Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1842-07-25
spnncm or MR. SUMMERS.
In this state Of things comes the act Of 1888 IN,
IL .ccIinn nl which nroxilca as lnlowh:

lcOsrNuLD
In this state Of things comes the act OF 1888, the
81 section Of which provides as follows:
Aud om and saer the day last Aforesaid che 31th of
Iuns 3l the dulles required be paid by bw goods,
wares aud MERCHANDISE. shall be assessed upon the value
thereof the pat cutry where the sime shalt be enter
e. uacT such regulations iasy lie prescribed by law
Now IL seems to mo that no plain man, Who
would give his owa mind fair play, could have any
difficulty in arriving at tho meaning Of this Ian
guaee Indepe ndent Of any aid in its construction
beyond its words, would he say that il refer.
rcd to laws already in eSistenee-"which may he
(now) prescribed" OF "which may be (hereancr)
prescribed" Would he not say, that the act evil
IDENTIFY contemplated future legislation; tina, the re
guauons under which this assessment TO he
made. were left to be prescribed by law. But when
such one were informed, in addition TO this view
ol the act itself, that this provision new one
m revenue code, that ai former laws the sub
ieet looked alone to regulating assessments on the
foreign value OF the goods and that, OF course there
were in existence on the 2d March, 1888, resula-
tons for home valuations; and when he farther
learned, us he would, from an examination OF tho
journals and debates Of the Congress Of 1883 that
the supplying of such regulations by future lesls
lature was spoken OF and contemplated at that tnic
could any remaining doubt rest on his mind rs TO
the true intent and meaning OF these words-"such
regulations as may bepresctibed by lawF" IL would
seem that no exposition oil this section OF the
act oflsSS could make its meaning more clear and
explicit than it is in its unaidcd phrase osy.
have heard it minated, however, that the 9th
section Of the oct OF the lIth July, 1882 is relied
rs law already ~ escrbng "rucs and regulations :"
and that TO the authority Of this section the act Of
1888 had reference. very brief examination will
show that there IS not shadow Of reason for any
such supposition.
The act of 1882 is entitled an "aci to alter and
amend the several acts imposing duties on imports"
IL is an act presenting tariff OF duties, and
revision Of former acts on the same subjects most OF
the duties specific, some few arc nd vaorem du
ties. Like oil previous acts, wherever ad valorcm
Il. r. a. .l..0..
rec,ed bc the foreign value. The 9Th section,
among other things, enac,s, that
n all cases where there is, er shall be imposed al
s ns s s ~ ,he ,S S &
collector, win whose district the same shall he imported
purchased aud PLAcE from which the same shall have
imported into the United states, TO be appraised csti
tmated, aud aseertained."
The sih section OF this act gives authority to the
appraisers 10 examine, oath, "the owner, import
er consgneo, or other person." with n view Of as
ccrtalning the true value, at the time and place
where purchased" The 9Th section, which is sup
posed TO he relied on by the Presidents advisers
and TO which reference mas been made, is as follow /:
THAT shall be the duty Of the Secretary Of the Trca
sury under the direction of the President Of the United
iaons. consistent with the laws OF the United states
President of the United States shah think proper 10
recure Just faithful and impartial apprasal Of all goods
aud rchanse, AS AFORESAID i.p0Tfsd lhs
Unhed States and just aud proper cnlrcs Of such
quantities as tie require and Of such value
every bc TIE duty of te
81 hS treasury lo IcIit ai suth rules AMI regulations
with The reasons thereof 10 the then next session OF
gtcss"
Now, il this section Of previous law directly
and expressly relating TO duties directed to be levi,
ed on the foreign value of goods, "as aforesaid i'm
ported into the United States, cnn authorize" the
establishing Of rules and regulations which may be
prescribed 10y law, contemplated IN the law Of 1873
which looks wholly TO a home valuation, then con
Tess the Presidents advisers have adoped rules OF
construction entirely unknown to me. The law OF
1882 related 10 one mode Of valuation, the law OF
1898 10 another Of altogether different character
To carry the latter into effect new legislation is ne.
cessary, and is required by the nature OF the new
mode intended TO be put into operation, and by
the very terms Of the act ITSELF In the general re
venue bill reported from the Committee Of WAYS
and Means, "lhcsc rules and regulations" are "pre-
scribed" As that could not he acted upon and
finally passed into law by the 30,h Of June we
propose TO continue the old mode of assessing du-
ties, together with the former rate OF duty until tie
LIST day OF August. The President refuses TO sign
the I'LL and tells us that the only reason which in
dueed us 10 pass II, was 10 enable his Secretary
and the subordinate officers TO collect the customs;
that Tor such purpose we have put ourselves to
great deal oil unnecessary trouble, for che is adys
ell that the existing laws sufficient to enable the
collecting officers, under The direction of the Secre
tafy of the Treasury, 10 levy the duties imposed by
the act Of 1888"
Now, one thing is very clear, tina, the Secre.
tary OF the Treasury himself is not Of the Presi.
OF his advisers In his report upon the state Of the
finances, at the opening Of the present session. he
holds the following language: ''Ihe legal effect of
the oct of 1888 would TO be, 10 abolish
the practice, after June 30th, of assessing du.
ties upon invoices or foreign valuation and there
fore, Congress shall not at this session prescribe
regulations for assessing duties upon n valuation
tn be made at the port OF entry, or pass some law
modifying the act Of 1888, it may well be questioned
whether any al vaorem duties can be collected nf-
ter the the 30Gh day of June. The language seems
explicit" lie here quotes from the nc. of 1888 as
have already given il, and adds and il is further
declared, that so much o! any other act is neon-
slstent with that act shall lie and is repealed"
II the view which ] have given of these acts be
correct, and in which the head Of the Treasury De-
partment fully eoncurs, in what condition has the
action OF the President placed the revenues Of the
Government Yesterday was the 30lh day of June
The law OF 1888, requiring that after that day all
duties shall be laid on The value of the soods
ut the port Of entry, and that rules and regu-
inons for esceriaining this value shall abe pre- |
sdubod Ivy law" is this day in force. The |
Jaw Of 1882 IS repealed, and no "rucs add tc- |
gulaiions" for collecting in the mode arc "pre-
scfibed 10y law" the President having raiused to
with in providing Tor that difficulty even
for month. Are any duties legally colcctable
OF this moment, If indeed there be at this time any
existing dutics2 Is there any law, this day in OK
stence, which authorizes their coecton2 Let gen.
t.cmen point them out. II is not venturing much to
p'odI9, fruitful harvest Of litigation, and the loss
oflargc sums To the Treasury, from this unwarruni-
able course Of the chief magistrate.
So far have confined my examination TO the
Presidents first objection 20 the bill that at sus
pends or in other words abrogates the Ct Of 1888
commonly called the compromise acts" and 10 the
propositions which he discusses in connection with
that objection. His econd and remaining objccliyn
10 the bill, Is directed 10 the prOrisO when he I'M
dcrSands as designed to continue the distribution Of
the proceeds of the public lands.
ft'rha ouanenui. m oC Tho l., 81,
proceeds Of the public lands" he regards as indis
pensaOle.'
Lot us look little into The reasons urged for the
suspension, or in other words, the abrogation of
law which the PrcsidoH, himself warmly recon-.
Inended TO va at the last session, and which he sign
ed aud approved.
In the first place. no says, "lhs measure
Ouspension Of dislribulion) is in my judgment
called for 10y large number, If not u msjo
ry, Of the people OF the United States"
Whst the eyidnnce may he of tho popular opinion
and wish on this subject which the President hos
~ his possession, he does not inform us. Genefal
Hanson and himself were each open and avoyeJ
d.slfibutonists in the canvass Of 1910. The land
question was every where, so lar rs have nf0rmn-
ton prominent topic OF discussion So far then "a
nPtsideninl election IS indicative Of popular aent-
0eni, on my particular measure the result 81 that
canvass may 10 considered ns evidence Uf nppfoy,i
IN lle pert OF the people, Of distribution. The prc.
sent COngfesc elected ~ part subsequent 10 himself
and coming direct from the people, presented ma
iorly for the bill and has stood by II on every oc.
rasiOn since, when las Jeen attacked. Solar them
"s members Of COngfess are opponents II the popu-
int will, tie people are Tor the law We have heard
0i no great gatherings Of the people a. announce
her dissat-lactIOn with IL. Where arc the memo