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The legislative blundering which tied the President's hands and made the Government impotent to protect American citizens from desperadoes of the type of the 〃cowboys〃 and Jesse James； is characteristic of Congress during this period。 Another example of congressional muddling is found in an act which was passed for the better protection of ocean travel and which the President felt constrained to veto。 In his veto message of July 1； 1882； the President said that he was entirely in accord with the purpose of the bill which related to matters urgently demanding legislative attention。 But the bill was so drawn that in practice it would have caused great confusion in the clearing of vessels and would have led to an impossible situation。 It was not the intention of the bill to do what the President found its language to require； and the defects were due simply to maladroit phrasing； which frequently occurs in congressional enactments； thereby giving support to the theory of John Stuart Mill that a representative assembly is by its very nature unfit to prepare legislative measures。
The clumsy machinery of legislation kept bungling on； irresponsive to the principal needs and interests of the times。 An ineffectual start was made on two subjects presenting simple issues on which there was an energetic pressure of popular sentimentChinese immigration and polygamy among the Mormons。 Anti…Chinese legislation had to contend with a traditional sentiment in favor of maintaining the United States as an asylum for all peoples。 But the demand from the workers of the Pacific slope for protection against Asiatic competition in the home labor market was so fierce and so determined that Congress yielded。 President Arthur vetoed a bill prohibiting Chinese immigration as 〃a breach of our national faith；〃 but he admitted the need of legislation on the subject and finally approved a bill suspending immigration from China for a term of years。 This was a beginning of legislation which eventually arrived at a policy of complete exclusion。 The Mormon question was dealt with by the Act of March 22； 1882； imposing penalties upon the practice of polygamy and placing the conduct of elections in the Territory of Utah under the supervision of a board of five persons appointed by the President。 Though there were many prosecutions under this act； it proved so ineffectual in suppressing polygamy that it was eventually supplemented by giving the Government power to seize and administer the property of the Mormon Church。 This action； resulting from the Act of March 3； 1887； created a momentous precedent。 The escheated property was held by the Government until 1896 and meanwhile； the Mormon Church submitted to the law and made a formal declaration that it had abandoned polygamy。
Another instance in which a lack of agreement between the executive and the legislative branches of the Government manifested itself； arose out of a scheme which President Arthur recommended to Congress for the improvement of the waterways of the Mississippi and its tributaries。 The response of Congress was a bill in which there was an appropriation of about 4；000；000 for the general improvements recommended； but about 14；000；000 were added for other special river and harbor schemes which had obtained congressional favor。 President Arthur's veto message of August 1； 1882； condemned the bill because it contained provisions designed 〃entirely for the benefit of the particular localities in which it is proposed to make the improvements。〃 He thus described a type of legislation of which the nation had and is still having bitter experience： 〃As the citizens of one State find that money； to raise which they in common with the whole country are taxed； is to be expended for local improvements in another State； they demand similar benefits for themselves； and it is not unnatural that they should seek to indemnify themselves for such use of the public funds by securing appropriations for similar improvements in their own neighborhood。 Thus as the bill becomes more objectionable it secures more support。〃 The truth of this last assertion Congress immediately proved by passing the bill over the President's veto。 Senator Hoar； who defended the bill； has admitted that 〃a large number of the members of the House who voted for it lost their seats〃 and that in his opinion the affair 〃cost the Republican party its majority in the House of Representatives。〃
Legislation regarding the tariff was； however； the event of Arthur's administration which had the deepest effect upon the political situation。 Both national parties were reluctant to face the issue； but the pressure of conditions became too strong for them。 Revenue arrangements originally planned for war needs were still amassing funds in the Treasury vaults which were now far beyond the needs of the Government； and were at the same time deranging commerce and industry。 In times of war； the Treasury served as a financial conduit； peace had now made it a catch basin whose excess accumulations embarrassed the Treasury and at the same time； caused the business world to suffer from a scarcity of currency。 In his annual message on December 6； 1881； President Arthur cautiously observed that it seemed to him 〃that the time has arrived when the people may justly demand some relief from the present onerous burden。〃 In his message of December 4； 1882； he was much more emphatic。 Calling attention to the fact that the annual surplus had increased to more than 145；000；000； he observed that 〃either the surplus must lie idle in the Treasury or the Government will be forced to buy at market rates its bonds not then redeemable； and which under such circumstances cannot fail to command an enormous premium； or the swollen revenues will be devoted to extravagant expenditures； which； as experience has taught； is ever the bane of an overflowing treasury。〃
The congressional agents of the protected industries were confronted by an exacting situation。 The country was at peace but it was still burdened by war taxes； although the Government did not need the accumulating revenue and was actually embarrassed by its excess。 The President had already made himself the spokesman of the popular demand for a substantial reduction of taxes。 Such a combination of forces in favor of lightening the popular burden might seem to be constitutionally irresistible； but by adroit maneuvering the congressional supporters of protection managed to have the war rates generally maintained and； in some cases； even increased。 The case is a typical example of the way in which advantage of strategic position in a governmental system can prevail against mere numbers。
By the Act of May 15； 1882； a tariff commission was created to examine the industrial situation and make recommendations as to rates of duty。 The President appointed men who stood high in the commercial world and who were strongly attached to the protective system。 They applied themselves to their task with such energy that by December 4； 1882； they had produced a voluminous report with suggested amendments to customs laws。
But the advocates of high protection in the House were not satisfied； they opposed the recommendations of the report and urged that the best and quickest way to reduce taxation was by abolishing or reducing items on the internal revenue list。 This policy not only commanded support on the Republican side； but also received the aid of a Democratic faction which avowed protectionist principles and claimed party sanction for them。 These political elements in the House were strong enough to prevent action on the customs tariff； but a bill was passed reducing some of the internal revenue taxes。 This action seemed likely to prevent tariff revision at least during that session。 Formidable obstacles； both constitutional and parliamentary； stood in the way of action； but they were surmounted by ingenious management。
The Constitution provides that all revenue bills shall originate in the House of Representatives； but the Senate has the right to propose amendments。 Under cover of this clause the Senate originated a voluminous tariff bill and tacked it to the House bill as an amendment。 When the bill； as thus amended； came back to the House； a two…thirds vote would have been required by the existing rules to take it up for consideration； but this obstacle was overcome by adopting a new rule by which a bare majority of the House could forthwith take up a bill amended by the Senate； for the purpose of non…concurrence but not for concurrence。 The object of this maneuver was to get the bill into a committee of conference where the details could be arranged by private negotiation。 The rule was adopted on February 26； 1883； but the committee of conference was not finally constituted until the 1st of March； within two days of the close of the session。 On the 3rd of March； when this committee reported a measure on which they had agreed； both Houses adopted this report and enacted the measure without further ado。
In some cases； rates were fixed by the committee above the figures voted in either House and even when there was no disagreement； changes were made。 The tariff commission had recommended； for example； a duty of fifty cents a ton