Note 23 — FIRST CONGRESS.—FIRST SESSION. (continued 4)

The legislative and diplomatic history of the United States affords abundant evidence of the wisdom of the objection taken in this debate against the indefinite duration of public acts. To repeal such laws, or to terminate such treaties, is almost impossible. Besides the difficulty of getting the three legislative branches to agree at the same time upon the repeal, or the termination, an interest grows up under the measure which becomes identified with its existence, and works for its perpetuity; and when it has been continued for some years, and the temporary circumstances in which it originated have been forgotten, it becomes invested with the sanctity of age, and finds protection in the spirit which dreads change as innovation. Of this character, two acts of Congress, and two conventions with foreign powers, may be mentioned as samples of many in our history, to wit: 1. The Factory system of supplying the Indians with cheap goods through Government agents, established as a temporary experimental measure for three years, &c., under Washington, and which was soon found to be working badly both for the Indians and for the Government, and yet which could not be got rid of for thirty years! nor until after the whole capital had disappeared.

2. The salt tax, and the fishing bounties and allowances founded upon it, revived as a temporary war-tax during the late war with Great Britain in 1812, and now continued forty years after the war has been finished! successfully resisting all attempts at repeal, while burthening the people with an odious tax, and enabling the fishing interest to take some $300,000 annually (near five millions up to this time) out of the public treasury, most of it unduly. Of treaties may be considered as instances the convention with Great Britain for the joint occupation of the Columbia, where the stipulated right of each party to terminate it at pleasure upon a year's notice, could not be exercised for twenty years! and then, with alarms of war and great disturbance to the country. And also the convention of 1842, with the same power for keeping up each a squadron on the coast of Africa, (for the suppression of the slave trade,) for five years; and until either party should give notice for its abrogation. The five years have been out three times over! yet the notice cannot be given; and a temporary measure becomes permanent through an illusory limitation.