Year: 1861

Us 4COls -a.s=E 81


said, and with great respect for their opinions, an


competed to differ with them. 1t seems to me


that objections exist, now is the fine OF all 9th


ers to state them. The organization of the gov


ernment will not be In the least retarded. Nor


"li the affections of the people for it be in the


least weakened by such course; whilst by it


pubic attention will be aroused, a just criticism


invoked, and if the objections well taken, pro


per amendments to remove them will be suggested.


Ii not well taken, the challenged investigation


Will only result in settled conviction that the


Cohstltuton ls as near perfect could be desired.


nave also been told by many that although in


their opinion my objections sound in principle,


the character of the distinguished Chief Magis-


trate of the Confederate States is sufficient guar


antce that these enlarged powers will not be abus-


ed: | admit it. have known him long. He is a
soiaief, statesman, and gentleman, and may be
safely trusted. But it would be crime to forget
/ that the chair once occupied by George Washing
ton s now filled by Abraham Lincoln. -sf
have been requested by several members to
dehne with more accuracy the principles of the


English Constitution, to which likeDed the frat
clause of this, to which objected. Originally the


King was surrounded by body known as the


Privy Council the Cabinet Council being thing of


comparatively modern origin. IT is known of all
that the two last HenrV's governed the realm with
an absoluteneas greater than had been practiced


for many years before. Their orders were tamely
registered and their demands readily granted by


suhservient Parliaments. The Kings commands
had only to be known in order to pass through the


required forms into laws of the land During the
reign Of Mary some slight symptoms of Parliament
arylndependeDce were manifested The imperious


and naughty Elizabeth, with all her stern courage


and acknowedged ability, to govern, found it i'm.


possible to repress, by threats and intimidation,


the growing clamor for the liberties of Parliament.
| And with that versatility and tact for which she


was SO remarkable, adopted personal influence and


ministerial persuasion when coercion was no longer
available. She accordingly nsinpated her Minis
tiers, kbollys. Hatton and Robert Cecil, upon the
| floor of the House Of Commons whose adroitness
there enabled her to win what she could no longer
| extort by absolute command.


This is the origin of seats on the floor of the Com
/ mons by Ministers of the Government. Onittipg
/ what occurred between that period and the reign


of William the Third, it is sufficient to state that at


this later period the Cabinet, as scnntradistnguished
| from the Prvy Council was first called into exist
ence. And with slight and immaterial nlodfca-
| tions, the practice has since obtained that a


defeat of the Mnstry resulted either in the disso-
! luton of the Cabinet and the formation of new


one or an appeal by the Ministers to the people in
| new election--the object in either alternative
| being to carry out the popular will.


| I now direct the attention of the Convention to


the first paragraph, eighth section first article, OF
| the Constitution.


| Ipremise by saying my theory is that of free
| trade. If could control the destiny of the coun.
| try would marry the Confederate States to the


ocean that washes their coastline, Venice of old
| welded her Doge to the Adriatic I would strike


of all fetters from commercial traffic and allow it
| to float free over the storm ruffled bosom of the
deep. would give free ingress and egress to the
| cargoes of all friendly powers. would allow the


ships of all nations to fetch and carry on the
| terms. I would put agriculture, commerce, and
| manufacturing industry on the same footing. /
| would allow all men and each pursuit. to stand or
| fall on their or its own merits. On the broad prin-
| cples Of equality would secure all interests, but
| favor none. Men may have honestly differed years
| ago. under the old Government, on the question of
| protecting home industry against what was CON
| the
| labor. Whatever of force plausbity may have
| entered into the argument in favor of protection
| then entirely ceases now. The population of the
Confederate States is almost exclusively agricutu
raj or commercial. Our interest is to sell in the
| highest and buy in the cheapest market. Any re-
| strction imposed on these privileges will initiate
against our progress. And do not hesitate to de-
| clare that onward march to future wealth and
| greatness will be much impeded by Custom house
| regulations. In proof of which it may be safely


said that the perfect system of free trade existing
between the States under the old Government con
| trihuted more than any other cause to the unex-
| ampled prosperity of the people,


The pecuiarity OF our position, independent of


all other considerations, points out the propriety


of absolute free trade. To say nothing of the i'm
mense outlay along the coast line for custom.
| houses and revenue cutters, and the expense oil
| providing the various regiments of employees Incl


dent to such establishments have frontier line


of thousands of miles, extending from the Atlantic


in the East to the foot of the Rocky Mountains
| in theWest, thence seuthward to the mouth of the


Rio Grande. If we do not guard this frontier, it is


palpable that imporatons will cross it continually
| in fraud of the public revenue. If we attempt to


guard it efficiently the number of men required for
| that purpose will be very great. A continuous
chain of cn7tom.honses or military posts, will have
to be established for thousands of miles, all along
the frontier line. And it will be found after trial
that the expense Of collection will be enormous
My information is that along the French frontier
bordering Germany, Italy and Belgium the cost


of establishments and pay of men exceeds the gross


amount collected from customs. 1t is not at all i'm
possible that 8 similar result will follow the
attempt at frontier collection here. How much
better, then, to abandon system heset with so
| many difficulties and attended with so much ex-
pense? .uu


Whilst a large majority of public men admit
that free trade is true interest," remuous ap-
prehenson lest theepeople will oppose it, prevents
its adoption. The legislator who allows such shall
low fears to control his action commits mistake.
The people are anxious to advance. They are in
telligent, and emnently practical They are quick
to perceive and eager to adopt any course of
policy that will benefit them. And they have only


to be shown as can easily be done, that free trads


with all its Incidents, will rapidly promote all inter-
ests in order to procnre their assent q
If, however, we cannot obtain absolute free
trade, we must be hopelessly blind to our destiny
If we do not demand that qualified free trade, most
closely approximatng to it.. And if felt at liber


ty to take the first paragraph of the Sth section of


the lst article of the Constitution in its literal sense
should congratulate the country on the adoption


of such principle. In words, it fairly enough pro-
VlneS tnat no bounty snail De phlu from tne urea
sury, nor shall any duties be so laid as to foster
one branch of industry over another. Yeti can
not forget that ingenious construction not unfre-
qnently shows that plain men not permitted
to understand plain language in plain way.


Taking the words as written no logical or can
did mind it seems to me, can understand the clause
of the Constitution last referred to otherwise than
as putting all pursuits the same level. Yet is
palpahe it was not intended to be so understood.
For it must not be forgotten that the same gentle
men who acted as delegates in the Montgomery
Convention, in framing this Constitution, were at
the same time acting as members of q Congress
under the Provisional Government. In the Consti-
tn'ion framed by them they declare that the Per-
maneut Government is the " successor" of the
Provisional Government; and that all laws enact
ed under the latter shall continue in force under
the former, until repealed 1t is thus apparent
that all laws passed by them are to be under
stood as compatible with the provisions of the
Permanent Constitution. ...


Within the last few days we nave seen COPY of
the tariff bill recently introduced at Montgomery
The papers that publish it State that it has passed
its second reading and will, the r6assembling of
Congress. be finally adopted. An examination of
this bill will show that duties imposed as to
foster one branch of industry another. If all
were intended by it to he placed on terms of exact
equality, how is it that the sugar planter is pro-
tected by 20 per cent. duty? How is it that
free list s adopted? How is it that determinations
beginning at 7lOtsing the free list IA a basis run
up to 25 per cent. This is question. 1t has
been discussed again and again at Washington, by
men who exhausted the subject. 1t is admitted on