Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1846-09-22
POLITICAL.
SPEECH OF THOMAS H. BAYLY

SPEECH OF THOMAS H. BAYLY,
OF VIRGINIA.,
Uei,rcrsd IN The House Of Representatives. Tuesday,
June 80. l546TI9 COMMITTEE Of the Whole
from The Committee of Ways and Means
amendalory OF the Tariff law Of 1912.
Mr.. BAYLY addressed the Committee as fol-
lows:
Mr. Chairman: Unlike the gentleman from
Ohio (Mr Brinkerhotf,) shall vote with great
pleasure for The bill reported from the Committee
OF Ways and Means, with such amendments as
ii is understood the chairman Of that committee
will propose, although il may not be precisely
such bill as could desire. Butt is a great,
very great improvement upon the Tariff act Of
1912, aud is in every respect much better bill
than had hoped we should he able 10 pass al so
early dase. 1t is true | never doubted thai
sooner or later we would return TO correct princi.
pies of legislation on this subject. But had
hardly hoped that the day OF regeneration would
have arrived so soon. In the act vi 1912, reve-
nue. principles the most universally recognized
were dsresarded. hold ii 10 be an inconlrovert-
ible principle that the burdens Of taxation should
be principally borne BY the wealthy, and not BY
the poor. Government is instituted for the Joint
protection of persons and properly. The wealthy
enjoy greater amount Of projection, and ought
10 paw more for it, Besides, a TAX falls more ca
in paying il. II is kindred principle, equally
we'll recognised, that taxes should rather be i'm.
posed upon Injuries which may be dispensed
with, than upon necessaries which cannot. In
the former case the tax is voluntary; in the latter
il is unavoidable. Boh of these principles are
glaringy violated in the act referred TO. The
highest duties are placed upon necessares and
articles principally consumed by The poor, and
The lowest upon Injuries and such as are mostly
consumed by the rich. This has been so frequent.
ly and inconlesably proven, that il would be su-
perhuous tor me TO 60 into detail to establish II
now. This condemns the law as revenue mea-
sure. But il was enacted Tor the purposes oil pro-
lection. Protection is stamped npon every lea-
iure of it. Nor is il necessary to stop to prove
this. II is defended as protective tariff and so
far from any ones denying that il is such, we are
told throughout the debate that law framed up
on any other principle would be destructive TO The
bes, interests of The people. Il being conceded 10
be tariff levied for The purposes OF protection,
the first question which suggests itself is, had The
Congress which enacted itany warrant in The con-
slilution for doing sol
approach, Mr. Chairman, This branch of the
Argument with reluctance. know that there IS
grea, and growing indisposition in this House 10
listen to an argument against any measure based
upon the denial of the constitutional authority OF
Congress 10 pass il. We have been told by
gentleman from Vermont, (Mr. Collamer,) ju-
ris, Standing high in the confidence of his parry,
that The Constitution is OF no avail as restraint
on Congress- or any farther than as il prescribes
the forms Of government. knew that his party
for long time had acted upon this idea, but
did not expect TO hear il soon, and SO authorila-
lively announced.
tMr. Collamer here inlerposed, and said tina,
he had not expressed an opinion ,ha, such ought
A N fhate al IL
Mr.. Bayly That only makes the matter
worse. II is not announced as the opinion of a
very intelligent and observant gentleman, bu, by
such an one as a fact. hope he is mistaken.
hope. al so early period in our national exist
snce, the Constitution has NOT already ceased to
be what its trainers designed it, Limitation of
power 10 Congress, and restraint upon il.
hope the time has not already arrived when the
discretion of Congress, and not the Constitution,
Is The measure OF its power. II so, revolution
mas already taken place-stealthily and unobserv-
ed BY the people it is true, but no less mighty on
maj account. But, Sir, although cannot ad-
mt Ina. events have already carried US 10 this
POM, yet see that they rapidly tending to il.
.nse imposes upon sucn of us as valne the Con-
ouuuon as something more than book forms,
VINO ehesisn lis checks and balances, its limila.
.:ou' anu restraints, as the palladium OF our liber-
ues' 'oe eu'y OF appealing 10 and proclaiming,
dnd, as lar as We can. of SUSTAINING lis sunrems'
s sy s. at T risk OF 1dcas and being point
long as remain in public life, 10 summon, and do.
lend The Constitution as the fathers Of the Repnb.
lie made and construed it, and as the adminis,ra.
ton Of the Government has more than once been
levou'ionized TO maintain it. Sir, on this occa.
sion appeal TO the Constitution, not as dead
ioun, but as still living thing and thus appeal.
.S , 10 II desire tshall be shown in which of its
Pro,ss,;yyo you find the power delegated to enact
mns ,ti hs e Tariff Unless this can be done, il
An nj tho soandoned. Let US see if il can be done.
deriva,;vs p1~ers OF the General Government are
lesa,ed b. !. Possesses no power which j. notde-
lion Itself !, e1press provision OF the Constitu.
By 10 the Ss, sy hs Constitution nor prohibited
spectvely or to the s's reserved TO the States re-
no, only contains delegation Of no~er. hui,
as'eat extent Of the means BY which P ,bsS Uu' 10