Boon's Lick times. [volume] (Fayette, Mo.) 1840-1848, 1842-08-27

i"iiNo' 1Nb hAS NOu pl DilltoC at DEONlutS
for the reduction of duties to 20 per cent.
only after the Both Of June, 1912. The
levying Of duty, theu exceeding 20 per
cent, prior to the Both of June, lS42, in.
wolves no suspension Of distribution, under
the proyiso in the Distribution act. To
declare that it should not have that effect,
was but to re-affirm the principle of that
proviso; especially as such declaration
necessarily implied that the levying of a
duty exceeding 30 per cent, after the Both
June, 1912, would suspend distribution.
ErpreSSl0 uRius erctuSiO Giterius, is as much
maxim of common sense, as a canon of
judicial Interpretation; and the declaration,
therefore, that a duty exceeding 30 per
cent, prior to the Both of June, 1912, was
not to suspend distribution, was, under the
circumstances, equivalent to, and imported
the declaration that the laying Of such a
rate of duty, after the Both of June, 1912,
should have that effect. II was, therefore,
as have already said, solemn ratification
by both Houses. after formal conference
and deliberate reconsideration of the stp-
ulation contained in the proviso to the Dis
tribution act, which had already become a
law.
Retaining vivid recollection of all the
circumstances attending the progress Of
this measure through Congress, during the
late session Of Congress--well knowing
that it could never have become law
without the fundamental stipulation i'm.
bodied in the proviso to the bill, and feel.
ing it to be Of the highest Importance that
that stipulation should be adhered to, and
fulfilled in good faith. have seen, with the
deepest regret, the manifestations of dis
position to hold for nought all that was
then so soIemnly agreed upon. saw,
with especial regret, the resolution offered
by the distinguished Senator from Ken
lucky, (Mr. Clay,) at an early day Of the
session, proposing an unqualified repeal of
this proviso, which had received 50 deliber-
ate and explicit sanction, few short months
before. The Senate, however, did not
adopt the resolution. 1t was committed,
and | think, to the Committee of Finance
over which the Senator from Maine 50
ably presid5s. (Mr. Evans here remarked
it was not referred to his committee.)
Mr.. Rives said he was quite sure il was;
but he thought the Senator was altogether
not eHcusabe in not having taken cogni-
zance Of il. as he presumed the Senate
hardly expected il to be acted upon.
4 bill, however, now comes up TO us
from the House of Representatives pro-
yding for the continuance Of the existing
rates Of duty until the lst Of August, some
of which. after making every allowance
for the effect Of the system Of c;.sh paw.
ments and home valuation contemplated
| by the Compromise act, will undoubtedly
transcend the 20 per cent. a! Valorcm limit
prescribed by tina; act. Under its opera.
ton, them the case vii. arise after the 30th
OF this month, IN which, according TO the
provlso IN the Distribution law, the distri-
button OF the proceeds OF the public lands
among the states would Oe necessarily sus-
! pended. HE bill, therefore, anticipating.
and designing 10 guard against TINS conse-
. qnence' contains provlso. declaring tina
notlhag herein contained snail suspend the
dIstuout!on OF me proceeds Of the pubic
lands, any tang IN the SAID bil, or IN the
! ProVlso 10 the Distribution law to the con
trary Notwithstanding. Inc lst day OF
July ana inc Isl Gay OF January IN each
year beng tie PERIODS hX.d tor paying 10
the States their respective dividends OF the
fund when rs distribution shall not be
arrested by other provisions Of the law, a
distribution would consequently be made
! to the States, on the hrst day OF the next
month, under the operation Of the oil now
before US Notwithstanding the fact of
higher rate OF duty than 20 per cent
beng then levied. a virtual repeal, 1t Is
admitted would thus tie effected OF the pro