Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1842-07-16


presto miHS erclHSio aiicrias, is IA much maxim
of common sense, us a Of juiieial Interpreters
ton; and the declaration, therefore, that du'y ex
cseding 20 per cent, prior To the 5oth OF june otE'
was not to suspend distribution, was, under 'he Si-
cumstances. equivalent to, and imported the deea'
ration that the laying of such rate OF ooty, a',
the SOth Of June, 1879. should have that elect u
was, therefore, as have already said, soieI" 'uu
6cAtion 10y both Houses, ailor iotn,a' oo'nt,en0e
and deliberate 70 consideration OF Tue supuauon
contained in the proviso TO the Distrbuuon ae',
which had already become law.
Retaining vivid recollection OF all the eitcum-
stances attending the progress Of this measure
through Congress, during the late session oil Con-
srsss-weu knowing that it could never have be-
come law without the Fundamental stipulation I'M
bodied in the proviso to the bill, and teelns II TO %
OF tho highest importance that that stipulation
should be adhered to, and fulfilled IN sood iath,
have seen, with the deepes, regret, the Manifesto
tons OF disposition hold fos nousht all that was
then so socmnly agreed upon. | saw, with espe.
cal regret the resolution offered by the
Senator from Kentucky, (Mr Clay), at an carly
day Of the session, proposing an unqualihed repeal
OF this provso, which had received so deliberate
and explicit sanction, few short months before.
The Senate, however, did not adopt the resolution.
IL was committed, and think, TO the COMMITTEE
OF Finance over which the Senator from Maine so
ably presides. (Nls Evans here Tc.naIked twas
not referred to his comm;ee) Mr. Rives said he
was quite sure il was; bat he thought the Senator
was altogether excusable in not having taken cog
nizanee OF it, as he presumed the Senate hardly
expected it to be acted upon.
A bill, however, now comes up to US from the
House Of Representatives providing for the contnu.
OF the existing rates OF duty until the LIST oil
August, some of which, after making every allow
for the effect of the system oil cash payments
and home valuation contemplated by the Compro-
misc nct, will undoubtedly transcend the % per CT.
ad valorem limit prescribed by that act. Under It's
operation then, the case will arise alter the 5o'h OF
this month, IN which, according to the proviso IN the
Distribution law, the distribution oil the proceeds oil
the public lands among the States would be neees'
rily suspended. The bill, therefore, anticipating,
and designing 10 guard against this consequence,
contains n proviso, declaring that nothing herein
contained shall suspend the distribution Of the pro-
ceeds OF the public lands, any thin. IN the said OIL,
or in the provso the Distribution law to the con-
trary notwithstanding. The LIST day of July and
tho LIST day Of January in Zach year being the Pc
RODS fixed for paying TO the States their respective
dividends Of the fund.- when its distribution shall
be arrested by other provisions OF the law, dis
trbuton would consequently be made 70 the States,
on the first day OF the next month, under the opC-
ration of the ball now before US, notwithstanding
the fact OF a higher rate Of duty than 2O per cent.
being then levied. virtual repeal, it is admitted,
would thus be effected Of the proyiso 10 the DstI-
button act.
| In this state OF things, the Senator from Maine,
on behalf ofthe Committee of Finance, proposes an
amendment, IN lieu OF the above recited proviso IN
the bill, declaring that the distribution Of the pro-
ceeds OF the public lands authorized and directed by
| the Distribution Act Of the last session, shall be
suspended and postponed until the LIST day OF Au-
gust and that the said Distribution Ac, shall lie no
otherwise affected modified than merely TO post
Pone TO the said LIST day of August next, the dis,r
button directed by that net to be made on the lsi
July, 1912, any thing in this act, the said Distri
button Act, 10 the contrary Notwithstanding. Thus
amendment, II is asserted, would no,be inconsistent
with, departure from, the pfovso in the D!s,ri-
button Act, inasmuch as /, suspends the distribution
OF the proceeds Of the pubic lands among the States
20 long as a higher rate of duty than 20 per cent
shall continue TO be imposed in virtue OF the ba
before US, TO wit, until this frat day OF August
when both the higher duties and the suspension arc
to EXPIRE so far as the operation OF this bill IS con
eerned. Bat suppose, rs is universally expected
that before the lst day OF August, another law shll
have been passed for the regulation of the Tarff
imposing permanently higher rates OF duty than .,
per cent, would the distribution ofth proceed!
Of the public lands still take place. by the operation
OF this amendment, on the LIST day OF August, not
! withsiandIng the higher rate OF duty than 20 pei
cent. which would then eIist7 | DO not profess
Mr. President, 10 be yeTsed in the mysteries Of {
learned inter probation Of your statutes but 10 paiI
apprehension, nothing, IN my mind, can be ceare
than that under the operation of this amendment
which. in terms declares that its whole purpose
and effect is merely 10 postpone 10 given day, in'
Distribution OF the proceeds Of the public lands. IN:
distribution would then be made, whatever should
be the rate Of duties existing a. the time.
IL nothing j. meant uy thls nnlcn4fncu, luConsis
tent with the proyso 10 the Distribution ac', nnd
be really intended that no distribution IS 10 TAX
place under il, while there shall be any duties eI
ceeding 20 lper cent, whence the necessity Of tn
amendment, or OF any new legislation on the sub
iec,l This objec, is already attained in the mo.
eanne,e aud satisfactory manner, ny the provisO |,
per cent. shall be imposed. FOR TINS eompIef unie
quivocel, and self executed Suspension, co-eXlsen
with the cause which produces il, it is oLyiousl,
the design Of the amendment TO introduce some new
Inn al Eeaf for barN. A.
tend 10 unconditional distribution, in palpable vic
aIlon OF the proyIso Of tho original act would We,
IN other respects, most materially derogate from M
fair and bona hde operation of that proviso. II vii
no. be Denied for example, that under the operation
Of that prUviso, If duties exceeding 20 ner cent
should be imposed after the 3O.h OF his month Tn
proceeds Of the public lahds would lapse into tn
general fund Of the Treasury, nnd be al once nppii
| cable 10 national purposes. The effect Of ihi
amendment, on the other hand, in the most Ivorn
Ils view, would lie 10 hold them in allegiance. a
ltaSi, admitting neither their distribution 10 tn
States, nor their appropriation 10 the uses Of lb
Nation. Ia substituting for the general perrna
neni, and ali-suticieni regulation Of he sub
leet contained IN that proviso, special lemporaf,
ana limited pfOyisO, u necessarily throws omen n
new controversies q question which was iniendef
70 be finally closed by the solemn compact ifntoIe.
IN the Distribution law. For one, | cannot corsen
10 any OF THESE innovations the plain letter an,
spirit Of That compact. Obsia prHeipis, is here the
Of the country, as well as Of those who were the
immediate parties to IT, claim the falflment Of The
compact, az Il stands upon your statute book. and
hs was deliberately and solemnly agreed TO-
H. as Is not disguised, the purpose be entertained
! OF Obtaining some enactment 10 authorize the dis.
rlbulion OF tie proceeds Of the public lands not.
"ihsiandlng the imposition Of higher rates of duty
/ than 20 per cent. and 10 violation Of the solemn
compact Of the law Of the last session. now il tie
TINE 70 meet the question. /, ought 10 BE- met
/ openly aud directly, and Tor one | an preparsd Il,
DO 50. Il. Is evident tina, no moment can he so ar.-
proPIaie as the present TO settle the question. II,
STANDS necessarily IN front Of any practical adjust
ment OF The Tariff. No one knows this better tbon
my honorable friend, the Chairman Of the Com.
n'iite on Manufactures, (Mr Smmons1 In adj
Iusiing the rates Of duty 20 supply the renui.ite
amount Of revenue for the Government, il Is a prs
| urinary CONFEDERATION, which cannot 10 avoided
70 deler nne hrst whether the proceeds OF the pub
/ nc lands arc under existing cifcumsianccs 10 70
turn into the NiiiOnal Treasury and from, ,,,t of
lha1 revenue, according to the pfoyiso in the Dis
lnOuion act, or whether, 10 despite Of that proyiso
lhey nre sui 10 be distributed 10 the gtates In
one case larger amount would 10 necessary 10 bo
rased by duties in tho o,bcr a smaller / would
ask my honorable friend ~ the heid u the Com
niileo on Manufacture, " in tho confidence or
lher strength 10 carry out distribution nj MI bsz
atd1- viii not ny strength which feels power
/ ind iOrgcts fighW-but IN tic confidence Of tbei,
numerical force, 10 should GO on, and laboriou,lv
construct Tariff, On the assumption that the rro
cceu9 "i the public lands are, IN any and evctv
event, 10 be distributed 10 the States and II sh,ui
NJ last, be determined that the faith Of the r,nvis
- TO be maintained, and that tho proceoJq nf A.,
public lands should, under existing oircufostsnr.s
come into the National Treasury, would NOT nj ne
eo,,'y enu pSiniul labor have bocn supefnuous add
L m a. Al