Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1842-08-24
REMARKs or MA. ADAMS,
REMARKS OF NIX. ADAnS,
o. s on 10 bgaiiss the collection Of dHiiss sine'
3oth Of JWas.
HOUSE OF REPRESENTATIVES..
E.,n.x 10Th August,


SOFA Of Jaas.
HOUSE OF REPRESENTATIVES,.
I-1Bs FsIpAI, I9th August.
MIR ADAMS said he understood the purpose Of
th. b 10 be- according to its title. "a bill TO sup
ply temporary de'eet OF inuIe IN hc '."s rcs'
-. that temporary dofectf IL was. as he under
,,ooj Ina, on the 30Ih June all laws for collecting
dutes Of in post ceased and Determined; that no du-
ties OF mpost could be collected by authority OF
l,w: and that from that day forth there was no
authority in any person living to collect duties Of
impost OF the people Of the United States. lie had
already said TO this House that he considered i as
precisely tho case OF the ship money IN English MS
toty IN which the King Of England nj that time
undertook 10 collect money from the people for u 9
purpose OF building ships, ios the purpose oil cstae
fishing aud increasing a navy. which was IN part
the purpose of this bill, and Of the action 10y which
money had been collected from the people oil the
IJniied States since the 3oth Juno.
Now, by the title Of this bill, which had been re-
rosted from the Judiciary Committee OF TINS iouse,
', thout protest the part OF any member OF that
committee that he knew OF, since its introduction
bv the title OF the bill alone, without regard to It's
coo,cn,s. the fac, WAS admitted and acknowledged,
that from the 30,h June there was no power exist
inc in the United States competent TO levy duties
uf mpost without further action al Congress. That
admission was perfectly eongen,al with the oPn,
ION of every eminent lawyer whose opinion had
been heard or known to Mr. A. on this subject, with
the exception, he thought, OF the Attorney GENERA!
OF the United States; and the secretary OF u,e
Treasury had informed this House, on a call made
Inv il whether no had changed the opinion which
he epter,ained Mt the commencement Of the session,
and which he had urged on this House as reason
for the House to pass some act authorizing the co,
lection Of duties before the expiration oil The mon'h
of Junc-the Secretary OF the treasury, "hen
raIi.J on NV the House after he had begun 10 coll
lort dutie, unlayiuy according TO his own opln-
ION 10 saw whether he had changed that opinion, IN
his report TO this House, without explicitly dec'ar
ing whether his opinion was changed or not, sad
that IL was not his opinion, but the opinion OF
the Attorney General with the direction OF the PIE
sident Of the United States himselt--
The CHAIRMAN here interposed and made a re-
mark TO MIR A. which was not heard by the Re-
porter, but was supposed TO be admonshing Mr.
Adams against taking TOO wide range ofde on
the amendment now pending.
MIR ADAMS continued. What was the purpori OF
this amendment IL vas to screen the person tho
had been the author and instrument in levying
taxes on the People Of the United States without
authority of law from punishment for that net IL
might not have been intended 10 be effected by IL,
but it caused a removal OF all penalties for violation
of the laws os they existed and as they were con-
strued by the Attorney General. IL operated bob
ways; il prevented any penalties from attaching,
or removed any that had at aehed, both 10 the i'm
porter he had incurred forfeiture ami refused
TO pay it, or TO tho officer who had collected the du-
ty contrary TO law. Bat according to The decision
il was an CT post faefO law; and the Chairman OF
the Committee himself (Mr Barnard) had acknow-
lodged that the object of this section was Ex POST
racro, and that the amendment was 10 remove all
possibility of any application of IL 10 penalties be
cause lie knew that otherwise the law would be pro
nounced by the Supreme Court unconstitutional
The penalties Of mer chants fer oreitures and refus
ing TO pay, and Of officers collecting, were all swept
away, so that the law might be pronounced con-
stituiional, although it was an ex post ficto law
Sunren1e Cont had decided That the
clause ofthe Constitution prohibiting ex post iaeto
laws applied only TO penalties: that although IN
terms it was unqualified and without limitation, yet
that it applied only TO cases OF penalty incurred.
MIR A. was not going into the question OF the con-
stituonaliiy of that decision Of the Supreme Court;
but il was judicial construction which the letter OF
the Constitution did not warrant These were the
words Of the Constitution: mo bill Of attainder or
sz pest faefo law shall be passed" The Supreme
Court mad decided that that part OF the Constitution
dead letter, with respect to any thing " hch
did not affec; penalty. Therefore he understood
this section TO be introduced. He took j, that this
amendment was offered FOR the purpose OF disgus-
ing the real object Of this bill Ii the President Of
the U nited State. had levied moneys without law,
as had been declared by this House in the report
which they Ind adopted, and this bill was TO 90 be-
fore the Supreme Court IN Justification or excusAl
OF the President for having violated the Constitution
Me A asked IL IL was not penal law which had
been vio,ated7 But by the amendment this bill pro
fessed Ex rosT FAcTo IN relation 10 lis civil cor
slructon only. This House, in the adoption o.
report by majority, had solemnly declared that
the case presented in that report case in which
impeachment Of the Presiden; OF the United State:
would be the remedy required by the People OF the
United States, il there were not considerations o.
prudence ard expediency 10 waive the remedy
of the Constitution at this time.
What were tho.. reasonS1 Mr. A would assisr
some Of them, some hat different from the ignom
Nous cowardice with which this House had beer
charged for not impcaching the President On thI
adoption OF that report. Ii was very safe to dare
person 10 do that which il was known he would mol
do.
MIR PROFIT called the gentleman 10 order.
The Gil AIRMAN made a remark TO MIR Adams
which, from his turning away from The kep"''>''
was not heard 10y him. ,no;o,;,v or ,bis
MIR ADAMS cohunusHSt Union a dec asaiion OF
Rouse had sem Iotne very act on ths part OF H. 9
tner opin'o& hich intended TO he removed by
I.:Seiaw. had rendered him worthy Of impeachment.
This defect was admitted to exist in law, that no
power OF authority existed by law to levy money
ON the people of the United States; and without
authority the President Of the United States did
levy money on the people.
MIR A. had further reasons for considering this
bill as a bill intended for that purpose This bill
WAS accompanied by report from the same judi
ciary Committee 10 which the reasons assigned by
the Attorney General for maintaining that this an
thority was exercised by law reviewed, and
ground TO dust and powder There was not par.
lice left Of the argument OF the Attorney General
that this a lawful pre- c-ss the Tart Oftho Ex-
ecuiive. that not ground TO dust by the report
Of the judiciary Committee. And it on this
state of facts set forth TO tho House and to the world
that this bill was founded. The report proved the
defect: the bill was intended TO supply il, and II
was an ex post facto law; one could deny it,
As he had before said, II was large patch over an
enormous rent OF the Constitution, which the Presi
dent had comnilted by undertaking to levy money
on the people without law.
That was the purpose Of the bill, and it's purpose
TO transfer from The Executive shoulders on 10
Congress, as If there not already enough in the
action Of Congress for these gentleman TO complain
Of the crminalily which was imputed in the very
We'd money on the People without the authority Of
Law. There brought forward in Justification
of the President the peal Of necessity; OF necessity
vii ca the great poet Of England had SAID in the
of the twelve judges ct EnglanI, in an act sima r
TO this, was "the tyrant's law" Ills frsnd near
him said that "necsessy is the mother Of invention
IL so, IL accounted very well for the invention now
before this House, that the necessity of the case
justified the transaction, although II man.f.slly
contrary 10 every law of the land.
As TO the final decision Of the question Ivy the su
preme judiciary, MIR a. Offered thoi as o reasor
why this House was no, called on, in the report Il
which he he'd alluded, 10 BRING forward articles o
Impeachment, which the report said, in distinct terms
had been merited 10y the present Executive, il wa
but IN order TO make tie matter pc fcclly Gear Il
constitute n crime. more thnn misd emeaner Of III,
President Of tic United Suites. This thing coul,
not be assumed as unquestonnble law until TN
question was decided by the Supreme Court III
decided according To what the report Of the Ju
dietary Committee considered as law, according {,