The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1861-02-13

But Sir, Arr1ies, Money, Blood cnnnot maintain
this Union--Jasiice, Reason, Peace Nay.
speech of Hon. GEORGE m. PEN
DLETON, OF Ohio. on tile state
of the UMiOn---DeIivered in the
House of representative, Jan.
I6, 1861. ~ 80
The House being in the COMMITTEES OF the
Whole on the State OF the Union, Mr.. Pendls.
ton said:
Mr.. CnARMAS: desired this morning, be-
fore the House resolved itself into Committee OF
the Whole, to obtain the floor, that might
present the memorial which hold in my hand.
1t comes from ten thousand citizens Of Cincin
natl, and prays Congress to adopt the PROPOSE
tions introduced into the Senate by the Senator
from Kentucky, (Mr. Crittenden9 could not
have had an introduction to the remarks which
| shall make, more grateful to my own feelings,
than this exhibition OF the sincere desire, and
the determined purpose OF those whom ! have
the honor to represent, by Cancellation and COM
promise and peace, to compose the difficulties
which now exist throughout the country.
The bill, MIR. Chairman, now before the COM
mittee, is the Army appropriation bill. Perti-
nent to it, and to the discussion we have had
upon it, is the consideration of another bill,
which | find upon the table, 1t was introduc
ed by my colleague, (Mr. Bingham,) 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" l propose to
detain the House for few moments with an
examination Of the provisions Of this bill. 1t
provides, sir, that whenever unusual impedi
ments to the collection ofthe revenue, shall ex
ist in any port or harbor, the President IF the
L aLi isck
the custom house on board a ship; and IN that
event, the collector shall reside on the ship
1t also provides that the collector shall have au
thorty to seize and detain any vessel with its
cargo entering the harbor, until the duties shall
be paid in cash; and in order to enable him to
execu.e the duties thus imposed the President
may invest him with the control of the land
and naval forces, or militia OF the United States.
The bill further provides that his custody ofthe
vessel and cargo shall not be interfered with
except upon warrant issued out Of the Fed
eral court.
Mt, Chairman, the first and most obvious
subject Of comment is the extraordinary power
which this bill vests in 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 fit to demand; and
it is expressly provided, that his discretion in
the performance of that duty shall not be con.
trolled, or be subject to revision, except in a
Federal court. Yet it 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 intention on the
part of the Executive, or the friends of this bill,
to establish one; indeed, there Is n express de-
termination to permit the vacancy still longer
to exist.
Mr.. Bingham | would be 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. I know it, Mr.. Chairman.
from the fact that in the message Of the Pres-
dent at the opening of this session of Congress,
he told us that it was not necessary that the
vacancy should be supplied. 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 existence 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. &2 @A
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 op
Grafton Of the warehousing system; it takes a
way from the ports, to which it is made to ap-
ply all the benefits to be derived from that sys
tenn, whereby importers may keep their goods
in the warehouses OF the United States for three
years, without tho payment Of duties. And
yet, the bill is net general in its terms; it is not
universal in its application; it is intended to ap
ply, and by its terms is made to apply, only to
those parts which the President in his discre-
tion, or in his fears, may select--plainly, pal
pably contravening that clause Of the Constitu
ton which provides that "No preference shall be
given BY any regulation OF commerce or Of rev.
enue, to the ports of one State over those OF a.
MOTHER" t-t
am aware, MIR. Chairman, that gentlemen
claim to have high authority for this bill -
They pride themselves upon the astuteness with
which they have copied the first section OF the
act of 1883 1t seems to me. they fail to OBJ
serve vast difference circumstances between
that time and the present. In 1888, the State
Of South Carolina apnulled one of the laws oil
Congress, or endeavored to do so. She admit
ted our jurisdiction; she acknowledged our gen.
era authority; our courts were in tull operation;
our civil officers enjoyed their offices, and per-
formed their duties; the machinery of our Fed
eral Government was perfect in all its details
throughout that Stale. 10 day, sir, four States
oil this Union have, as far as their power ex-
tends, seceeded from it. Four States, as far as
they are able, have annulled the grants Of pow.
er made to the Federal Government; they have
resumed the powers delegated by the Consti-
tuition; 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; they ask no benefit from our laws;
they seek none OF the advantages OF the coned.
GRAFTON. On the other hand, they renounce
their allegiance; they repudiate our authority
over them; and they assert that they have as
sumed, sume Of them that they have resumed
their position amodg the family OF sovereignties
among the nations of the earth.
Sir, deal in no harsh epithets. will de-
nounce no State, no body OF men. will not
pause to inquire whether they have done all
this legally, or wisely, or upon sufficient cause.
They have done it; and recognize the fact
They have done it, with unanimty of senti-
ment, with coincidence of opinion among their
people, which is without parallel in the history
of revolutions; and the simple question, present
ed to us to day, is this; whether, throughout
the limits Of those States which thus formally,
thus orderly, thus by the enactments of repre-
sentative bodies OF highest capacity known to
the civilized nations conventions duly author
lied and properly elected, to consider this very
Question declared themselves independ-
ent Of us, we are prepared by force Of arms to
maintain our supremacy and enforce our laws?
Gentlemen will remember that when my