called rotten stone, sumac, tartar when crude, teute-ward cause said goods to be advertised and sold, in the

neque, turmeric, weld, woods of all kinds when unmanufactured, herein enumerated.

SEC. 10. And be it further enacted, That on all articles not herein enumerated or provided for, there shall be levied, collected and paid, a duty of twenty per centum ad valorem.

manner provided for in this act; and after retaining the duties thereon, agreeably to such inventory and appraisement, and interest and charges as aforesaid, shall pay the overplus, if any there be, into the Treasury of the United S States, there to remain for the use of the owner or owners, who shall, upon due proof of his, her, or

SEC. 11. And be it further enacted, That an addi- their property, be entitled to receive the same; for which tion of ten per centum shall be made to the several rates purpose the collector shall transmit, with the said overof duties by this act imposed in respect to all goods, plus, a copy of the inventory, appraisement, and account wares and merchandise, on the importation of which in of sales, specifying the marks, numbers and descriptions American or foreign vessels, a specific discrimination be- of the packages sold, their contents, the name of the vestween them is not herein made, which, from and after sel and master in which, and of the port or place whence the time when this act shall take effect and go into they were imported, and the time when, and the name operation, shall be imported in ships or vessels not of the of the person or persons to whom said goods were conUnited States; and that a further addition of ten per signed, in the manifest; and the receipt or certificate of centum shall be made to the several rates of duties im- the collector shall exonerate the master or person having posed by this act on all goods, wares and merchandise, the charge or command of any ship or vessel in which which shall be imported from any port or place east of said goods, wares, and merchandise, were imported, the Cape of Good Hope, in foreign vessels: Provided, from all claim of the owner or owners thereof: Provided, That these additional duties shall not apply to goods, That so much of the 56th section of the general collecwares or merchandise, which shall be imported, after tion law of the second of March, 1799, which provides the day that this act goes into operation, in ships or ves- for the storage of unclaimed merchandise, as conflicts sels not of the United States, entitled by treaty, or by with the provisions of this act, shall be, and is hereby any act or acts of Congress, to be entered in the ports of repealed: Provided also, That when such goods are of the United States, on the payment of the same duties as a perishable nature, they shall be sold forthwith. shall then be paid on goods, wares or merchandise im- SEC. 14. And be it further enacted, That on and after ported in ships or vessels of the United States.

the day this law goes into effect, there shall be allowed

SEC. 12. And be it further enacted, That on and after a drawback on foreign sugar refined in the United States, the day this act goes into operation, the duties on im- and exported therefrom, equal in amount to the duty ported goods, wares, or merchandise, shall be paid in paid on the foreign sugar from which it shall be manucash: Provided, That in all cases of failure or neglect factured, to be ascertained under such regulations as to pay the duties on completion of the entry, the said shall be prescribed by the Secretary of the Treasury, and goods, wares or merchandise, shall be taken possession no more: and on spirits distilled from molasses, a drawof by the collector, and deposited in the public stores, back of five cents per gallon, till the first day of January, there to be kept with due and reasonable care at the eighteen hundred and forty-three, when it shall be recharge and risk of the owner, importer, consignee, or duced one cent per gallon; and annually, on the first agent; and if such goods remain in public store beyond day of January thereafter, the said drawback shall be sixty days, (except in the case of goods imported from reduced, one cent per gallon, until the same shall be beyond the Cape of Good Hope, remaining for the space wholly discontinued: Provided, That this act shall not of ninety days,) without payment of the duties thereon, alter or repeal any law now in force regulating the exporthen said goods, wares, and merchandise, or such quan-tation of sugar refined or spirits distilled from molasses in tities thereof as may be deemed necessary to discharge the United States, except as to the rates of duties and the duties, shall be appraised and sold by the collector, drawbacks.

at public auction, on due public notice thereof being SEC. 15. And be it further enacted, That in the case of first given; in the manner and for the time to be pre- all goods, wares, and merchandise, imported on and scribed by a general regulation of the Treasury depart- after the day this act goes into operation, and entitled to ment; and at the said public sale distinct printed cata- debenture under the existing laws, no drawback of the logues descriptive of said goods, with the appraised value duties shall be allowed on the same unless said goods, affixed thereto, shall be distributed among the persons wares, or merchandise, shall be exported from the UniSpresent at said sale; and a reasonable opportunity ted States within three years from the date of importashall be given before such sale to persons desirous of tion of the same, nor shall the additional rate of duty purchasing, to inspect the quality of such goods,---and levied by this act on goods, wares, and merchandise, imthe proceeds of said sales, after deducting the usual rate ported in foreign vessels, be refunded in case of re-exporof storage at the port in question, together with all other tation: Provided, That two and one half per centum charges and expenses, including interest on the duties on the amount of all drawbacks allowed, except on forfrom the dates of entry, at the rate of six per centum per eign refined sugars, shall be retained for the use of the annum, shall be applied to the payment of the duties; United States, by the collectors paying such drawbacks, and any balance of money remaining, over and above respectively; and in the case of foreign refined sugars, the full amount of duties, charges, expenses and inter- ten per centum shall be so retained.

est aforesaid, as well as such quantities of any goods, SEC. 16. And be it further enacted, That in all cases wares, or merchandise, as may not have been sold for where there is or shall be imposed any ad valorem rate the purposes before mentioned, shall be delivered, and of duty on any goods, wares, or merchandise, imported the money paid over, by the collector, to the owner, im- into the United States, and in all cases where the duty Sporter, consignee, or agent, and proper receipts taken for imposed shall by law be regulated by, or directed to be the same; And provided, That if no claim be made by estimated or based upon, the value of the square yard, such owner, importer, consignee or agent, for the por- or of any specified quantity or parcel of such goods, tion of goods which may remain in the hands of the col- wares, or merchandise, it shall be the duty of the colleclector after such sale, the said goods shall be forthwith tor within whose district the same shall be imported or returned to the public stores, there to be kept at the risk entered, to cause the actual market value or wholesale and expense of the owner, importer, consignee or agent, price thereof, at the time when purchased, in the princiuntil claimed or sold for storage, agreeably to law, pal markets of the country from which the same shall and the proceeds of the sale for duties remaining, un- have been imported into the United States, or of the claimed for the space of ten days after such sale, shall, yards, parcels, or quantities, as the case may be, to be after payment of duties and all expenses aforesaid, at the appraised, estimated, and ascertained, and to such value expiration of that period, be paid by the collector into or price, to be ascertained, in the manner provided in the Treasury, in the manner provided for in the case of this act, shall be added all costs and charges except inunclaimed goods in the next succeeding section of this surance, and including in every case charges for comact. And provided further, That when any goods are of missions at the usual rates, as the true value at the port a perishable nature, they shall be sold forthwith.

where the same may be entered, upon which duties

SEC. 13. And be it further enacted, That previous to shall be assessed. And it shall, in every such case, be the sale of any unclaimed goods, the said collector shall the duty of the appraiser of the United States, and every procure an inventory and appraisement thereof to be of them, and every person who shall act as such apmade, and to be verified on oath or affirmation, by two praisers or of the collector and naval officer, as the case or more respectable merchants, before the said collector, may be, by all the reasonable ways and means in his or Sand to remain with him; and said collector shall after- their power, to ascertain estimate, and appraise the true s

www

d be it further enacted, That it shall be ports of the United States, for the preceding year; and collectors and other officers of the cus- if so, he shall report a tabular statement of such articles te and carry into effect all instructions of and excess of duty to Congress, at the commencement of the Treasury relative to the execution of the next annual session thereof, with such observaalltions and recommendations as he may deem necessary laws; and in case true construction or meaning of any part for the improvement of the revenue. laws, the decision of the Secretary of the SEC. 28. And be it further enacted, That the importabe conclusive and binding upon all such tion of all indecent and, obscene prints, paintings, lithoother officers of the customs. 1 be it further enacted, That nothing in ed shall apply to goods shipped in a ves y port of the United States, actually havport of landing, eastward

beyond Cape Horn, prior to the first er, eighteen hundred and forty-two; and Ons and regulations existing immediately eth day of June, eighteen hundred and be applied to importations which may sels which have left such last port of I of the Cape of Good Hope or beyond r to said first day of September, eighteen

ty-two.

graphs, engravings, and transparencies, is hereby prohibited; and no invoice or package whatever, or any part thereof, shall be admitted to entry, in which any such articles are contained; and all invoices and packages whereof any such articles shall compose a part, are hereby declared to be liable to be proceeded against, seized and forfeited, by the due course of law, and the said articles shall be forthwith destroyed.

SEC. 29. And be it further enacted, That wherever the word "ton" is used in this act, in reference to weight, it shall be deemed and taken to be twenty hundred weight, each hundred weight being one hundred and twelve pounds avoirdupois. SEC. 30. And be it further enacted, That so long as the distribution of the net proceeds of the sales of the be it further enacted, That the laws ex- public lands, directed the several st day of June, eighteen hundred and States, Territories, and District of Columbia, by the act extend to, and be in force for, the col- entitled " An Act to appropriate the proceeds of the ties imposed by this act on goods, wares sales of the Public Lands, and to grant pre-emption e, imported into the United States; and rights," shall be and remain suspended by virtue of this collection, distribution and remission of act, and of the proviso of the sixth section of the act es and forfeitures; and for the allowance aforesaid; the ten per centum of the said proceeds, dis by this act authorized, as fully and ef- rected to be paid by the said act to the several States of ery regulation, restriction, penalty, forfeit- Ohio, Indiana, Illinois, Alabama, Missouri, Mississippi, lause, matter and thing, in the said laws Louisiana, Arkansas and Michigan, shall also be and meen inserted in and re-enacted by this remain suspended.

Retirement from the Uni-fully answered; and that its deliberations, now and hereafter, may eventuate in restoring the prosperity of ed States Senate. our beloved country, in maintaining its rights and

gned his seat in the Senate of the Uni-honors abroad, and in securing and upholding its interests at home. I retire, I know it, at a period of infinite 31st of March, 1842. After formally distress and embarrassment. I wish I could take my retirement, he made one of the most leave of you under more favorable auspices; but, withutiful speeches ever delivered in that lusion of this speech was as follows:

out meaning at this time to say whether on any or on whom reproaches for the sad condition of the country should fall, I appeal to the Senate and to the world to bear testimony to my earnest and anxious exertions to s place under the hope that we shall, avert it, and that no blame can justly rest at my door. n to perpetual oblivion whatever per- "May the blessing of Heaven rest upon the whole may at any time unfortunately have oc- Senate and each member of it, and may the labors of us; and that our recollections shall every one redound to the benefit of the nation and the only on those conflicts of mind with advancement of his own fame and renown. And when lectual struggles, those noble exhibi- you shall retire to the bosom of your constituents, may rs of logic, argument, and eloquence, you meet that most cheering and gratifying of all human Senate and to the country, in which rewards-their cordial greeting of Well done, good and nd contended for what he deemed the faithful servants." "

complishing one common object, the

and the greatest happiness of our beloved The sensation produced by this address from the lips se thrilling and delightful scenes it will of Mr. Clay cannot well be described. There was hardly nd my pride to look back in my retire-a dry eye in the Senate Chamber. Mr. Preston rose and said: What had just taken place was an epoch in their

-. President, allow me to make the momy object to submit when I arose to legislative history, and from the feeling which was resent the credentials of my friend and evinced he plainly saw that there was little disposition y void has been created by my own to attend to business. He would therefore move that the Senate, it will be filled to over the Senate adjourn; which motion was unanimously whose urbanity, whose gallant and ing, whose steady adherence to princi- agreed to. re and accomplished powers in debate, y in advance to the whole Senate and that his credentials be received, and ffice be now administered to him. Dear Sir-You are right in reference to my opinions I am about to do, for ever, from the on the Tariff. I deny the right of imposing any duties to express my heartfelt wishes that all but for revenue, or to make any discrimination but on Ciotic objects for which it was consti- revenue principles. I also deny the right of raising reve framers of the Constitution may be nue, but for the constitutional and economical objects of J. C. CALHOUN.

Mr. Calhoun on the Tariff.

FORT HILL, Sept. 24, 1843.

ank in the United States which Tariff and the additional evils arising from al character was the old Bank the absence of any National Currency, were erica, chartered by the Conti- the two great impelling causes of this Union, ess in 1780, after the Finances to effect which the most violent and invetehad been utterly ruined by the rate prejudices, the strongest local predileccalamities of the Revolution tions and suggestions of self-interest, were se issues of Government paper met and overcome. One of the first acts of ontinental Money.' This Bank the first Congress which assembled under the by ROBERT MORRIS, the great Federal Constitution was the imposition of a ne Revolution, whose exertions, Tariff; the creation of a National Bank was vate fortune were nobly contri-not long deferred. The chartering of such a American cause, and aided more Bank was recommended by ALEXANDER Haany other man but Washington MILTON, Gen. Washington's trusted SecretaThis Bank of North America ry of the Treasury, as absolutely indispensamense service to our Revolution-ble to the efficient and economical manageaffording a resource in utmost ment of the Finances of the Union. The bill nishing large amounts of money chartering the Bank was warmly debated in eed our armies. But after the both Houses of Congress, but passed the Var it was discarded by the fee-House by a vote of Thirty-nine to Twenty. nt of the Confederation and took In the Senate, the Yeas and Nays were not a State Charter from Pennsyl-called on the final passage of the bill; but a imately in the season of gene-variety of amendments were moved by the which followed the unqualified opponents of the measure, the most plausible ar ports to the fabrics and ships and popular of which was one reserving to while they rigorously excluded Congress the right to repeal the Charter; from their ports-this Bank was and for this there were Nine votes to Seven- All the Specie was drawn teen against it, and in favor of the bill as it ntry to pay balances for foreign stood. Thus the bill prevailed in either here remained no choice for a House by a majority of nearly two to one. wind up or break. The old Re- An impression has been studiously urged Bank, which had braved and by the later opponents of a Bank that this e desolation caused by British vote was a party one-that the Anti-Federal-t proof against the disasters in-ists of that day, who afterward took the name gressive British policy in peace, of Republicans,' and subsequently that of untry offered no show of resist-Democrats, were united in opposing the s broken, just as the later United measure. But this representation is unwarwas after losing its National ranted by the facts. Among the votes in faIn like manner becoming a State vor of the Charter are recorded the names of 1835-6. The parallel is striking Elbridge Gerry of Massachusetts, (afterward Republican' Governor of that State and new and stronger Federal Gov-Vice President under Madison in 1812,) Floyd constituted, avowedly to 'form of New-York, Dickinson of New-Jersey, et Union' between the States. - Heister and P. Muhlenberg of Pennsylvania, power to establish a Protectivel&c. In truth, the vote on the Charter was

almost precisely a sectional one. The loca- and the question of renewing it came up untion of the Bank at Philadelphia was the der most unfavorable auspices. The Directcause of the opposition. The Southern Mem-ors and a majority of the Stockholders were bers were then struggling for a more South- Federalists, and the Bank was assailed as Bern location of the seat of the Federal Gov- Federal, while the Government was strongly ernment, and they considered the placing of Democratic, and party feeling overruled every the Bank at Philadelphia calculated to dimi- thing else, leading all the young and ardent nish their chance. Under this impression, all Democrats-Mr. Clay among the numberthe Members but seven from the South of to oppose the Recharter. Yet such was the Delaware voted against the Charter, while all earnestness and depth of conviction on the from the North but Mr. Grout of Massachu-part of those who had shared in the experisetts voted in its favor. (Mr. Grout had just ence of the country without as well as with a before voted for the Assumption of the Debts Bank that it nearly overbore the mountain of of the States, which was considered a test of prejudice and party feeling arrayed against parties, and his the Federal side of the ques-that institution. The bill to Recharter passed tion.) the House in spite of a powerful opposition, Of the Members of Congress who voted on including a most effective speech from Mr. this bill, Nineteen had been Members of the Clay, then Speaker, and was transmitted to Convention which formed our Federal Con-the Senate, where an equally energetic strugstitution, and ought to have known what they gle took place. The Senate consisted of meant by that instrument. Thirteen of them twenty-four Republicans' and ten Federalvoted in favor of the Charter, thus clearly af-ists.' On the final question, the vote stood firming its Constitutionality. With the other seventeen for and seventeen against the ReSix, the local question of which we have charter, when Vice President Clinton gave spoken had much weight, and was probably the casting vote against the bill, and thus terconclusive-so that their vote was not so much minated the Bank's existence. Mr. Clinton against the Constitutionality of the Bank as its had been averse to the forming of the Federal location. The only one of them whose opinion Constitution and to any institutions more NaCon Constitutional questions is regarded as tional than those authorized by the old Conweighty is Mr. Madison, and he afterward federation, and still cherished the same tenbecame a champion of the Constitutionality dencies, somewhat modified by experience. of a Bank, signed as President the Charter of On the other hand, among the able and influthat of 1816, and just before his death wrote ential Republicans' who supported and voa most conclusive letter in support of the ted for the bill was WILLIAM H. CRAWFORD Constitutionality and utility of such an insti- of Georgia, afterward the leader and chamtution. pion of the Radical Democracy, and its canBefore signing this Charter, President didate for President in 1824. The last public Washington required the opinions of the paper which emanated from this great StatesMembers of his Cabinet on the question of its man (in 1832) was a most conclusive vindicaConstitutionality. The two Virginia Mem-tion of the expediency and constitutionality bers (Thomas Jefferson and Edmund Ran- of a National Bank. His long experience as dolph) gave opinions against it; Col Hamil-a leader of the Republican' party in Conton and Gen. Knox gave theirs in its favor. gress, and more especially as Secretary of Gen. Washington maturely considered them the Treasury, entitles his opinion to great all, and then signed the bill, though all the weight.

Members of both Houses and of the Cabinet So the Bank was killed in 1811; 1811; and, not from his own State had gone against it. attempting to prolong its existence by

a State

The Bank thus chartered went immediately Charter, it wound up its affairs, paid every into operation, and proved of immense service body dollar for dollar, and returned its capinot only to the Government but to the whole tal to the stockholders. The country soon Country. By its aid, the Finances were after engaged in a War with Great Britain, brought out of confusion into order, and the and very speedily experienced the want of credit of the Government fully established. the institution so destroyed. Our Finances No man can tell any harm that it did, while again fell into inextricable confusion; the its blessings were universally felt. Mr. Jef-Government was forced to borrow money at ferson, who had at the outset been its most 12 per cent. interest, give $100 for $88 at prominent and determined opposer, evinced that, and then take the proceeds in the notes no hostility to it during his Administration, of Banks which could not pay specie-which but on the contrary signed the bill authorizing notes were worth sixty to ninety cents on a the establishment of a Branch in the recently dollar.

acquired Territory of Louisiana-an act ut- At the close of the War, with an empty terly incompatible with a belief that the Bank Treasury, an enormous Public Debt, and was either unconstitutional or pernicious. a Currency in every different stage of In 1811, the Charter of the Bank expired, rottenness, the Government set earnestly