Graham's Magazine, Vol. XL, No. 3, March 1852Various
Science
Graham's Magazine, Vol. XL, No. 3, March 1852
Various
Literature -- Periodicals; Literature, Modern -- 19th century -- Periodicals
And then just look at the character of our legislation. Was there ever
any thing to be compared with it, for instability, for uncertainty, for
inadequacy, for superabundance, and for what my Lord Coke would call a
“tending to infiniteness!” I acknowledge, with pride, that our Revised
Statutes, all circumstances taken into consideration, are often quite
remarkable for the common sense of their language, and for
clearness—wherever common sense and clearness were possible under the
established rules of interpretation. But generally speaking, what is it?
“Unstable as water—thou shall not excel!” is written upon the great
body of our statute law, year after year, and generation after
generation.
And what are the consequences? Nations are “perplexed by fear of
change.” Better stick to a bad law, than keep changing a good. The clock
that stands still (to borrow a happy illustration) is sure to be right
twice every twenty-four hours; while that which is always going, may
always be wrong.
Let us apply this. We are now waiting and hoping for a change of the
tariff: and the more general and confident the expectation of a change
among business-men, whatever that change may be—up or down—higher or
lower—the more certainly will it put a stop, or greatly embarrass for a
time, the whole business of the country. And why? If it be generally
believed that the tariff is to be lowered, the dealers everywhere begin
to run off their stocks, to offer longer credits and better terms; and
however unwilling, shrewd cautious men may be about over-purchasing with
such a prospect before them, there will be found others, commercial
gamblers, or trading adventurers, who always profit by such occasions to
go ahead of their fellows; for what they gain is their own, and what
they lose, is their creditors’. And universal overtrading is the
consequence here—and stoppages there—till the mischief corrects itself
or dies out. Business no longer flows in its accustomed channels. It has
fallen into the hands of comparative stock-jobbers and lottery-dealers:
and a general bankruptcy often follows.
But suppose the tariff about to be raised—and the belief to be
universal. The ultimate consequences are the same, so far as the regular
business of the country is concerned. Manufacturers and jobbers hold
back; they refuse to sell on six months—they shorten the period of
credit—and require acceptances in town—as being, on the whole, better
than to demand higher rates in advance of old customers. Purchasers may
be eager—but what can they do. They are obliged to wait—and live on
from hand to mouth—till the question has been settled. And so with
every other great leading law, affecting any great commercial, farming,
or manufacturing interest of the country. The legislation of a land is a
type of itself. How can our other great institutions be safe and lasting
if our legislation be unstable?
Public-domain text, read in full here on John Shaqi.
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