Holmes County farmer. [volume] (Millersburg, Ohio) 1857-1926, 1861-02-14
SPEECH
HON. GEO. II. PENDLETON,
OF OHIO,
On the State Of the Union.
DELIVERED IN THE HOUSE OF REPRESENTA-.
TlvEs, JANUARY 18, 1861.
SPEECTT


Mr.. CHAIRMAN: desired this morning,
before the house resolved itself into Com.
mittee of the Whole, to obtain the floor,
that | might present the memorial which
| hold in my hand 1t comes from ten
thousand citizens of Cincinnati, and prays
Congress to adopt the propositions intro
duced into the Senate by the Senator from
Kentucky, (Mr. CnITTENDEN.) l could
not have had an introduction to the re-
marks which | shall make, more grateful
to my own feelings, than this exhibition
OF the sincere desire, and the determined
purpose of those whom I have the honor
to represent, by conciliation and COM
promise and peace, to compose the diff
culties which now exist throughout the
country
The bill, Mr.. Chairman, now before
the committee, is the Army appropriation
bill Pertinent to it, and to the discus
sion we have had upon it, is the consider
alton of another bill, which | find upon
the table. 1t was introduced by my col
leaghe, MIR. BINGHAM, J who is a member
OF the Committee on the Judiciary, and
is entitled can act further to provide for
the collection of duties on imports"
propose to detsin the House for few
moments with an examination of the pro-
visions of this bill. 1t provides, sir, that
whenever unusual impediments to the col
lection of revenue, shall exist in anv port
or harbor, the President of the United
States may, at his discretion, establish
the custom house on board ship; and
in that event, the collector shall reside on
the ship. 1t also provides that the col
lector shall have authority to seize and
detain any vessel with its cargo entering
the harbor, until the duties shall b. paid
In cash; and in order to enable him to ex-
ecute the duties thus imposed, the Presi-
dent may invest him with the control of
the land and naval forces, or melitia of
the United States. The bill further pro-
vides that his custody of the vessel and
cargo shall not be interfered with except
upon warrant issued out Of the Federal
court.
Mr.. Chairman, the first and most OBJ
vious subject of comment is the extraor-
dinary power which this bill vests in a
subordinate officer of the customs. He is
entitled to use the Army and the Navy
OF the United States, to seize and detain
any vessel which shall refuse to pay the
customs, which he may see fiji to demand;
and it is expressly provided, that his dis
cretlon in the performance of that duty
shall not be controlled; or be subject to
revision. except in Federal court. Yet
1t is well known to every gentleman on
this floor that. in the State to which the
bill was intended to apply, there was not
then. and is not now, any Federal court
in existence, and that there is no inten-
tion on the part of the Executive, or the
friends of this bill, to establish one; in
deed, there is an express determination to
permit the vacancy still longer to exist
Mr.. BINGHAM. | would he obliged to
my colleague if he would tell the House
how he knows that such is the intention
of the friends of this bill?
Mr.. PENDLEToN. know it, Mr.. Chair
m an. from the fact that in the message of
the President at the opening of this session
OF Congress, he told us that it was not
necessary that the vacancy should be sup
piled. | know it. also, because Senator
from Ohio, (Mr. WADE. in addressing
the Senate not long since, expressly stated
his opinion that we could we'll dispense
with the existance of Federal court in
the State Of South Carolina, or in any
seeding State. And thus, sir, without
Federal courts in those States, under the
provisions Of this bill, the discretion of
the revenue officer, armed with all this
enormous power, is without limitation
and without control.
The next comment, Mr.. Chairman, that
| make upon the bill, is this: it provides
that the duties shall be paid in cash; it
suspends the operation of the warehous-
ing system; it takes away from the ports,
to which it is made to apply, all the bene-
fits to be derived from that system, where
by importers may keep their goods in the
warehouses of the United States for three
years, without payment of duties. And
yet, the bill is not general in its terms; it
is not universal in its application; it is
intended to apply, and by its terms is
made to apply, only to those ports which
the President, in it's discretion, or in bis
fears, may select-plainly, palpably con
travening that clause of the Constitution
which provides that "No preference shall
be given by any regulation of commerce
or OF revenue, to the ports Of one State
over those of another"
| am aware, Mr.. Chairman, that gen
tlemen claim to have high authority for
this bill. They pride themselves upon
the astuteness with which they have CO.
pied tho first section of the act Of 1888.
1t seems to me, they fail to observe vast
difference of circumstances between that
time and the present. In 1888, the State
OF South Carolina annuled one of the laws
OF Congress, or endeavored to do so. She
admitted our jurisdiction; she acknowl-
edged our general authority; our courts
were in full operation; our civil officers
enjoyed their offices, and performed their
duties; the machinery of our Federal Gov
ernment was perfect in all its details
throughout that State. To-day, sir, four
States of this Union have. as far as their
power extends, seeded from it. Four
States, as far as they are able. have an
nulled the grants OF power made to the
Federal Government; they have resumed
the powers delegated by the Constitution; /;
they have Cancelled, as far as they could,
every Limitation upon the full exercise Of
all their sovereign rights; they do not
claim our protection. thav ask M henafit