This is
but the opinion of a man; but who was that man? He was one of the ablest
and most learned lawyers of his age, or of any age. It is no
disparagement to Mr. Polk, nor indeed to any one who devotes much time to
politics, to be placed far behind Chancellor Kent as a lawyer. His
attitude was most favorable to correct conclusions. He wrote coolly, and
in retirement. He was struggling to rear a durable monument of fame; and
he well knew that truth and thoroughly sound reasoning were the only sure
foundations. Can the party opinion of a party President on a law
question, as this purely is, be at all compared or set in opposition to
that of such a man, in such an attitude, as Chancellor Kent? This
constitutional question will probably never be better settled than it is,
until it shall pass under judicial consideration; but I do think no man
who is clear on the questions of expediency need feel his conscience much
pricked upon this.
Mr. Chairman, the President seems to think that enough may be done, in
the way of improvements, by means of tonnage duties under State
authority, with the consent of the General Government. Now I suppose this
matter of tonnage duties is well enough in its own sphere.
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