SPEECH MR. JOHNSON, OE MARYLAND, THE TARIFF. Delivered in the Senate op the United States, July 25, 1846* WASHINGTON: PRINTED BY JOHN T. TOWERS. 1846. .... SPEECH MR. JOHNSON OF MARYLAND. Mr. President : But for the very important character of the measure now submitted to the judgment of the Senate, I should not venture to participate in the debate. If the subject was of ordinary character and interest, em¬ bracing but few topics and admitting but few illustrations, I should have been restrained, as well by respect for myself as for the Senate, from taxing its time and patience further ; for all must be conscious who had the pleasure of hearing the honorable Senators from Maine and Massachusetts, (Mr. Evans and Mr. Davis,) who have preceded me, that, as far as the particular ques¬ tions they have spoken to are concerned, the whole matter has been ex¬ hausted. Bringing to the discussion great accuracy and fullness of knowl¬ edge, and applying it with the most consummate ability, whoever undertakes to follow them may well despair enforcing anything they have said. It is my purpose, therefore, to avoid altogether, as far as I may be able, the ground thus ably occupied. In what I am about to offer I propose to. do by considering under three distinct heads the effects ofthe bill now before us— 1. I shall, in the first place, inquire into the principle of the bill. 2. I shall proceed to show, in a way which has not yet been attempted, the practical effect of the bill on the domestic industry and on the laborers of the country. 3. And I shall, irf the third and last place, bring forward some facts not as yet presented, to show that, assuming as correct the estimates submitted to us at different times by the Secretary of the Treasury, from the beginning down to that which he sent us yesterday, or adopting those which the chair¬ man of the Committee of Finance laid before the Senate, or those which I understand have been submitted by the chairman of the corresponding com¬ mittee in the other House, the bill will not produce an amount of revenue sufficient to meet the wants of the country. In the first place, then, I propose to inquire into the fundamental principle of the bill. I understand it to be founded on the opinion maintained and laid before Congress and the. country by the President of the United, States, in his annnal message at the commencement of the present session, and by the Secretary ofthe Treasury, in his annual report—that Congress possesses no constitutional power to protect the domestic industry of the United States, either directly, by the taxing power, or by any other power through the ex¬ ercise of the taxing power. It is very true, Mr. President, that the present chairman of the Committee of Foreign Relations, the distinguished gentle¬ man from South Carolina (Mr. McDuffie) said yesterday that, neither in this 4 debate, nor at any other time on this floor during this session, had the ques¬ tion been mooted or tiic power denied ; yet I am sure that I should be doin? that honorable gentleman great injustice and the other friends of the bill equal injustice, if I should assume that this declaration was intended to be understood as a concession, on his or on their part, that such a power did exist. But, however that may bo, both the President and the Secretary of the Treasury, in the discharge of their respective duties to the nation, have recommended to ns a bill even more objectionable than the present, on the very ground, amongst others, that there is not in the Constitution any au¬ thority, expressed or implied, under which the industry of the protected, in whole or in part, either directly by the taxing po other power to be exerted by means of the taxing power. Now, Mr. President, it does appear to me passing strange mat, at ims period of our national existence, in the year 1846, iifty-seven years since the Constitution was adopted, it should bo officially declared by two such high officers of this Government that it possesses no authority to protect our own labor—the industry of our own citizens—against restrictions imposed by foreign legislation, and imposed to injure it; that we have no power to defend our own industry against the countervailing duties of other nations, no matter how destructive they are found in their practical results, nor how clear it may be that they were levied lor that very end. Mr. President, if this opinion be well founded, then there is no such pro¬ tective power any where within the limits of the United States ; for, if it be not in the General Government, we are entirely without it. So far as my reading and my knowledge extends, the value of any nation’s industry can be protected against the rival industry of other nations only by the exercise of this very taxing power ; and the result is, that, notwithstanding the power which has been exerted and is now exerted by all the other Governments of the world for the encouragement and protection of their own commerce and of every variety of their own industry, and however effective and advanta¬ geous such protection may have proved, we, the people of the United States, are in possession of no such power, cither in our General Government or in our respective State Governments. That is the clear and undeniable con¬ clusion ; and if it be so, then it is equally clear that we arc independent but in name ; if it be so, then are we in a state of colonial vassalage, laboring under all the evils of that condition, but without any of its countervailing benefits, if there be any ; if it be so, then I aver that we are still colonies, and colonies of England, without enjoying the advantages of such assistance as a mother government might, in her generosity or by her interest, be dis¬ posed to confer upon us. But is it so, Mr. President! Are we without a government, so far as re¬ lates to that most important of all other powers—the power of protecting our¬ selves against the legislation and the rival labor of other nations of the world ? A,glance (and it shall be but a glance) at the condition of things subsequent to the Declaration of Independence and prior to the adoption of the present Constitution, and for sometime immediately succeeding it, will bring us to a ■correct result. . ,So long as we were colonies, our industry could be most effectually pro¬ tected, either by the power of the British Parliament to enact countervailing laws for the benefit of their colonies, or by enacting laws authorizing the colonial governments to pass such countervailing laws. This power was exercised from time to time and advantageously. But we passed from the 5 colonial state ; we declared ourselves independent; we achieved our inde'- pendence in many a well-fought battle field, and a seven year’s war ended in the recognition by the mother country of these United States as affree and independent nation. The war of arms was thus caused to terminate. In that war of arms we came off victorious, and in the joy of our hearts and in the glow of our patriotism, thought that we had conquered for ourselves in¬ dependence in fact as well as in name. But what at once succeeded ? Great Britain, who had failed to subdue us by force, commenced upon us a war of commercial regulations—regulations which were intended to secure to her own subjects advantages over and to the injury of the people of the United States in all the various pursuits of human industry. What was the effect ? Our trade languished ; our public and individual credit rapidly declined ; our national and individual debts largely increased, and we found, to our amaze¬ ment and dismay, that, so far from enjoying the happiness, the plenty, and the wealth which wo had promised ourselves in the peaceful employment of our own labor, under the protection of a free and independent government of our own choice, we were even worse off, in these particulars, than we had been before our independence was accomplished. From the date of the treaty of peace down to the year 1789, the state of the country became absolutely'insufferable. How was this attempted to be corrected ? The States of the confederacy, in the exercise of their sover¬ eignty, first, each State for itself, and secondly, by the combination of sev- oral States, attempted, by a system of countervailing imposts and other com¬ mercial regulations, to redeem the dilapidated condition of the industry of the country, to revive its credit, and to restore its general prosperity. Virginia thus interfered ; Maryland thus interfered; Delaware thus interfered ; other States thus interfered. But what was still the practical result? Each of these States having authority only over its own ports, could not prevent free importations of goods into the ports of the other States: and goods thus im¬ ported duty free would, in spite of every attempt to prevent it, find their way into the consumption of those States where these same goods had to pay duty. Thus the attempt to which portions of the country, under distress and emer¬ gency, had vainly resorted, utterly failed, and it failed not because the means which they employed were not in their own nature sufficient, and would not, if universally employed, have effected all that was hoped for and all that was needed, but precisely for the want of power to make their operation universal. I speak, sir, but the truth of history when I say that it was this very difficulty, this very imbecility to which I have just referred, that brought the Federal Constitution into existence. The new Federal Gov- eminent, among other great and wholesome powers conferred upon it, was endowed with the power to regulate commerce and to lay duties and imposts; and at once, and by the exercise of these two important prerogatives, it was enabled to accomplish that’which the power of the States had been inade¬ quate to effect. The Constitution so came into being, and, at the time of its birth, the entire South, the Middle States, and the Northern States, all held the same opinion, not only as to the existence of the power in Congress to encourage and protect by taxation American labor and American industry, but as to the absolute necessity for its exercise. In proof of this unanimity of sentiment, suffer me, Mr. President, to read one of five memorials presented to the first Congress of the United States from Boston, from New York, from Philadelphia, from Baltimore, and from Charles- Reflect on the various materials which are combined in that wonderful production of human ingenuity, industry, and skill. One set of men cut down and shape the limber ; a different set of men prepare the cable and the. cordage: another elaborate the iron work ; another weave the. can¬ vass : another make the sails ; and yet another roll out the copper by which she is protected from the waves. Are these all capitalists 1 Are these over¬ grown aristocrats ? Are these purse-proud manufacturers 1 Are these lords of the loom, or are they laborers, whose prosperity grows out of their labor, and whose labor, with all the prosperity and happiness which that labor creates, is protected and encouraged by the existing laws ? Do gentlemen forget the hundreds and the thousands who find employment in the construc¬ tion and the navigation of our commercial marine ! The Secretary's theory says that it is unconstitutional for Congress to lay any duty whatever, the direct purpose of which is to protect American in- 21 •dustry in preference to foreign, and lie holds it to be a right, and the only sound policy, that all shall Vo allowed to buy where they can buy cheapest. Now I ask gentlemen are they prepared to repeal the navigation laws ? Let them answer aye or nay. I presume no man could answer in the affirma¬ tive—but why not? You say it is-the right of the American citizen to buy in the market where he can buy cheapest. This is the cardinal rule which is to shape and govern all our policy in relation to trade and manufactures. This is proclaimed as- the Democratic principle. Now, you all know full well that you can get ships to transport your cotton to Liverpool cheaper a great deal than you arc forced to pay for employing American vessels. Why not, then, employ foreign ? Why . keep up your navigation laws and maintain an odious monopoly in favor of American ship building. The southern planter wants to send out his cotton as cheap as he can, his ob¬ ject is to get as much money for it as he can, but your system of discrimina¬ ting duties compels him to employ an American ship, and to pay a higher freight. This must bo all wrong, if the President and Secretary are right. Our navigation acts are most wicked laws, a disgrace to the statute book, and never should have been passed. The South did not always think so. Look at the memorial I referred to, addressed by the city of Charleston to the first Congress. At the time of that memorial there was no government which had power to extend protection to our own navigation. Wc had no discriminating duty, and the consequence was that we were driven from the sea. On all the broad expanse of the ocean the stars and stripes were rarely seen, the fruits of American agriculture went abroad under the protection of foreign flags. Cut how is it now 1 Why is it that our star-spangled banner is seen, and known, and respected in every sea ? What remote part of the ocean is not visited by our gallant seamen? How comes it that our ships of war, and our fine commercial marine, arc enabled to traverse the pathless ocean, and to bid defiance to the world? How happened it that in the war of 1812 the heart of this nation beat fast and high with patriotic delight when it beheld American skill and bravery proving themselves a match for the then mistress of the seas. We owe this, we owe all of it to our navigation laws, and to the principle of direct and exclusive pro¬ tection, which they gave and intended to give to American capital and American labor. Has this operated injuriously at the South? or have they not participated largely and joyously in all the national glory which thus came to be inscribed upon our naval annals ? No hearts beat higher than southern hearts at the nows of our naval victories. The men of the South in those days did not stop and calculate how much cent per cent, these victories had cost them. These are calculations of modern times. A change has come over the spirit of their dream. Now the principle of protection is all wrong—all this has been done by the taxing power—it is all the result of exclusive protection to American manufactures, and the South has, it now fancies, most of the tax to pay, because it has the most produce to send abroad. Why not, then, repeal these navigation laws ? How comes it that Mr. Polk and Mr. Walker have sent us no recommendation to repeal them, or to reduce them too to a revenue standard. How is it that those discrimi¬ nating duties were laid, and laid avowedly for protection ? The Constitu¬ tion says nothing about navigation laws any more than about a protective tariff. Why, then, are not the one as unconstitutional as the other ? The navigation laws have been passed under the constitutional power to regulate 22 commerce. In the execution of that power you have improved your naviga¬ tion, and the Supreme Court has declared that the power to regulate com¬ merce includes a power to regulate the vehicle of commerce, and not only so, but commerce itself. But if your doctrine is right, then I say again, you must, to be consistent, repeal the navigation laws. They operate, according to your theory, most oppressively, they keep out British and other foreign ship builders. They have no regard to the revenue standard; and they for¬ bid us to buy where we can buy cheapest. Let us, then, at once, subject them to the revenue standard. And what is that ? Mr. Walker says a duty of one per cent., if that will yield the most revenue. And how are we to find out whether it will or not 1 Why just by lowering the discriminating duty, and trying whether all the shipping of the world cannot be encouraged to come into the ports of the United States. When this great national object is attained, Mr. President, where is the American marine ? where the Amer¬ ican ship builder ? where the American seamen ? where the means of glad¬ dening the American heart on the ocean by the sight of the American flag? Gone, sir, gone forever, gone try this newly invented and falsely denomina¬ ted, American doctrine. Destroy the navigation laws and your days of naval glory are ended. How did you get your present immense coasting trade ? By the exer¬ cise of the same protective power—the power to regulate commerce by taxing foreign shipping in favor of American shipping; you got it by making that protection exclusive and absolute. Yet, according to the new theory, who is it that suffers under this process ? My constituents, your constituents. According to the Secretary’s philosophy, you have made them pay the whole tax laid for the protection of American shipping. Suppose it were now pro¬ posed to us to open the whole coasting trade to the vessels of every nation : who would go for the measure ? None, not one. But why not ? To lay taxes for protection is said to be an unconstitutional exercise of a power given to raise revenue. Every cent of tax which diminishes revenue is said to be unconstitutional. All taxes laid to protect the things taxed by keeping out the foreign article, are unconstitutional. We must not then prohibit foreign vessels from engaging in our coasting trade. Nor may we, as we now do, by giving privileges to American shipping almost prohibit foreign vessels from carrying our products abroad. Oh no ! AIT these things are unconstitutional. Are gentlemen willing to deprive oftheir present protection all the men employed in ship-building ? Will they withhold the protection of Government, which these laws give, from the various and useful mechanic arts employed in this great branch of American manufactures ? No, they will not do that. Why, then, are not the artizans of Pennsylvania entitled to the same regard ? The only answer to this question must be “It is not so provided in the resolutions of the Baltimore Convention.” I have tables before me showing the value of, and.number of hands employ¬ ed in, the iron and coal trade of Maryland, in the building and manufacture of shipping, cordage, &c.; the whole value of the iron and coal trade of Penn¬ sylvania, together with the number of vessels engaged in conveying these products to marketj/the number of persons employed in that transportation, and the still larger number of those dependant upon their industry. All these will be prostrated and ruined if this bill shall pass. But I will not detain, the Senate with these statistics. Nor shall I say anything on the second head of the plan I proposed ; and as I have occupied so much of the Senate’s time, I will content myself with adding a word or two upon the third and last branch of the subject. Mr. President: I want to shew to the Senate and the country what will be our fiscal wants. I have said, sir, that whether we assumed as true the calculations of the Secretary of the Treasury, of the Committee of Finance, or the honorable chairman of the Committee of Ways and Means in the other House, the rove- nue to arise flora the bill now proposed will fall far short of meeting the wants of the Treasury. Mr. President, we have already appropriated §20,175,891. The bills in the other House proposed, but not yet acted upon, amount to §46,590,777— that is to say, the amount actually appropriated and the amount proposed to be appropriated make the sum of §66,766,663. [Mr. J. hero gave the items.] From these items, it is evident that we will and must appropriate at least §33, 878,298 more. This, added to §20;175,691, the sum already appro¬ priated, amounts to, appropriations certain at the end of the year, §54,054,189. •These are unavoidable appropriations; and there are others which may and probably will be passed, and which will swell the whole amount to §66,766,668.. But, however that may be, there will be the certain sum of §54,054,189, which must be provided for. Now, sir, what does our Chairman of the Committee on Finance tell us this bill is to raise ? Twenty-seven or twenty-eight millions. The Secretary says it will raise twenty-seven millions. But say it will raise twenty-eight millions. Then I have shown that there will still be a deficit to the amount of the difference between twenty-eight and fifty-four millions. We now owe seventeen millions, this amount, therefore, is to be added ; and so we shall certainly owe, at the end of the present fiscal year, a debt of for¬ ty-three millions, and that almost certain to be increased half a million by the interest on the Treasury notes which'we have authorized. Well, we are to have a “ Revenue Standard.” But why not lay a tax upon imports sufficient to meet this amount 1 “ It will not answer at the South.” It is said that to lay more tax would lessen importations. The Secretary says in his report, (what I have tried in vain to understand) that “whilst it is im¬ possible to adopt any horizontal scale of duties, or even any arbitrary maxi¬ mum, experience proves that, as a general rule, a duty of twenty per cent. ad valorem will yield the largest revenue.” What in the name ofcommon sense does this mean? He cannot mean what he says, for we have, no ex¬ perience upon the subject. What then does lie mean ? Has Nature herself fixed a standard of revenue ? It has been said, heretofore, that there is such a thing as “ a natural rate of duty”—a natural rate of duties for.all reven¬ ue bills every where, in all nations, and at all times, a kind of physical law! a law established for us by our Creator, applicable to all connnoditics, nuder all circumstances, and all times. Perhaps this is what he means, and that twenty per cent, is the gage which Providence and Nature have ordained. At all events he says that experience has shown that this is the exact rate which yields the greatest amount of revenue. , (It is plain that the Chairman of the Committee on Finance does not think so,, for he has gone above it and below it, and his object is only revenue. He, it seems, has ascertained, that by laying more than twenty per cent, or less than twentyper cent., he . 24 can get more revenue, than by conforming himself to that sacred, mystical number, twenty per cent. I'have tried in vain to find out what the Secretary intends. I do not understand him, and I never expect to understand him. But I find my'selt forced to bring these remarks to a conclusion without saying much that I had designed and wished to say. Arid I add only a word or two more. Mr. President, if I know myself, and I hope I mnv be nardoned for the remark, I would not for the accomplishment of mere party purposes, address anything to the Senate of the United States, which I did not most sincerely believe ; and such, I am persuaded, is the sentiment of every member of this body. There are higher duties to be discharged here, than those connected i with mere honest attachment to party, and Senators on the other side, I am I sure, share with me in that conviction. We differ only in the mode of ser¬ ving our common country. We think upon this side of the chamber, that the bill upon the table, is destructive of the best interests of the country, as re¬ gards both the wealth and the laborers engaged in our domestic industry. Senators on the opposite side, think differently; or otherwise, it is impossible they would pass this bill. Now the remark I wish to make, is tins; that if I could not, and did not look beyond party, I should greatly rejoice in the passage of this bill. I venture to say, though not in the habit of making pre¬ dictions if this bill passes the days of democratic every way but downward, are at an end. But hoping as I uo, that there is ar. equally solicitous desire on tiic part of our opponents, to promote the interests of our common country, to secure the rights in which we all share, to maintain unsullied the honor in which wc all participate, it is necessary that they ana we should bo satisfied, cither that our view is right, or that theirs is right. So far, however, wo have not been favored, except as to the me :e fiscal operation of the bill, with any exposition of the views of our friends on the other side. We are forced, therefore, to act with the aid onlv of such lights as our own experience and judgment afford. These conduct us to the conclusion that, if this bill shall become a law, it will ruin not [only the hundreds of thousands engaged in the labor of the land, but the value of the land itself; that it will bring ruin to the manufacturer ; ruin to the agri¬ culturist ; ruin to the'planter; ruin to public credit; ruin to the peace, com¬ fort, and virtues of the people. Wc believe that it will prostrate nine- tenths of the laborers of the land ; that it will destroy those who assist us in paying taxes, in building school-houses, in erecting churches, and in sus¬ taining the flag and honor of the nation. Plenty will, we think, be succeeded by want; industry and virtue give place to idleness and vice ; prosperous villages be made desolate ; flourishing establishments perish ; public and in¬ dividual debts increase. I appeal, then, to the gentlemen on the other side of the chamber, I appeal to them in the spirit and wisdom of their ances¬ tors, to forbear. I appeal to them in behalf of thousands of their fellow-citi¬ zens, to forbear. I appeal to them, as they prefer industry to idleness, happiness to misery, virtue to vice, to forbear. Do, I implore you, them and you, Mr. President, leave the American laborer as you behold him, peaceful and happy, enjoying the reward of honest industry, and feeling the conscious pride that he is contributing to his country’s wealth and power. Drive him not, I beseech you, to want and madness. Leave him, as you And him, contented and a good citizen, and we shall return to our homes, one and all, with the blessings of thousands on our heads, and the blessings of Heaven on our country.