1 88 KANSAS UNIVERSITY QUARTERLY. 



The bitter antagonism between parties and states, resulting from the 

 clash of sellish interests, seemed to threaten the disruption of the 

 Union and the overthrow of the national government. It was evident 

 that some compromise was necessary by which peace might be 

 restored and prosperity insured, and it was with this purpose ia view 

 that the bill to modify the tariff was brought forward. Compromise 

 was the central idea of the framer of the bill, and of a majority of the 

 Senate, so that it is not a matter of surprise that in the long discussion 

 which followed very little was said as to the constitutional right of 

 the Senate to originate revenue bills. Such discussion as did take 

 place was confined largely to the motion for leave to introduce the 

 bill, yet that discussion is of importance inasmuch as it shows the 

 fear which certain senators had of trenching upon the constitutional 

 privilege of the House of Representatives. 



In his opening speech, Mr. Clay, referring to the right of the Senate 

 to originate such a bill, said: " I owe, sir, an apology to the Senate for 

 this course of action, because, although strictly parliamentary, it is 

 nevertheless out of the usual course of this botiy."* The moment 

 he ceased speaking, the jjoint of attack which he had thus suggested 

 was assailed by Mr. Forsythe, who, while he admitted that the main 

 l)urpose of the bill was in every way worthy of approval, said that be- 

 sides having minor faults, " the bill was a violation of the constitution, 

 because the Senate had no jiower to raise revenue and that he op- 

 posed the introduction of the bill as a revenue measure, and upon 

 it demanded the yeas and nays."t This objection precipitated a 

 protracted debate in which many senators took part, although no 

 speech was confined exclusively to the constitutional (piestion. In 

 reply to Mr. Forsythe's objections, Mr. Poindexter said, "As to the 

 constitutional point, the only violation of the rule prohibiting the 

 Senate from originating a bill raising revenue would take place at 

 the consummation, not at the incei)tion of the measure. "| This was 

 certainly a curious interpretation, and, whether correct or not, was an 

 injudicious one, inasmucli as it would be foolish for the Senate to dis- 

 cuss at length any bill which it had no right to pass. Mr. Clay made 

 a new point, however, in replying to Mr. Forsythe. He called the 

 attention of the Senate to the fact that "the bill was not a bill to 

 raise duties, but to reduce them, and therefore did not come within 

 the reach of an equitable objection. If it had been a bill to raise 

 the rate of duties the objection to it would have been a valid one. 

 * * * yj^g constitution savs that all bills to raise revenue shall 



*Cong. Deb., Vol. IX. pt. I. p. iOi. 

 tiDid., p. 473. 



trbid.. p. i'l. 



