The Congressional Globe, Volume 13, Part 2: Twenty-Eighth Congress, First Session Page: 53

Dec. 1843.
APPENDIX TO THE CONGRESSIONAL GLOBE.
28th Cong 1st Sess.
Improvement of the Western waters—Mr. Kennedy.
H. of Reps
amount here, whenever the public interests may be
thought to justify it. But hare not bills, relating to
this revenue from postages, been originated in the
Senate oyer and over again, when regulating the col-
lection, repealing, or lessening of postages? The very
act of 1836 was one of the first character. The bill
of the last session, which passed this body, was an-
other. Those originating m the Senate to extend the
franking privileges to Vice Presidents, &c., we all re-
member. And have we not seen tens and twenties,
if not hundreds of memorials, sent here this very
session, to reduce all the postages? and is not the
proper committee now laboriously acting on them?
and did we. not consider a bill for that purpose the last
session, without doubt as to its constitutionality from
any quarter? But, on the stringent principles laid
down by the chairman, we could not originate a bill
even reducing the rates of postage from twelve and a
half and six and a quarter ccnts to ten and five, in or-
der to accord with the denominations of federal
money.
Take another analogy. The sales of public lands
in this country, no less than in France and England,
are sources of revenue; there, the sales and revenue
of the crown lands; and here, of our lead mines and
public domain. In their financial budgets, the pro-
ceeds are treated as "revenue," and called "revenue."
So are they here, even in the last annual report of
the Treasury Department, in no less than two places.
Bills in relation to them are, then, bills in relation to
one branch of our revenue. Bills altering their
prices, or bills giving them away, sensibly affect the
amount of revenue. But was it ever objected that
bills could not originate in the Senate regulating the
sales of them, or making donations of them, or
graduating the prices lower? Have not hundreds of
such bills originated in the Senate? The volumes of
the laws are so full of them, it is wholly unnecessary
to point out particular cases. Is this body prepared,
after half a century of settled construction in favor
of our power to originate bills affecting this branch
of revenue, to surrender it' to strip the States we
represent of their rights to have us continue thus to
legislate? and in this way abandon our action even
on the very Oregon bill, now so interesting to the
Union, and one section of which provides for the
disposal of a pait of the public lands? But that bill,
like this, imposes no new tax on the people, and
hence may well originate here.
Mr. W. cited, also, the case of a bill raising reve-
nue by authorizing the issue of treasury notes,
which originated in the Senate, and passed there m
September, 1837—(Journal, page 37.) It was true,
as stated by the chairman, that the other House pre-
ferred acting on a bill of their own at that time; but
it was equally true that the Senate believed it pos-
sessed the power to institute a measure of this kind,
which related to revenue, if, like that bill, it did
not, in itself, increase any of the burdens of the
people.
The whole spirit of all this legislation in analo-
gous cases was, that the Senate might originate bills
regulating the collection of various kinds of reve-
nue, or repealing some provisions, or reducing the
amount of income, or in any way affecting them, if
not thereby adding to the taxation or burdens im-
posed on the people at large. That was the test—
the touchstone. By that course, the Senate had not,
perhaps, clung to the letter of the constitution—the
mere bark, instead of the heart of the tree;-—but
they had enforced its spirit, and thus greatly pro-
moted public convenience, in the transaction of the
public business.
But there is much more than all this in support of
the constitutionality ^f originating here the bill in-
troduced by the Senator from South Carolina.
There had been a settled practice directly in favor
of it, acquiesced in by both Houses, from the found-
ation of the government. The chairman had con-
fessed he had not been fortunate in finding prece-
dents against it. Why was this? Beeause the vol-
umes of the acts of Congress were full of opposite
precedents, m similar bills, which originated in this
body.
A leading instance was the very compromise act
of 1833, which agitated the whole Union, and which
this bill proposed to revive. That regulated
the collection of the revenue from imports, and also
reduced its amount. The measure originated in
this body. It was discussed and matured here. It
passed through all the different stages here, though
objected to on the very ground now interposed, as
well as on other grounds. The matter did not hap-
pen sub sUentio; but some of the ablest minds in the
Senate and the country vindicated that bill against
" this objection, and the bill was sustained througn
different stages, till another came from the House
which, for convenience, was passed instead of it.
As that bill imposed no additional burdens, it was
properly considered as not within the prohibition.
Nor was that the only case of a like character. He
held in his hand references to thirteen other laws in
only the two last volumes; all which originated here,
and still related to the revenue connected with cus-
toms. The other five or six volumes probably con-
tained similar cases in a similar proportion. It was
hardly necessary to refer particularly to each; but he
would specify two or three under each head.
The famous force bill of March, 1833, originated
here, and yet contained new and important provi-
sions, affecting the mode of collecting the revenue
from imports. See v. 8 Laws, p. 742: Another case,
v. 9 Laws, p. 143. It was a bill to aid in raising revenue,
but did not augment the duties or tax. The lead-
ing act as to reciprocal treaties passed in May,
1830, (and which he had some reason to remember
as having participated in reporting it,) was another
instance of a bill originating here, which repealed, in
certain cases, the duties on tonnage, and was thus
emphatically a bill affecting the revenue, but did
not increase the tax. See 8 vol. Laws, p. 383.
Another ease, p. 116.
On the other branch of thepower—which was, bills
to reduce the rate of duty on imports, and thus di-
rectly affect the amount of revenue, but not in-
crease it—there were several instances in point.
One was, the act of July 4th, 1836, (9 Laws, 567,)
which expressly reduces the duties on wines one-
half.
Another was, the act of March 2d, 1833, which
suspended some of the provisons in the act of
July, 1832, which prevented a lower duty than
twenty-five per cent., to be assessed in certain cases,
(8 Laws, 816.)
Another and another followed to a like effect for
some years, and tended directly in their operation
to admit certain articles at s reduced rate of duty,
like the very bill now under consideration, (see 9
Laws, 104, 241.)
See other cases—(9 Laws, 308)—as to duties
in New York after the great fire there in 1835.
See also Senate Journal, February 5, 1827,
when a bill to reduce the duty on salt one-half passed
the Senate, by yeas and nays, 24 to 21.
He would not now trouble the Senate with travel
ling through more analogies, or more precedents.
Enough had been suggested, he hoped, to satisfy
the Senate that, in originating here bills like this,
imposing no additional tax, there had been no viola-
tion of the spirit of the constitution, or the object of
the provision in the country whence we derived it;
that all kindred topics of legislation were full of
cases where we had exercised such a power, not
only without complaint, when imposing no addi-
tional tax, but with the long acquiescence of the
other House; that, beyond all this, the instances
were numerous of precedents in point, when bills
like the present, imposing no additional tax, not
only had originated in the Senate, but been sus-
tained here, even when objected to. They had been
sustained in the other House, also, under every
form, either of regulating the collection of duties, or
repealing them, or lessening their amount; and, in-
deed, under every shape, except that of increasing
the public burdens.
Acting cautiously under circumstances like these,
there had been no collision between the two Houses,
nor any jealousy of our course; but our co-operation
in that way, cordial and efficient, had taken place
within the original design of the prohibition, had
generally been satisfactory to the other House, if
not wanted, and had been acquiesced in too long,
and in too many instances, now to permit its cor-
rectness to be questioned.
It was not a matter of privilege or right to us in-
dividually, but to the sovereign States we repre-
sented. It was also a question of convenience in
expediting the discussion, consideration, and final
disposition of the public business of Congress, in
which all the people, as well as the States, had a
deep interest.
Note.—In the progress of the debate, an objec-
tion was made by Mr. Huntington, that, if the
Senate passed this bill, the House of Representa-
tives could amend it by raising the duties; and then
the President might veto the bill, because it was one
for increasing the duties, and originated in the
Senate.
Mr. JWoorauflX replied that such an objection
could be made to the passage of any bill whatever
originating here, as the other House might amend
any bill, and add to it a clause raising revenue
higher. And it was no matter what might be the
title or object of the bill amended when leaving this
body, as omnibus bills characterized the close of al-
most every session, overloaded "uyth all kinds of
amendments not germain to the original matter.
9. Another objection was made, that this bill
must, in the Senate, be open to amendment. But if
an amendment was offered here, raising the duties
higher, it would net be received, and therefore the
bill was improperly here.
But this objection could be made to any other bill
pending here. Such an amendment^ proposed to
any other bill here, could not be received; and yet
the other bills would be legally here, nof would it
be any objection to sustain this or any other bill
originating here, that an unconstitutional amendment
could not be offered to it—whether it was an
amendment to increase duties, or to insert a provi-
sion in the bill of a character ex post facto, or one
impairing the obligation of contracts, abridging the
liberty of the press, or affecting the rights of con-
REMARKS OF MR. KENNEDY,
op indiana,
In the Home of Representatives, December 19, 1843.—-
On the motion of Mr. Wise, to refer so much of
the President's message as refers to the improve-
ment of the western rivers and lakes to the Com-
mittee on Commerce.
Mr. KENNEDY rose and said—
Mr. Chairman: I am extremely gratified to leant
(as I have done in the course of this debate) that
the President, as well as the members of this House,
have at last discovered that there is such a place as
the "West." And let me tell the gentleman fi-om
New York, [Mr. Barnard,] that it ill becomes him,
or any other member on this floor, to sneer at the
mention of "the western waters." In times past
the West has been kicked from post to pillar; her
demands for justice—simple justice—have been
scouted and treated as of but little worth. But,
thanks to our increased strength on this floor, these
times are passed, and we are no longer compiled
beseechingly to come to the footstool of power in
other sections, and, cap in hand, to ask as a. boon
that which is our due. The time has at length ar-
rived when we are prepared to take (with no more
ceremony than courtesy demands) our proportion of
the common heritage. I do not wish to use harsh
or unbecoming language to those who, as I believe,
have heretofore treated us with neglect; yet, in my
humble judgment, it becomes the dignity of the
people of the West, whom I have the honor in part
to represent, to state, like men, what is our due, and
what we therefore mean to have.
Gentlemen from the North mid the South say
they have heretofore been the friends of the West-7
that they have stood by us in our infancy, and
shielded us from harm. They shielded the interests
of the western agriculturists! To my mind, it hatf
been much such shelter as the lamb might expect
under the wing of the vulture. True, we have oc-
casionally received a little of the government pap, in
small parcels and at long intervals; but it is not milk
for babes, but meat for strong men, that we now
demand. The voice which is now heard from the
great grain-growing regions of the West is beginning'
to startle—nay, has already startled—some- of the
fostered and monopolizing pursuits of this tariff-
ridden Union; and I venture to predict, that before
that voice is silenced, all sections of the confederacy
will receive its equal protection; that the dams and
dikes that have been placed in the channels of com-
merce, by which our grain-markets have been
blocked up, will be torn out, leaving the markets of
the world to be supplied by the abundant harvests
of the mighty West.
The importance of this comparatively new region
may well challenge the consideration of members on
this floor. New influences, demanded by new pur-
suits, must and will prevail; and there is no use hi
disguising the position that the West must and will
assume. It is not only an increase of power that
the West brings to the legislation of this country; but
that new power, if our constituents are not betrayed,
will give birth to a comparatively new field of indus-
try, that will demand to have its share m shaping
legislative measures for this vast republic. We of
the West stand to the old States in the attitude they
once stood to the mother country I warn tht$i