were conflicts
between members from manufacturing districts and those from
agricultural constituencies, and though the salt protectionists of New
York had some difficulty in carrying their point, the contention did not
follow sectional lines. Coal was added to the list on the motion of a
member from Virginia. The duties levied were, however, very
moderate, ranging from five to twelve and one-half per cent, with an
exception in the case of one article that might be considered a luxury.
The bill as it passed the House discriminated in favor of nations with
which the United States had commercial treaties. That is to say, it
favored France and Holland as against Great Britain, which had the
bulk of America's foreign trade. Though Madison insisted on this
provision and was supported by a large majority of the House, the
Senate would not agree to it. During the early sessions of Congress the
Senate met behind closed doors, a practice which it did not abandon
until five years later. From the accounts of the discussion preserved in
Maclay's diary it appears that there was much wrangling. Maclay
relates that on one occasion when Pennsylvania's demands were
sharply attacked, his colleague, Robert Morris, was so incensed that
Maclay "could see his nostrils widen and his nose flatten like the head
of a viper." Pierce Butler of South Carolina "flamed away and
threatened a dissolution of the Union, with regard to his State, as sure
as God was in the firmament." Thus began a line of argument that was
frequently pursued thereafter until it was ended by wager of battle. On
several occasions the division was so close that Vice-President Adams
gave the casting vote. Although there was much railing in the Senate
against imposts as a burden to the agricultural sections, yet some who
opposed duties in the abstract thought of particulars that ought not to be
neglected if the principle of protection were admitted. Duties on hemp
and cotton therefore found their way into the bill through amendments
voted by the Senate. Adjustment of the differences between the two
houses was hindered by the resentment of the House at the removal of
the treaty discrimination feature, but the Senate with characteristic
address evaded the issue by promising to deal with it as a separate
measure and ended by thwarting the House on that point.
On the whole, in view of the sharp differences of opinion, the action
taken on the tariff was remarkably expeditious. The bill, which passed
the House on May 16, was passed by the Senate on June 2, and
although delay now ensued because of the conflict over the
discrimination issue, the bill became law by the President's approval on
July 4. This prompt conclusion in spite of closely-balanced factions
becomes more intelligible when it is observed that the rules of the
Senate then provided that, "in case of a debate becoming tedious, four
Senators may call for the question." Brief as was the period of
consideration as compared with the practice since that day, Maclay
noted indignantly that the merchants had "already added the amount of
the duties to the price of their goods" so that a burden fell upon the
consumers without advantage to the Treasury. Such consequence is
evidence of defect in procedure which the experience of other nations
has led them to correct, but which has continued to increase in the
United States until it has attained monstrous proportions. Under the
English budget system new imposts now take effect as soon as they are
proposed by the government, the contingency of alteration in the course
of enactment being provided for by return of payments made in error.
The general tendency of civilized government is now strongly in favor
of attaching the process of deliberation upon financial measures to the
period of their administrative incubation, and of shortening the period
of formal legislative consideration.
One of the tasks of Congress in its first session was to draught
amendments to the Constitution. The reasons for such action were
stated by Madison to be a desire to propitiate those who desired a bill
of rights, and an effort to secure acceptance of the Constitution in
Rhode Island and North Carolina. Promises had been made, in the
course of the struggle for adoption, that this matter would be taken up,
and there was a general willingness to proceed with it. Under the
leadership of Madison, the House adopted seventeen amendments,
which were reduced by the Senate to twelve. Of these, ten were
eventually ratified and formed what is commonly known as the Bill of
Rights.
Apart from this matter, the session, which lasted until September 29,
was almost wholly occupied with measures to organize the new
government. To understand the significance of the action taken, it
should be remembered that the passions
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