, 1842-08-27

py that Congress, at the time, seemed
entirely to concur in the recommen-
datl"ns of the Executive and, antici-
patlng the correctness of the Secre-
tary's conclusions, and in view of an
actual surplus, passed the distribution
act OF the 4th September last, wisely
limiting its operation by two condi-
tons, having reference, both Of them,
to a possible state of the Treasury,
different from that which had been
anticipated by the Secretary OF the
Treasury, and to the paramount ne
cessIlies of the pubic service. 1t
ordained that, "if at any time during
the existence of that act, there should
be an imposition of duties on imports
inconsistent with the provisions OF
the act Of the Cd March, 1888, and
beyond the rate of duties fixed bv
that act, to wit, 30 per cent. on the
value of such imports or any OF
them, then the distribution should be
suspended and should continue SO
suspended, until that cause should be
removed" BY a previous clause it
had, in a like spirit of wise and eau
tlous patriotism, provided for another
case in which all are " nov agreed,
that the proceeds of the sales of the
public lands should be used for the
defence of the country. 1t was en-
acted that the act should continue
and be in force until otherwise pro
vIied by law. unless the United States
should become involved in war with
any foreign power. in which event,
from the commencement Of hostIll-
ties, the act should be suspended I'M
til the CESSATION of h0luIlities.
Mt long after the opening of the
present session o! Congress, the un-
precedented and extraordinary diff
cuIties that have recently emharrasS
cd the GnenceS of tue country began
To assume a serious aspect. 1t soon
became quite evident that the hopes
under which the act of Alb Septem-
Der WIS pissed. and which alone JUS
tilted il in the eyes either Of Con-ress
who Imposed or of the Executive
who approved the first of the two
conditions inst recited. were not des-
tined to be fulfilled. Under the pres.
sure, therefore. of the emharrassmenis
which had thus unexpectedly arisen,
it appeared TO me hat the course TO
he pursued had hcen clearly marked
out for the Government by that act
itself. The condition contemplated
IN it, as requiring a suspension OF IT'S
operation Ind occurred. Ii became
necessary. in the opinions OF all, t"
raise The rate Of duties upon imports
above 90 per cent, and with a view
both to provide available means To
meet present ex'gencies. and 10 lay
the f~olndation for a successful nego-
iiation of a loan.I felt it incumbent
upon me to urge upon Congress 10
raise the duties accordingly. Imposing
them in a spirit of a wise discrImina,
ton, for the two fold object OF afford.
ing ample revenue for the Govern.
ment, and incidental protection to
the various branches of domestic in.
dus,rv. also pressed. in the most
emphatic but respectful language
could employ, the necessity OF ma
king the land sales available to the
Treasury as the basis Of public credit.
| did not think that ] conld stand ex-
cnsed, much less justified. before the
people of the United States, nor
could | reconcile it to myself to re-
commend the imposition Of addition.
al taxes upon them, without at the
same time urging the employment OF
all the legitimate means of the Gov.
eminent towards satisfying its wants.
These opinions were communicated
in advance Of any deinItive action
of Congress on the subject either Of
the tariff or land sales, under a high
sense of public duty, and IN compll
ance with ar express injunction O
the Cons,itution-so that if a coils
ion. extremely to be deprecated as
such collisions always are, has seem
ingly arisen between the Executive
and Legislative branches 't the Gov
eminent, ii has assuredly not beer
owing to any capricions interference
or to any want of a plain and frank
declaration of opinion on the part o
the former. Congress differed IN IT:
views with those Of the Executive
as it had undoubtedly a right to do
and passed a bill virtually Tor a tune
repeating the prov'so OF the act o
, the 4th Septeml er, 1841. The oIi
, was returned to the House IN wh'cf
it originated, with my objections it
, its becoming a law. WIN a view te
prevent. if possible, an open disagree
Dotnf en- vnnnr