United States would, in relation to our own exports be left altogether at the mercy of foreign nations. The possession of the right, however, and the manner and extent of its exercise are very different matters. Whatever causes of serious apprehension for the stability of the Union may heretofore have arisen from this source, it appears to the committee that they have been greatly lessened by the payment of the national debt and the disposition of the Executive of the United States, and, as the committee firmly believe, of the great body of the people, to make such a modification of the tariff as becomes by that event just and practicable. The repeated recommendations of the President to reduce the revenue to what is requisite to defray the expenses of the government, necessarily incurred within the pale of the Constitution, and under a strictly economical administration of our affairs, have been so distinctly. and emphatically sanctioned by the people of this State, as to leave no room for doubt or cavil as to their cheerful acquiescence in the measure. Indeed, the committee are yet to learn, that there is any man in this great community who advocates or would justify the collection of taxes from the people for any other purpose, and certainly not for the sole one of taking money from the pockets of one class of our people to put it into those of another. All that is asked, is, that the amount of duties thus raised, and so expended, shall be levied in such manner as to afford reasonable encouragement and protection to our own manufactures and other productions, to enable them to compete with similar articles, the manufacture or production of other countries. With such qualifications as may be necessary to prevent injustice, and to preserve inviolate that sound rule of legislation, which requires that all public burthens should be borne in a fair proportion to the ability of the contributors, and the extent of the sccurity which they derive from the government. In other words, that too large a share of the public taxes be not imposed upon those articles of prime necessity to the poor, to the exoneration of articles of luxury, which are used only by the rich.And further, that the reduction of duties, thus rendered practicable by the payment of the public debt, though ultimately certain, should not be sudden and capricious, but tempered to the condition of existing establishments-establishments which have grown up and been encouraged by our legislation, and whose claims to the favor and indulgence of the government and people are founded upon the public faith. To a claim so reasonable the committee are unwilling to believe that the real friends of the Union any where can object.

Men may resist to the uttermost the imposition of unreasonable burthens for the protection of articles, in the manufacture and production of which they are not immediately concerned. But, there are, surely, no American citizens who, exempt from such imposi tions, would not prefer to encourage those of their own country, in preference to the fruits of foreign labor.

It is not in behalf of New-York, particularly, that these conside rations are urged. For it is notorious, that this State is not the principal seat of manufacturing establishments. But justice dictates the same course whatever and wherever be its application.

The rules by which this distribution and reduction of the public burthens are to be effected, must from the nature of things, be more or less arbitrary and uncertain. But if the subject be undertaken and prosecuted in good faith-if the tariff system be not made subservient to purposes of personal ambition, nor to the cravings of individual cupidity, but treated as a matter of business affecting, deeply, the private concerns of every man in every quarter of the Union, there is no doubt of the ability of Congress to adopt such rules as will be satisfactory to the nation.

That the bill of the last session will not reduce the revenue to the proposed standard is certain. The anticipated excess is estimated at between six and seven millions of dollars. Whether the late act should be permitted to go into operation with the intention of modifying the system at the next session of Congress; or whether the object in view shall be effected at the present session, by a law which, though passed now, shall have a gradual operation, is an important point in the difficult and deeply interesting question to be decided. The committee are by no means insensible to the embarrassment arising from the existence of the Ordinance of the State of South Carolina, and regret that any such obstruction should have been thrown in the way of a regular expression of the public will. They could never advise any legislation by Congress under the dictation of any power; and they have very little fear, that any such will be desired by the executive, or sanctioned by that body. It must, however, be borne in mind, that South Carolina is not the only State which considers herself injuriously affected by the existing law, and seeks relief from its operation; that there are many other States who are, in this respect, similarly circumstanced, whose alienation from the Union

would be the greatest calamity that could befal us, but who have shown as much devotion to the Union, and have manifested as much repugnance to the measures of South Carolina as any. It is then for a justice and sound discretion of Congress to decide, whether, whilst all proper measures are adopted to maintain the laws of the United States in the State of South Carolina, in the same manner as if no such Ordinance had been passed, they may not without detriment to the honor and dignity of the Government, now act upon a matter which has been so specially and urgently submitted to them by the Executive. We may be assured that there is sufficient intelligence and virtue in the people to judge those greatly deprecated measures by themselves, uninfluenced by prejudices of any sort on the one hand, or by the cotemporaneous measures of the Government on the other. Nor is it a matter of slight importance to the people of this State to consider whether the acts of South Carolina ought to occasion a collection from them of about one million of dollars annually, a sum three times as large as is required for the entire expenses of our State Government, when the President informs us that it is not needed for the public service.

The duty of deciding upon these grave matters rests, as has been justly observed by the Governor, so far as this State has a voice in the discussion, with those who represent us in the Congress of the United States. There, the committee think, with a general expression of the sense of the Legislature, it ought and may with safety be left. It would, doubtless, be competent for the Legislature to give explicit advice and instruction to their representatives upon the subject, but from the obvious superiority in position of our representatives in Congress, to take a better view of the whole ground than that which is possessed by us, and from the great extent to which the question as to the most proper time for action, as well as the particular provisions which ought to be made, are dependent on facts and details, of which it is impossible that we can be as capable of judging as they are, the committee think the Legislature will best consult their duty and the interests of all, by confining themselves, at this time, to the general expression of opinion which is now most respectfully proposed.

If by a faithful adherence to the principles here advanced in their behalf, the people of this State can contribute to the restoration and preservation of that fraternal affection in which the Union was originally founded, by which it was once cemented, and which is

so essential to its preservation, it will be to them a source of much joy and deep gratitude to the Supreme Disposer of events, for the agency they have been permitted to exercise in effecting so great a good. But if, on the contrary, their well-meant efforts prove unavailing, if the offerings of peace and good will which have been so freely and so sincerely tendered by them, in conjunction with their co-States who participate in the same sentiments, shall be rejected; if in the providence of God it be decreed that this Government and this happy Union, the affairs of which have been hitherto so successfully directed by it, are to be put to the final test, the government and people of this State will meet the crisis with the sustaining consciousness, that they have done all that duty enjoined and honor permitted to avert the worst calamity that could befal the country.

The committee respectfully suggest, for the consideration of the Legislature, the following resolutions:

Resolved, (if the Assembly concur,) That we approve of the preceding report.

Resolved, (if the Assembly concur,) that we regard the Union of these States as indispensable to their prosperity and happiness; that we participate fully in the desire which has been manifested by the President to restore harmony and conciliate affection amongst all the people of the United States, by a seasonable and equitable modification of the Tariff, adapting it to the present condition of the country; that we approve the measures he has adopted and recommended to sustain the authority and execute the laws of the United States; and that the government and people of this State will cordially co-operate with him in the exercise of all the means which may be necessary aad proper to secure those objects.

Resolved, (if the Assembly concur,) That the Governor be requested to transmit a copy of the foregoing report and resolutions to the Executive of the State of South Carolina, and to the Executives of the other States respectively, to the end that they may be communicated to the Legislatures thereof, and also a copy of the same to the President of the United States, and to each of our Senators and Representatives in Congress.

IN SENATE,

January 29, 1833,

REPORT

Of the committee on canals, to whom was referred the petition of Ogden Mallery.

Mr. Armstrong, from the committee on canals to which was referred the petition of Ogden Mallery, together with the report of the Canal Commisioners thereon,

RESPECTFULLY REPORTS:

The petitioner represents that in the month of May, 1826, he became the assignee of a contract entered into between the Canal Commissioners of the State of New-York, and Abraham L. Bemont and others; by which the said Bemont and others, covenan ted and agreed to construct locks No. 8, 9, 10, and 11, on the Oswego canal, to be in all respects similar to the locks on the Erie canal, at Syracuse; that upon receiving the assignment, he was expressly told by the assignors thereof, that the work contemplated to be performed therein, did not include the digging of the pits or the making embankments, or any excavation for said locks: That in pursuance of this understanding he expended about seven thousand dollars in prosecuting the work, when he was for the first time apprised by the Canal Commissioners, that the contractors were bound to make all the excavations and embankments necessary for building said locks; that he then remonstrated with the Com missioners upon the extreme hardship of the case, stating his inability to make the necessary excavations and embankments to complete the locks without additional compensation therefor; that he was advised by the Commissioners to continue the work, and that he would receive compensation for all extra work beyond which he contemplated as being embraced in the terms of his con[Senate, No. 35.]

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