Part 1

BENTON'S ABRIDGMENT OF THE DEBATES OF CONGRESS.

ABRIDGMENT OF THE DEBATES OF CONGRESS,

FROM 1789 TO 1856.

FROM GALES AND SEATON'S ANNALS OF CONGRESS; FROM THEIR REGISTER OF DEBATES; AND FROM THE OFFICIAL REPORTED DEBATES, BY JOHN C. RIVES.

THE AUTHOR OF THE THIRTY YEARS' VIEW.

VOL. I.

NEW YORK: D. APPLETON & COMPANY, 346 & 348 BROADWAY.

CHICAGO: S. C. GRIGGS & CO., 111 LAKE ST.

1857.

ENTERED according to Act of Congress, in the year 1856, by

D. APPLETON AND COMPANY,

In the Clerk's Office of the District Court for the Southern District of New York.

PREFACE.

The title-page discloses the sources from which this abridgment is made, and shows them all to be authentic, and reliable,--well known to the public, and sanctioned by resolves of Congress. Of the latter of these authorities--"Gales and Seaton's Register of Debates," "The Congressional Globe and Appendix, by Blair and Rives," and the same afterwards by "John C. Rives"--it is not necessary to speak, further than to remind the reader, that they are original reports, made either by the publishers or their special reporters, and revised by the speakers, and accepted as authority by Congress; and therefore needing no historical elucidation to show their correctness. But of the first--"The Annals of Congress by Gales and Seaton"--being a compilation, a special, but brief notice is necessary to show the credit to which they are entitled. And first, of the qualifications of the compilers for their work. To education and talent, and a particular turn for political disquisition and history, they added, at the time, more than forty years' personal connection with the Debates of Congress, as reporters and publishers of the speeches and proceedings in that body. Both of these gentlemen reported, on extraordinary occasions; and both with great aptitude and capacity for the business, and Mr. Gales especially, (under whose particular care the compilation of the Annals was made,)--of whom Mr. Randolph, a most competent judge, was accustomed to say, that he was the most perfect reporter he had ever known--a perfection which resulted not merely from manual facility in noting down what was said, but from quickness and clearness of apprehension, and a full knowledge of the subject spoken upon. To this capacity for the work, these gentlemen added peculiar advantages for knowing and reaching the sources of information. The father of one of them, and the father-in-law of the other,--(Mr. Joseph Gales, Senior,)--had been an early reporter of the Debates of Congress;--in the time of Washington and the first Mr. Adams,--and, of course, a collector and preserver of all contemporary reports. These came into their hands, with ample knowledge of all the sources from which further collections could be made. To these capabilities and advantages, were added the pride of character which exults in producing a perfect work;--and they spared neither pains nor cost to produce such a work--and succeeded. The following extracts from a letter of the late Mr. Justice Story, of the Supreme Court of the United States, dated January 14th, 1837--and from one from Mr. Justice McLean, still of that high court, dated 24th of February, 1843--sufficiently attest the value of the Compilation, and the excellence of its execution. Mr. Justice Story says:

"I have examined these volumes with great attention, and I am entirely satisfied with the plan and execution of them. I have, for many years, deemed the publication of the Debates in Congress, interwoven as they should be, and as they are in your plan, with the proceedings explanatory of them, one of the most important and valuable enterprises for public patronage. In an historical view, it will reflect the strongest and best lights upon the nature and operations of the Government itself, its powers, its duties, and its policy. As a means of expounding and interpreting the Constitution itself, it can scarcely be over-estimated. When I was employed in the task of preparing my Commentaries on the Constitution I constantly had recourse to this source of information in all cases within my reach. I had occasion then deeply to regret, however, that many of my researches terminated in disappointment from there not being any complete collection of the debates in print, or at least none in any one repository, or without large chasms, which it was difficult if not impossible to supply. If any such collection had existed, I am satisfied that it would have enabled me to make my own work far more accurate, full, and satisfactory than it now is. The Parliamentary Debates of England have been long since published, and constitute, in a political and historical view, some of the most authentic and useful documents for statesmen and jurists which have ever issued from the press. They are an indispensable part of the library of every real British statesman. A similar publication of all the Debates in Congress would be, if possible, of more permanent and extensive value to us, since questions of constitutional law and general public policy are more frequent topics of public debate here than in England. Indeed, I do not well see how American statesmen, seeking a profound knowledge of the nature and operations of our Government, can well do without them. At all events, if published, they would and ought to be found in the library of every American statesman, lawyer, and judge, who should aspire to an exact or thorough knowledge of our Constitution, laws, or national policy."

Mr. Justice McLean says:

"I have read with much interest your proposal to publish the Debates in Congress from the adoption of the Constitution. This is an undertaking of great magnitude, and will require large expenditures: but the work will embody a mass of information in regard to the history and policy of the Government, which can be found nowhere else. There is no subject within the action of the Government, which will not be found discussed in these volumes. They will contain materials rich in facts and talent for the writer of history, and will reward the researches of all who may wish to acquire a thorough knowledge of our system of government. This work when completed will become, I think, more interesting and valuable to this country, than are the Parliamentary Debates in England. The questions considered, (from the nature of our Government, and especially in regard to our domestic relations,) are more diversified than the Debates in Parliament; and I have no doubt, that the general ability displayed in the American Congress, will not suffer in comparison with that of the British Parliament. Our statesmen and jurists will find in these Debates much to guide them in the performance of their public duties; for it is from the history of that time that knowledge is acquired for an enlightened public action. If our Government is to be handed down to those who come after us, these volumes will increase in value with the progress of time, and will be one of the richest memorials of our early enterprise and patriotism, and the best evidence of our national advancement."

And to these opinions of these two eminent jurists of the value of these Annals, and the qualifications of the publishers for their task, and the merits of their work, is to be added the encouraging opinion of Mr. Madison, given at the commencement of the enterprise, in the year 1818,--near forty years ago,--when, in a letter to Messrs. Gales and Seaton, he said:

"The work to which you have turned your thoughts, is one which justly claims for it my favorable wishes. A legislative history of our country is of too much interest not to be at some day undertaken; and the longer it is postponed, the more difficult and deficient the execution becomes. In the event of your engaging in it, I shall cheerfully contribute any suggestions in my power as to the sources from which materials may be drawn; but I am not aware, at present, of any not likely to occur to yourselves."

Such is the value which these eminent men place upon these annals of our earlier Congresses, and these annals embrace the whole period during which our Government was presided over by those who helped to make it--the whole period from Washington to Monroe inclusive--a period of thirty-five years, and covering more than half the time that our Government has existed. The two Justices of the Supreme Court who gave their opinion of the work, and who were then (as one of them still is) in the actual discharge of great public duties, have declared the personal benefit which they derived from the compilation--one of them (Mr. Justice Story) going so far as to say that his own work--the Commentaries upon the Constitution--(deemed faultless by others)--would have been "more accurate, full and satisfactory," if the Annals had been published before them. With such opinions in favor of the Annals, no more need be said to show their value to the rising generations; and in abridging them, the author feels that he is only making accessible to the community what is now inaccessible to it, on account of quantity and price; and useless (nearly), if accessible, on account of the obsolete or irrelevant matter which overlays and buries the useful. As late as the year 1840, the publishers of the Annals say, in a Memorial to Congress, that they had sold to individuals but twenty sets of their work; and the present enterprising and faithful publisher of the Congress Debates, (Mr. John C. Rives,) says he sells but some three or four sets a year of his valuable and voluminous work;--and these, not to individuals, but to institutions. It is the Congress subscription alone, that has enabled the publishers of all these works to bring them out; and no public money was ever more worthily applied: but still Congress cannot supply the community.

Mr. Madison, in his letter of characteristic modesty to Messrs. Gales and Seaton, speaks of their (then) intended work, as one which justly claimed his favorable wishes. And well it might! for nowhere, in all the just and impressive eulogiums which have been pronounced upon him, does he appear to such advantage as in his own modest, temperate, luminous, and patriotic speeches during his service in Congress--putting that new Government into operation, of which he was one of the founders, and giving to all its machinery, a smooth, clean, and harmonious working. And so of innumerable others--illustrious men, and his compatriots--national reputations in their day, but contracting into local names under the progress of time, for want of a record of their patriotic labors, of national circulation, and popular accessibility. Of that character, it is the desire of the author to make this Abridgment. It is to him a labor of love and of pride--resuscitating the patriotic dead, putting them in scene again, passing them in long procession over an extended domain--no one skipped, and each in his place, with the best of his works in his hand. It is a work of justice to them, and may be of advantage to the present age, and to posterity, by reproducing for study and imitation, the words and conduct of the wise, just, modest, patriotic, intelligent, and disinterested men, who carried their country through a momentous revolution--moulded that country into one brotherly Union--and then put the Government they had formed into operation, in the same fraternal spirit of "amity, mutual deference and concession," in which they had made it.

INTRODUCTION.

The debates of Congress have been accruing for near seventy years, and fill more than an hundred volumes, and cannot be purchased for less than $500, nor advantageously used, on account of the quantity of superfluous matter which they contain. They are printed in full by Congress, and ought to be so, and a small distribution is made among the members; but this distribution cannot reach the community, and would be nearly useless if it did, from the quantity of obsolete, local and transient matter which overloads them. In the mean time, these debates contain the history of the working of our Government from its foundation--preserve and hand down to posterity the wisdom of ages--show what has been done, and how it was done--and shed light upon the study of all impending questions; for there is not a question of the day, and will not be while the Government continues, which will not be illustrated by something previously said in these debates.

All works consisting of periodical accumulations require periodical abridgment, in which, being relieved of what is superfluous, the residuum becomes more valuable from the disencumbrance--of easier use to the reader--and more accessible to the community, from the diminution of price and quantity. Even the reports of the Supreme Court of the United States, though comparatively free from redundant or obsolete matter, have undergone abridgment--three volumes reduced to one--and become more valuable from the reduction. The same may be done with these debates, and with a far greater license of reduction, from the very nature of popular debating. Some fifteen or sixteen octavo volumes, double columns, are expected to contain all that retains a surviving interest in the (more than) one hundred volumes, now surcharged with the full debates.

The abridgment will not be restricted to the speeches of the celebrated orators, but extend to those of the business men, and to the plainest speakers--who are often the members who give the most useful information. Full speeches are not expected to be given, there being none, after a short time, which do not contain much matter that has lost its interest. Many entire heads of reported proceedings and discussions would be omitted: as--The morning presentation of petitions, often the same for ten or twenty years, and presented in both Houses at the same time: discussion on private bills, which have no general interest: mere personalities: the endless repetition of yeas and nays, sometimes recorded an hundred times in contests about the same bill, when three or four sets would be sufficient to show the opinion of every member upon every material point: repetitions of speeches, for it is impossible that a member speaking for ten or twenty sessions on the same subject, (tariff, internal improvement, national bank, &c.) should not repeat the same thing over and over again.

The work is intended to be national, such as would commend itself to the study, and come within the reach, of all who aspire to a share in the public affairs, either State or Federal; or who wish to understand the history and working of their own Government. It is the only way in which the wisdom of the earlier generation of our statesmen who put the Government into operation--the Madisons, Gallatins, John Marshalls, William B. Giles, the Fisher Ames, Roger Shermans, &c.--can be made known to the present or future ages; and it is the best way in which the speeches of those who have lived in our own day, even the most eminent, can be diffused. For the speeches of no one, published in mass and alone, can have more than a local circulation; while judicious selections from a whole debate, enlivened by the vivacity of contention, going into a general work of this kind, must have a general circulation, and carry the name of the speaker, and the best of his speaking, into every part of the Union.

Some notes, or commentaries, will be added by the author, discriminated from the text, to mark great starting, or turning points, in our legislative history, with a view to assist the reader in making the practical applications which give utility to knowledge. For example: At the beginning of the first tariff debate in the first session of the first Congress, he will show that Mr. Madison compressed into twenty-two short lines, of eight or nine words each, all the principles of impost and tonnage duties which have governed all wise legislation upon the two subjects from that time to the present--namely: Specific duties the rule--ad valorems the exception: revenue the object--incidental encouragement to home industry the incident: specifics on all the leading and staple articles--ad valorems on the inferior remainder: discrimination between articles of luxury and necessity, so as to put the burthen on the former--and between articles made, or not made, at home, so as to give encouragement to the home article: and all these duties moderate, so as not to shackle trade or agriculture. These were his principles on impost duties. Those on tonnage consisted of discriminations in favor of our own ships, and in favor of nations having treaties of commerce with us, so as to encourage our own ship-building and navigation, and also to stimulate all nations to make commercial treaties with us. And thus, every object of impost legislation was provided for:--revenue for the Government, encouragement to home industry, exemption from burthen to trade and agriculture.

Then, at the end of that debate, (which began in April, and ended in May,) it will be shown that a rate of duties was established, corresponding with these principles--all moderate, and adapted each to its object: five per centum on the lowest class of ad valorems, seven and a half on the next, and fifteen for the highest, and it of luxuries. The specific duties, applicable to the mass of the importations, at the same low rate; and this low rate, on the small importation of that time, and with the economy of that time, producing seven times the amount of revenue necessary for the "support" of the Government! leaving six sevenths to go to the public debt and Indian wars. The same rates of duty, with the same economy, ought to be equally sufficient now upon a sevenfold importation of dutiable goods.