Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1844-06-14

| am unable to conceive, and am very sure
shall never be informed. Sir, the natural and
proper rate OF duty seems to be that which is
graduated to the financial necessities of the
country. | know of no principle which requires
the imposition of 90 per cent. if the interests of
the country do not demand it, nor of any which
would limit us to it if the wants of the Treasu.
ry transcend it. But the argument drawn from
this provision of the act is based upon a mere
technically. That rate having been assumed
as atfordlng a sufficient revenue to meet an
economical administration of the Government,
the duties were reduced to that rate, and there
they were left. The provision, that from and
alter the Both June, 1872, such duties should
be payable, was no more than completing the
reduction. and leaving the matter to the future
action of Congress, which was evidently con-
tenplatcd by the act. II the provision be re-
garded as Imperative upon a future Congress-
abrogated and annuls the prominent feature of
the compromise, which does furnish an intelli-
glb|e rule for the discretion of a future Congress,
to wi, "The graduation of their ~inposts to
their financial wants" If it prohibit an increase
OF duties above the rate of twenty per cent, it
leaves no room for the exercise of that dlscrc-
ton, and the governing principle of the act be.
comes unmeaning and impracticable.
But II this construction is fastened upon the
act OF 1888, the provision itself is a nullity. 1t
becomes an idle turtle attempt, on the part Of
the 22d Congress, to limit and abridre the con.
s,i,utional pover of their successors-a niece
of lerislalion, if lerisla,ion it can be called,
which no body is boLnd ia REGARD. and no bodv
will repard. No Senator will claim this mower
for the 1ld Concress. or far anv o,her Cen.
tlcmcn may take their choice of the horns of
the dilemma. II they admit construction of the
act. and concedc that the provision for the rate
Of duty Yields to the paramount consideration o.
the wants of the Governments. then there is no
departure in the law of 1912 from the principles
of the compromise act. If, ON the o,l,cr hand,
thew insist upon the oDDosite construction, the
law becomes a dead letter, and must be aban-
doncd as migratory.
Sir tho cL,rro of fou, ord f,i,b,oss viola.
,ion Of a solemn cn,on,c, by tho o7ih Conrress
has rnnc forth ,o The worlJ I b,ro doomed il,
due TO that CONGRESS- and to myself. as one who
voted for tina, law. to rennl iba charro. Rnt.
sir. I cannot leave the subject hero. have
something more tn saw in reference ia This IA.
mons connromise act. which is 81 often messed
upon lis. as tromreIlipo our lcpi.lation. and
controlling us in the exercise of our conscien.
lions iudument in the DISCHARGE of our hirh du-
ties here.
To, n, o,s,o,,, ,L,, -, l., ,,L.. :,
NAV L,ro TO. w. Ia,nn ,ha, 49,. Ss,,. ~
III! a,n. an 49,, :, Iha., -. n, a,oI
'Gaa,.on 'r .anoa a .a ', W - -, -,
-, ,,.ff,o ~ III ~ 10y .pu y, -
VII :. a.,I - s,ts - "'' "'a W
af i. i,nnora,ira o,L hi,,j.. oLo.ao,ar ~
Sono,n.. ri 49, Hta,.a ,LnLo a,ai"ss.u Jn
.;uaI
"'.'
-, - , aesa'' ,rs la" as d mere act D oiu'"a-
- :. auVJeIu inc otne! i""s, y Nc
"'"'N VI 'SPS"ich ~ 'Hc ulsCIctiOi u Soi-
:, ,vL PHI Wv "o'I ="
or be blot,ed from the s,a,u,e hook is !, INV
i%udrmen a oues,ion of cvnoIiancv orIy ro.
CONFUSE in it no imnera,ivn ar hini,nr nIlira,n,
which shalt conflict win the free eIcrrise If a
sound Ierisia,iv. di.crc,ion do M, admit ,bo
power or the riuh, of the o2I CONGRESS- tn limit
or abr,dre. mr. ira nmel tho cons, iin,,or,I now.
crs of tGoir snc,e.s,rs M, ,bov mi,L, h,nd
us. nv urant of charter. an auv ac, of loT, sla,ion
uartatInnp of the n,turo of = contract. ami brin1-
irr into 7rvis,oncn vested nriy,te r,rh,s is ra,31.
ihv conceded Dut IN rnsnec, of m@asnrns rnst
rir IN considerations of a.vnodnrcv and nuhic
nn1rv and hoyinr fr tLoir rrh;oc, 10 row nIatnn
Of pubIic aH,irs alone. | DOM that thav conLI
chain MS dawn IA a,v cnursa of nolicv winch
thav in ,hoir iud,mont uirh, doom ovncdart
Thov ov,rc,c. tHoir Lorii,,iyo nov.,r in ,L.ir
avn disrretion. AZ tb,ir hos, Indictment di,,atnL
under their re;pousIbiuty TO thrir constituents
and their own conscienccs, and when they had
done so thely Transmitted to their successors
and to us that power, to be exercised in the
same manner, as fully as they possessed it,neith.
err impaired nor abridged. The act is called a
COMPROMISE. A compromise OF what /! OF con-
| flicting opinions, like that which occurs IN every
important act OF legIsiatlon-a compromise ne
cessary often to enable us to act at al, but rest
lnT, alter all, upon cons!de.ationsoi expectancy
alone.
Sir, there can be no COMPACT without the as
sen, of parties. If their act Is viewed as such,
by whose assent am bound had hot the
homer of a seat here when this celebrated act
was passed. NV own personal assent has never
been rlyen. NV predecessors opposed the pas.
sare. The voice of the State winch. in con.
ueNiou with nv honorable colleague, have
the honor to represent here, as expressed IN both
these Halls, protested against it. The act was
imposed upon US by the Will OF the majority, by
force of legislative authority, as a legislative act
This was It's origin, and on this footing 1t stand.
still. There let 1t stand, as a monument OF mu'
tual concession and good wIll--and let 1t be
maintained, # 1t be maintained. at all, not upor
the iallacIOus and mistaken attribute OF peculiar
sluctIty, but uDOu the more rational aud teuablt