The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1842-07-02

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following words: "rnal IT, IN virtue Of this section
anu dtliv exceeding the of 70 pet cenium AL va
lorem shall be levied prior TO me 3om 81 Sahe' iof-
the same shall not, in any WISE ah ct the disposition
Of the proceeds Of the pubis lands as provided 'o ny
an act passed al the present session OF congress
| This notification, ms proposed 10y the COMMITTEE OF
Conference was, the same day, agreed TO ny pom
Houses, nenins eoairad eente, and now fJrms par
OF the act relating 10 duties and drawbacks as IL h'a
| y passed.
have been thus particular 10 noticing this provl-
| SION because have seen II recently held up, ny
| strange mlsconcepton, as precedent hu'noinns
departure from the Fundamental provso h me Ds'n
buion act SO far from II, wa IN the iu' sense
confirmation of that proviso and was 50 uhdefsoou
and intended TO be. Ii must be borne in mind thai,
according To that proviso, it is The imposition OF du
" exceeding 20 pei cent, contrary TO me Prortso"
9fM- Compromise act Of March 1855 winch 10 :"
suspend The distribution of the proceeds of the publo
lands But the Compromise act provides tor the re-
duction Of duties to 20 per cent, only otter the SUN
OF June, 1912. The Ievylng of ddty, then, exceed
ing 20 per cent, prior to the 3oth oil June, oi~ IN
wolves suspension of Distribution under tue pioVi
so in the Distribution act. To declare that It should
not have that effect was but to re-ai rm the principle
| Of that provso especially as such declaration ne
cessarlly implied that the levylng Of duty exceeding
20 per cent after the Both OF June, Sl2, would sus
pend distribution. Erpressio unius er lusio dHerius
| is as much maxim of common sense, as canon OF
judicial Interpretation and the decaraiion Tiers
iore that duty exceeding 20 per cent prior to the
Both of June, 1912 not TO suspend distribution
was, under the circumstances, equivalent To- and l-
ported the declaration that The laying OF such rate
of duty, after the 3Olh of June 1912, should have
i hat effect Ii was therefore, have already said
a solemn ratification by both Houses, after for
| NAL conference and deliberate reconsideration
| of the stipulation contained in the proviso TO the
| Distribution act, which had already become law.
| Retaining a vivid recollection Of all the crcum-
stances attending the progress of this measure through
Congress, during the late session of Congress-well
knowing that it could never have become law with
out the fundamental stipulation imbodied in the pro-
the BILL and feeling it to be OF the highest I'M
portance that that stipulation should be adhered to,
and fulfilled in good faith, | have seen, with the
deepest regret the manifestations of disposition to
hold for nought all that then solemnly agreed
upon. saw, with especial regret the resolution Of
fered by the distinguished Senator from Kentucky,
ORR Clay at early day of the session. proposing
an unqualified repeal of this proviso, which had
received so deliberate 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 which the Senator
from Maine SO ably presides (Nlr. Evans here re-
marked it was not referred to his committee) MIR.
Rves said he was quite sure it was but he thought
the Senator altogether excusable in not having
taken cognizance of it, as he presumed the Senate
hardly expected it to be acted upon.
bill, however, now comes up to us from the
House of Representatives providing for the continu
of the existing rates of duty until the lst of Au
for The effect of the system of cash payments and
home valuation contemplated by the Compromise act,
will undoubtedly transcend the 20 per cent ad valo
| rem limit prescribed by that act. Under its opera
ton, them the will arise after the 30th of this
month, in which, according to the proviso in the
Distribution law the distribution Of the proceeds Of
the public lands among the States would be
rily suspended The bill, therefore, anticipating,
and designing to guard against this consequence
tains proviso, declaring that no hing therein con-
TAI hall d,cfr Of
of the public lands any thing in the said bill, in
the Tropiso to the Distribution law to the contrary
Notwithstanding The LIST day of July and the LIST
day of January each year being the periods liked
for paying to the States their respective dividends Of
the fund, when Its distribution shall not be arrested
by other provisions of the law, distribution would
consequently be made to the States the first day
of the next month, under the operation Of the bill
now before u.s. notwithstanding the fact of higher
rate of duty than p per cent. being then levied.
virtual repeal, it is admitted, would thus be effected
| of he proviso to the Distribution act.
| In this state of things the Senator from Maine
| behalf OF the Committee of Finance, proposes
amendnen in lieu of the above reciled pro,so in the
bill, declaring that the distribution Of he proceeds
the public lands authorized and directed by the Dstri-
bu of the last session. shall be suspended and
postponed untiihe LIST day of august, and that the
said Distribution act shall be otherwise affected
modified than merely to postpone to he said lst day
of August next, the distribution directed by that
TO be made on the LIST July, 1912, anything in this
act the said Distribution &C to the contrary not
withstandng. This amendment, it is asserted, would
be inconsistent with, departure from, the pro-
viso the Distribution act inasmuch IT suspe ads
the disI button of the proceeds OF the public lands
among the States, SO long as higher late of duty
than 20 per cent shall Continue to imposed in rr
tue Of The bill noto before TO w.t. until the first day
of August when both the hi .her duties and the sus
pensi 10 expire, so far as the operation OF this
bill is concerned But suppose, as is universally
| pected that before the LIST day of August another
| l.H
Tarf, imposing permanently, higher rates of duty
than 20 per cent would not the dlstr button of the
proceeds of the public lands still take place by the
operation If this amendment on the LIST day OF Au-
gust Notwithstanding the CHER rate of duty than 20
| per cent " hich would then exist l do not profess
Mr. President to be versed in the my s,eres of learn
ed Interpretation Of your statues; but to plain APP
prehenslon, nothing, in my mind, be clearer than
that under the operation of this amendment, which,
terms declares its whole purpose and effect is
merely to postpone, to gwen day, the distribution
the proceeds OF The pubic lands, The distribution would
then be made, whatever should be the rate of duties
existing at the time.
If nothing is meant by this amendment, inconsis-
with the provso the Distribution act and it be
really ded that no dsirbu is to take place
der it, while IT, ere shall esany duties exceeding 20
per cent, whence the necessity of the amendment or
of any new legislation the subject This object
is already attained, the most complete and satisac
tory manner by the proviso to the Dis rbutlon
| IL executes iiSeT and by ITS intrinsic and
proper force, suspends distribution, whenever, and
long as duties exceeding 20 per shall be mpos-
ed. For this complete, uncqulvocal, and sefexecut-
ed SUSPENSION coexistent with the cause which pro-
duces it, obviously the design OF the
to introduce new qualification, which even,
though should extend to unconditional distrbu-
tion apabe violation of the provso of the origin
al ac', would yet, in other respects most materially
derogae from the fair and bona fde operation Of that
proviso. 1t will not be denied, for example, that I'M
der the operation of that prvv,,o, if duties e.uv-Jng
20 per cent should be imposed after the Both of this
into the general fund Of the Treasury and be
applicable to national purposes. The effect of this
amendment on the other hand, in the most favorable