of duty to the price of the The interference of government, with the right of imported article. Thus the diminution of price here the individual to apply his labor and capital in such has not been produced by the tariff, but in despite of it mode as he may think most conducive to his own inter--and has been retarded by it. But for this law the imest, thus necessarily operates to diminish the aggregate ported, which would take the place of the domestic aramount of production. In other words, the amount of ticle in the consumption of the country, would be ob. the necessaries and conveniences of life which are en- tained at a price greatly below that which we actually joyed by the community is necessarily diminished. If pay, and the difference, amounting yearly to many mil all nations then were willing to adopt the system of free lions of dollars, would be saved to the community. It trade for which we contend, which is accordant to the cannot be doubted that the prices of all commodities, spirit of Christianity and calculated to unite nations in the domestic production of which is forced by the impo harmony and peace, it cannot be doubted that the in-sition of a duty on a foreign article of similar description, terests of each would be promoted. The only question are raised by the amount of duty necessary to effeet the which can be raised on this part of the subject is, wheth- exclusion of the foreign article, or that this increase of er the adoption of a restrictive policy by one or more price is paid by the consumer, and that the loss to the nations makes it the interest of others to reciprocate nation which is occasioned by this system of protection, those restrictions. The answer seems to be sufficiently is nearly equal to such difference of price. obvious and satisfactory. The proposition which as serts the superior advantages of a free trade among all nations, rests upon the following principle. The universal freedom of action which it allows, tends most thoroughly to develope the moral and physical energies of each nation, and to apply them to those objects to which they are best adapted. The proposition must be equally true in relation to each nation, whatever may be the policy adopted by others. The nation which resorts to a restrictive policy, legislates to her own disadvantage by interfering with the natural and most profitable employment of capital. To the extent to which she thus excludes another nation from an ac customed or from a desirable market, she occasions, it is true, in that nation also a displacement of capital from its natural channels. But can the remedy consist in a retaliatory system of legislation' in a system of further restrictions imposed by the latter nation? It it be true that a restrictive system is injurious to the nation imposing it, does it cease to be so in regard to the latter nation, because of the wrong done by the former, and because it is also injurious to such nation? When we apply these views to the Corn Laws of Great Britain, considered with reference to their effect upon us, is it not then obvious that a system or pretend ed relation, which infetters the productive energies of our own people, whatever may be its effect upon that nation, must necessarily increase the evils we ourselves are destined to sustain? It is strongly urged, as a motive to the continuance of the existing tariff, that its operation had been to effect a reduction of prices. These have, in fact, fallen since 1816, and our opponents contend that this has been the result of domestic competition. A moment's reflection will demonstrate the fallacy of this assertion. We present a single fact in the outset. The dimunition of price The success which has attended the manufacture of cottons, is used to illustrate and enforce another sug gestion in favor of the tariff. It is said, that by means of the protection afforded by government, manufacturers are enabled to overcome the difficulties incident to new enterprises, and that this protection is ultimately repaid to the community, in the reduced price at which the article is furnished. We have already shown that this reduction in price in the case referred to, has not resulted from the protective system. Let us look, however, at this suggestion, apart from that consideration. If it be conceded for the purpose of argument, and only for that purpose,that a manufacture might be established by a temporary encouragement from government, which would not otherwise, at least at that time, come into successful operation, and that the community might ultimately be repaid in the manner which is supposed, the following considerations seem decisively to repel the force of that suggestion. The idea of permanent protection is excluded by the nature of the proposition. That which is proposed is temporary merely, and the question whether it is to be ultimately repaid to the community, is of course made to depend on the successful operation of the protected establishment. It is Congress who are to determine in advance, upon the propropriety of putting at hazard the interests of the community, by the forced establishment of proposed manu. facture. The question to be determined depends upon the calculation of the probabilities, to the correct esti. mate of which, much practical information is obviously indispensable. Constituted as that body is, it is difficult to conceive of one less fitted for such reference. On the other hand, there is always enough of individual én. terprise, intelligence and capital, to test any experi ment which gives a fair promise of ultimate remuneration, notwithstanding it may be subject to temporary |