The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-07-25

IN The House of Representatives., June, 80, lS46-on
the tariff bill.
Mr.. BAYLY said;
Mr.. CHAIRMAN: Unlike the gentleman from Ohio,
Mr. BRIHKEaHOFF,l l shall vote with great pleas
sore fos the h reported from the COMMITTEES OF
Ways and Means, with such amendments an It rs
understood the chairman Of thai committee will pro-
pose although i may not be precisely such bill
as | could desire. But Il is great--a very great
Improvement upon the tariff act of 1912, and Is in
every respect much better bill than l had hoped
we should be able 20 pass at so early date.
II is true, doubted that sooner or later we
would return TO correct principles Of Legislation on
this subject But bad hardly hoped that the day
of regeneration would have arrived so soon. 10
the &C, OF 1912 the most universally recognised
revenue principles were disregarded. hold II TO
be an nconroverble principle that the burdens OF
taxation should be principally borne by the wealthy
and rot by the poor. Government is instituted
for the joint protection Of persons and property.
The wealthy enjoy greater amount of protection,
and ought 10 pay more for Il. Besides, tax falls
more easily upon them, as they make a smaller
sacrifice in paying IL. IL is a kindred principle,
equally well recognised, that taxes should rather
be imposed upon Injuries which may be dispensed
with than upon necessaries which cannot In the
former the tax Is voluntary in the latter IL is
unavoidable. Both Of these principles are glsringy
violated in the act referred The highest duties
are placed upon necessaries, and articles principally
consumed by the poor, and the lowest upon uxu'
RES, and such as are mostly consumed by the rich.
This has been so frequently and incontestably
proven that it would be superhuous for me to go
into detail to establish it now. This condemns the
law as revenue measure. But II was enacted
for the purposes Of protection. Protection Is
stamped upon every feature oft Nor is il neces-
sary to stop to prove this. is defended as pro-
ective Tariff and far from any ones denying that
il is such, we are told throughout the debate
hat In Franoad athsr princlnle WOul1
be destructive TO the best interests OF the people IL
being conceded to be tariff levied for the pur-
poses of protection the first question which suggests
itself u.s. Had the Congress which enacted 1t any
warrant in the constitution for doing Sol
approach, Mr. Chairman, this branch Of the ar
gument with reluctance. | know that there is a
great and growing indisposition in this House to
listen TO an argument against any measure based
upon the denial of the constitutional authority OF
Congress TO pass it. We have been told by gen.
deman from Vermont, Mr.. CoLLAnER,l jurist,
standing high in the confidence Of his party that the
constitution is of no avail as a restraint on Con-
gress or any farther than il prescrbes the forms
Of government. | knew that his party for long
time had acted upon this idea but did not expect
hear II so soon, and suthoritativey announced
Mr.. CoLLAMER here interposed, and said that he
had not expressed opinion that such ought 10 be
the case. but only that such was the case st
Mr. BAYLY. That only makes the matter worse.
1t is not announced the opinion Of very intel
gent aad observan gentleman, but by such an one as
fact 1 hope he is mistaken. hope, at so early a
period in rational existence, the constitution has
not already ceased to be, what its trainers derigDed
it. limitation of power in Congress and restraint
upon il. hope the time has not already arrived
when the discretion of Congress, and not the con-
sitution, is the measure of its power. If So rev.
oution has alread taken place--stealthiy and I'M
observed by the people, it is true, but no less mighty
on that account. But, sir, although cannot admit
Il tL. nat
see that they rapidly tending to It. This I'M
poses upon such of us as value the constitution as
something more than book of FORMS who cherish
its checks and balances, its limitations and restraints
as the palladium of our liberties the duty of appeal
ing and proclamng, and, as far as we cam OF sus-
tanning its supremacy. Sir, at the risk OF rdlcnle,
and being pointed at as a Virginia abstraction
ist, | mean, as long as l remain in public
life, to support and defend the constitution as the
fathers Of the republic made and construed 1t, and
as the administration of the government has more
than once been revolutionized to maintain It, Sir,
this occasion, appeal to the constitution, not as
dead FORM but as still living thing and thus APP
pealing to it, desire shall be shown in which OF
its clauses you find the power delegated to enact a
protective tariff Unless this can be done, II
must be abandoned. Let see if it can be done.
All Of the powers of the general government are
derivative. II possesses no power which is not
delegated. BY an express provision of the consti-
gated to the United States by the constitution, nor
prohibited by it to the States are reserved to the
States respectively, or to the people," The constr
tuition not only contains delegation of powers, but
to great extent of the means by which they are to
be executed and the ends for which they are to be
exercised IT, therefore, the clause cannot be point
ed out in which this power is delegated, either in
express terms or by necessary implication as 9
means or an end, it cannot be maintained. The
power question, is claimed by some as conferred in
the power to lay and collect taxes duties, &C; ano
by others incident to the power to regulate com
mercc. Before | proceed to examine these two
clauses in detail, think it proper to submit few
general remarks. 1t will scarcely be disputed that
in exercising power expressly granted, you mus
not lose sight Of the purpose for which 1t was
granted. If you exercise such power for pur
poses not contemplated, you as ehectualy violate
the constitution as if you usurp power altogether
And il is equally clear, upon every principle OF con-
straetion applicable to our constitution, that pow
or claimed as an incidental one must not be dis
tinct, independent, and substantive prerogative, o.
equal consequence, and more especially of superior
consequence, to others expressly granted. For you
cannot suppose that when the trainers of the con-
stitution took the pains TO make a minute enumera
ton Of such powers it meant to confer others, by
mere implication, of as great Importance
Bearing these princi lies in mind, which will
scarcely be contested, let us examine the two
clauses under which the power to enact protective
words
The Congress shall have power TO lay and collect take,
duties, mpos and excuses TO pay the debts and pr0vd
for the common defence and general welfare Of the Unite
sesj but all duties mposs and excuses shall be uniform
throughout the United states" .
Here, it is said, is express authority to lay AM
collect taxes duties, and imposts and the tariff o
1912 Is nothing more than law doing it. This i
true. But it must not be forgotten that the pur
poses for which the power is given are as explicitly
stated as the power itself The power is to rails
money, and the purpose to discharge the pecunisr,
liabilities and engagements of the government Thi
is the purpose, and not to encourage manufactures
But to this is answered that the purpose for whic
the power is delegated, is not only to pay the debts
but to provide for the common defence and genera
welfare; and il is contended that II Congress sha
be Of opinion that these objects will he promoted
eprotective tariff, it has the power expressly give
to enact II for that purpose. In other words III
power is claimed under what is Familiarity called III
general welfsre doctrine" This doctrine has bee
30 frequently exploded that feel iudisposed to
much in reference to il. Admit it to be true, an
you make almost every other clause Of the const
=. Hal