Southern Argus., 1842-07-19


As soon and so long as the rate OF du-
ties shall for any reason whatever be
raised above twenty per cent. Nothing
can be more clear, express and imper-
alive, than this language.
1t is in vain to allege that deficit in
the Treasury was know to exist and
means taken to supply it by loan when
the act was passed. II is true that a
loan was authorized at the same session
during which the Distribution law was
passed, but the most sanguine Of the
Two measures. entertain no doubt but
that the loan would be eagerly taken up
by capitalists, and speedily reimburs-
ed by a county, destined as they hop
ed, soon to enjoy an overaowing pros
perit,. The very terms Of the loan,
making it redeemable in three years
demonstrate this beyond all cavll. Who
at that time foresaw or imagined the
possibility OF the actual state of things
when a nation that has paid offherwhole
debt since the last peace, while all the
other great powers have teCn increasing
theirs, and whose resources, ALREADY so
great, are yet but in the infancy OF
their development, should be compel
led to haggle in the money market Tor
a paItry sum, not equal TO one yeal S
revenue on her economical system! Ii
the distribution law is TO be indefinitely
suspended according not only TO IFS
own terms, but by universal consent,
in case Of war, wherein are the actual
exigencies Of the country or the moral
obligation to provide for them less un-
der present circumstances, than they
could be were we actually involved
in war? II appears TO me TO be the
administration Of public affairs 10 see
that a state Of things so hpmiliating
and so perilous should not last mo-
ment longer thanis absolutely unavOid-
able---much less excusable should we
be in p; ring with any portion of our
unavailable means, until the demands
Of the treasury were fully multiplied.
Butbesides the urgency Of such con-
siderations, the fact is undenlable that
the distribution act could not have be-
come law without guarantee in the
provisO Of the act itself.
This connection thus meant to be
inseparable is severed by the bill pres
ented 10 me. The bill violates the
principles Of the acts Of 1922, and
September, 1S4l. by suspending the
first and rendering, for time, the last
imperative. Duties above twenty per
cent are proposed TO be levied, and
yet the prorisO in the Distribution Act
is disregarded---the proceeds Of the
sales are to be distributed on the first
Of August--so that while the duties
proposed to be enacted exceed twenty
per cent, no suspension ofthe distribu-
lion to the State is permitted TO take
place--To abandon the principles for a
month, opens the way to its total aban-
donment. II such is not meant, why
postpone at all-why not let the dis
trlbutiOn take place on first Of July,
if the law so direct, which however, is
regarded as questionable, but why not
have limited the provision to the effect?
is it for the accommodation Of the
Treasury? | see no reason to believe
that the Treasury will be in better con-
diIion TO meet the payment on the first
of August, than on the first Of July. The
bill assumes that a distribution Of the
proceeds Of the public lands is by ex-
isIing Iaws,to be made OIL the first. day
Of July, 1912, Notwithstanding there
has been an imposition Of duties on
imposts exceeding twenty per centum
TO that day, and direct it 10 be paid
on the first of August next. 1t seems
to me very clear that this construction
is equally erroneous, as il divert from
the Treasury fund sacredly pledged
for the general purposes of govern
ment in the event of a rate Of duty
above twenty per cent. being found ne
sessary for an economical ldmlnistra'
ton of the Government.
The bill under consideration is des
igned as only a temporary measure
and thus as a temporary measure
passed merely for the convenience o
Congress is made to effect the vita
principle of an important act. II tn
proviso OF the act Of September: 1541
can be suspended for the whole periot
Of temporary law, why not for tn
whole period of a permanent law? I
doubt may be we'll entertained in fact
according to strict legal rules, whethe
the condition have been thus expressl
suspended by this bill, and rendere'
inappl;cable to case where it woul
otherwise have clearly applied, vii
not be considered as eveu satisfied an
gone. Without expressing any de
cided opinion on this point, / see en-
ough in it to justify me in adherlng Il
the law as it stands in preference
subjecting a condition so vitality affect
z ing the peace of the country and S
d solemDly enacted at a momentiou
: crisis,s sand so teadlastly adhered to eve
) since, and so repIete if adhered