The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1842-07-09

Mr.. w ELLER followed IN proof OF his asSer-
ton that dsmissons had been made fIom the
Post Office, especially, merely on party grounds.
He narrated at length case in which post
master was dismissed by Mr.. Granger, merely
on party grounds.
In the Senate Mr. PHELPS remarked that, some
days since, the Senator from New Hampshire Mr..
Woodbury. asked leave to introduce two bills in re-
lation to The revenue. On his motion the question
of leave was then laid the table; and now, at the
suggestion of that Senator he would ask the Senate
to take it up
The motion was agreed to; and the question re-
curing granting leave introduce the bills
Mr. LINN asked for the yeas and nays, which
were ordered.
| Mr. WOODBURY. said that if these bills were
not permitted to be presented, 1t must be on the
ground that they impose revenue or duty, and be-
cause is supposed that duties cannot be collected
under any laws now in force. If that be the case,
the country will understand the attitude in which
! Senators placed themselves, and their hands de-
volved the duty of carrying on the Government
| Mr. PHELPS remarked that he not disposed
to detain the Senate on the question as to whether
| they had or bad not system to collect revenue,
nor he disposed to debate the question
whether the Senate was the proper place in
which to consider the bills brought forward
| by the Senator from New Hampshire. lis own
opinion that one of these bills, at all events,
| could not be originated in this body. However, he
thought that the most appropriate would be to
ask leave introduce the bills in order to refer them
to the appropriate committee, who would have the
whole subject before them and could examine into
| the subject, and ascertain whether we have system
under which revenue be collected, and it would
also be competent for them to examine whether the
bills of such character could originate here
| As the question admitted of argument and doubt in
hum hon
receive the bills refer them to the proper commit
tee and let them report their opinions thereon to the
Senate. With this view, he would vote for the refe-
| renee.
ton explicit in saying that all bills for raising
venue must originate in the House of Representa-
tves. This power placed exclusively in their
hands. Therefore he would be obliged, although
with reluctance to vote against the motion OF leave to
| introduce these bills
At the request of MIR. PRESTON, the first bill was
| read, viz:
A bill to extend for time the laws for laying and
| collecting duties on imports
| Be 10 enacted by the Senate and House Of Repre-
sentatiues ofMe United States of America in Con-
gress assembled, That all laws existing in force on
the Both June A. D. 1912, regulating and fixing the
amount and rate of duties to be LEVIED and collected
on goods, wares, and merchandise imported into the
United States, and prescribing the mode of apprais
ing such goods, and collecting such duties and all pro-
visions in relation thereto, shall continue and be in
force, they existed that day. until otherwise pro-
vided by law hereafter passed except that till
such arrangement the duties assessed shall in case
after the SAID Both June, 1912, be higher than what is
equivalent to 20 per cent the value of the articles
imported
! The other bill is in the following words, to wit:
bill to provide for system of home valuation on
goods imported into the United States.
Be 1t enacted by the Senate and House Of Representa-
Tires of the United Stat Of 4merca in Congress
bed, That hereafter the valuation of goods imported
into the ned States shall be ascertalned and regu
lated at the port whele the same shall be entered,
follows lst The value abroad at the place of expor
taiion shall be fixed in the prescribed in An
| to alter and amend lhe several acts imposing du-
ties on imports" passed July IA, 1882 and with a
view charges, freight, and all matters usually
increasing the value here that abroad there shall
be added twenty per cent in imports from be-
yond the Cape OF Good Hope, and fifteen per cent. in
all cases of imports from this side the Cape of Coop
| Hope. And the valuation attained and made,
shall be considered the home valuation of Imports or
the value thereof at the port where entered for all
purposes of assessing duties thereon.
| Mr.. BAYARD observed with regard to the first
named BILL that he should feel himself constrained by
the necessity which had been pointed out by the
Senator from Kentucky, (Mr. Critlenden) tseem
| ed to him, whether it revenue bill or not it
must be tried by the bill itself-they could not have
reference to external circumstances to ascertain the
fact The Constitution expressly prohibited the
ginaon of such bill as this in the Senate of the
| United States. They could not look to collae-
| raj matter-they must take he bill as it APP
peared its face-and this bill, on its face, did
appear to him to be bill. Believing, there
fore, they had power to originate bill like this, he
would be compelled to against it, If the second
bill did not Involve the question of imposing duties,
but merely regulation for collecting duties, it was
another matter t. be considered separately from this
Mr.. MERRICK said that this bill bill TO
raise revenue, or it was not. If laws for imposing
revenue in force on the 3Oih of June they were
still in fnce, and would continue until superseded
by law to be enacted by Congress If there were
no revenue laws in force the Both of June, then |
this bill would enact revenue law. However, he
altogether out of temper with the whole state of
the question.
Mr. WOODBURY. observed that if the Senator |
from Maryland had been in his seal when leave was
asked to introduce the bills, he would have heard
statement of the grounds on which they offered
This bill was mt TO impose new duties, nor to in
crease them, but, there being doubts as to whether
they could collect duties, 1t merely declared what
guaons shall be in force for the purpose of apprasng
importations and collecting duties.
Mr.. PRESTON remarked that if the laws for i'm
posing duties terminated on the Both of June, then |
this was revenue measure and could not be intro
duced in the Senate. lie would prefer that the House
should act first In this matter, for is power with re-
gard to originating measures was undoubted.
If the House delayed too long, he saw no reason why
the Senate should not avail itself poweon this sub
ject, but the conflicting powers ofthe two bodies was
nice question, and they should act scrupulously and
delicatey. He desired to know if leave be granted
for the introduction of the bills, whether it
competent for the Senate at any tme to make and de-
eide the question to the proprety of proceeding
with their consideration.
The CHAIR was understood to say that the qucs-
ton had never been determined
Mr. KING said that If, at any time during the
tendency of a measure, it should be supposed that
they ranscending their powers, the attention of
the Senate could be called to the fact and they could
then postpone the consideration of the bill lndef-
nely.
Mr. HUNTINGTON replied to the remarks of
the Senator frem New Hampshire, and contendcd
that they inhibited by the Constitution from orr
gnniinG bill similar TO That which had been present