The northern galaxy. [volume] (Middlebury, Vt.) 1844-1848, 1844-04-10


manent are the home valuation-the cash may
ment and the limitation of imposts to the ex
igencies of the treasury. All the rest is mat
ter of detail intended to carry out those prin
ciples. Twenty per cent ad val. was assumed
Enormously as the result has proved) as al
adequate rate, and upon that assumption the
duties were reduced accordingly. This rate
was found too low and was necessarily raised
to conform to the criterion furnished by the
Act itself-Sir the only aspect iHu>which the
Act of 1912 can be brought into q ision with
the compromise Act is to force upon the lat
ter the construction that it was designed to
limit the imposition Of duties forever thereaf-
ter to the rate oftwenty per cent. This rate
of duty seems to be great favorite with some
Senators. II has been denominated the Eat
ural rate ofimport,-the neplus ultra Of inan-
cial operations in the region of customs.
Whence this notion was derived 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 i'm
position ofthai rate ifthe interests ofthe coun-
| try do not demand it, nor Of any which would
limit us to tiff the wants Of the treasury trans
cend it. But the agreement drawn from this
provision Of the Act is barred upon amere tech
nicality. That rate having been assumed as
| afordlng sufficient revenue to meet an econ
omical administration of the government, the
duties were reduced to that rate and there they
were left. The provision, that from and after
the 30th June 1912 such duties should be pay
able, was no more than completing the reduc-
ton and leaving the matter to the future ac-
ton of Congress, which was evidently con-
templated by the Act. If the provision be
regarded as imperative upon afuture congress,
it abrogates and annuls the prominent feature
of the compromise, which does furnish an in
telligible rule for the discretion of a future
/ Congress to wit 'the graduation of their i'm
( ports to their financial wants. If it prohibit
an increase Of duties above the rate Of 90 per
cent, it leaves no room for the exercise Of that
discretion, and the governing principle Of the
( Act becomes unmeaning and impracticable.
| But if this construction is fastened upon the
Act of SO the provision itself is nullity. 1t
! becomes an idle, futile attempt, on the part of
the 22d Congress, to limit and abridge the con-
( stitutional powers of their successOrs-a piece
of legislation, it can be called, which nobody
is bound to regard and nobody will regard.
No Senator will claim this power for the ODD
| Congress, or for any other. Gentlemen may
take their choice OF the horns ofthe dilemma.
If they admit my construction of the Act, and
concede that the provision for the rate of duty
yields to the paramount consideration of the
wants Of the government, then there is no de-
parture in the law of 1912 from the principles
of the compromise Act. II, on the other hand
| they insist upon the opposite construction, the
law becomes dead letter and must be aban-
doned as nugatory-
Sir the change of a foul and faithless viola
ton of solemn compact by the 9th Congress
has gone forth to the world. have deemed
it due that Congress and TO myself, as one
who voted for that law, to repeal the charge.
But Sir | cannot leave the subject here. l
have something more to say in reference TO
this famous compromise Act, which is so of
ten pressed upon us as trammeling our legis-
lation and controlling us in the exercise Of our
Conscientious judgment in the discharge ofour
/ high duties here.
Let the construction OF that Act be whatit
may, have yet to learn that, as Senator on
| this floor, am not at liberty to vote for its
modification or repeal, or for any subsequent
Act of legislation shall superscde and annul it.
Much is said of the sanctity of the comprom-
! ise,-of its imperative and binding character
| Can Senators tell me whence these qualities
are derived!
Sir regard this law as mere Act of Or
binary legislation subject like other laws to
be modified or repealed in the discretion of
Congress, whenever in their opinion the pub
lie veal requires it. Whether it shall remain in
force or be blotted from the statute books, is,
in my judgment, question Of expediency,
only. / recognize in it no imperative or
binding obligation which shall conflict with
the free exercise of a sound legislative discre-
ton. ] do not admit the power, or the right
of the pod Congress to limit, or abridge, or
trammel the constitutional powers Of their
successors. That they might bind US by grant
or charter, or any Act oflegislation partaking
of the nature of a contract and bringing into
existence vested private rights, is readily con-
ceded. But in respect of measures resting
in considerations of expedieney and public
policy, and having for their object the regula-
ton of public affairs alone, l deny that they
could chain down to any course of policy
which they in their judgment might deem ex-
pedent. They exercise their Legislative pow
er in their own discretion, as their best judg-
ment dictated, under their responsibility to
their constituents and their own consciences,
and, when they had done so. they transmitted
to their successors and to us that power, to
they possessed it, neither impaired nor abridg-
ed.
The Act is called compromise. A
compromise of what Ofconflicting opin-
ions, like that which occurs in every i'm
portant Act of legislation-a compromise
necessary often to enable US to act at all,
+ but resting after all upon considerations Of
expediency alone.
| Sir there can be no compact without the
: assent of parties. If this Act is viewed as
J such, by whose assent am braved had
not the honor of seat when this celebra.
ted Act was passed.-My own personal
assent has never been given. My prede.
cessors opposed the passage;-the voice Of
the State, which in connexion with my
, honorable colleague have the honor to
represent here, as expressed in both these
f Halls, protested against it. The Act was
imposed upon us by the will ofthe MAORI
ty, by force of legislative authority-as a
legislative Act. This was its origin-and