Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 4 (of 16)United States. Congress
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Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 4 (of 16)
United States. Congress
Law -- United States; United States -- Politics and government
This body partakes essentially both of the legislative and Executive
powers of the Government. The Executive Department also partakes of
the legislative powers, as far at least as an approbation of, and a
qualified negative of the laws extend, &c. I make these observations,
however, not in derogation of the general principle of the separation
of powers among the several departments, so far as is practicable, but
merely to show that there must necessarily be some limitations in its
practical operation. Perhaps the best general rule for guiding our
discretion upon this subject will be found to consist in this: That
legislation ought to extend as far as definition is practicable--when
definition stops, execution must necessarily begin. But some of
the particular provisions of this bill will furnish more precise
illustrations of my opinions upon this question; it will, therefore, be
waived until I shall come to their consideration.
I will now proceed to examine the more particular objections urged
against the detail of this bill. Its provisions respecting the coasting
trade are said to be objectionable in the following respects:
First objection: The penalty of the bonds required, is said to be
excessive. To enable us to decide correctly upon this point, the object
proposed to be effected, and the penalty required, should be considered
in reference to each other. The object is to prevent, by means of
coasting vessels, domestic articles from being carried abroad. Flour,
for instance, to the West Indies. The price of that article here is
less than five dollars; in the West Indies it is said to be thirty
and upward. The penalty of the bonds required is six times the amount
of the value of the vessel and cargo. Is any gentleman prepared to
say a smaller penalty will effect the object? I presume not. Indeed,
the committee were disposed to put it at the lowest possible point,
consistently with an effectuation of the object; and probably it is
rather too low for that purpose. As to the penalty, according to the
tonnage of vessels, it is believed no alteration in the existing
laws is made in that respect. These penalties will appear the more
reasonable, when it is recollected, that through the indulgence given
of the coasting trade, most of the violations of the embargo laws have
been contrived and effected.
Second objection: The collectors may be influenced by party spirit in
the exercise of their discretion. It is hoped that this will not be the
case, and if it were, it would certainly be much to be regretted. It
may, however, probably happen, and is one of the inconveniences of the
system.
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