Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-07-12


two Houses, the subject of their disugreeing votes
IN relation TO the amendment which terminated IN a
recommendation, by the Committees of Conference TO
their respective Houses, that they should adopt the
proposed modification il had been acccded TO by the
Senator from Kentucky, and which in the follow
ing words: lat it, in virtue of this Section any duty
exceeding the rate of go per cennm I'D vaorem, shall
be levied prior 10 HE Seth Of June le4n the same shall
~ III WISE, Affect The disposition Of The proceeds
Of the public unts provided for by act passed II!
the present Of Congress- This modification
Is proposed by The Committee Of Conference was,
The same day, agreed 10 by both Houses, nemnc contra
ditenc, and forms par. Of The act relating 10 du
tes and draw tacks it finally passed.
have been thus particular in noticing this provision
because have j, recently held up, by strange
n:scnnceriion, as precedent authorizing departure
from The iunta mental proviso in the Distribution act
So far frotn il. ii was the fullest sense, confirmation
.. shat ptasisa ssd understood and intended ic
be. 1t must be horne mind, that, according 10 thai
Proviso, II tie imposition of daty exceeding % pei
cent conrary 10 he prorisions If Tie Compromise oct d
March, le, which is to suspend the distribution OF the
proceeds of the public lands Butt Compromise ac
provides for the reduction al duties TO 20 per cent,
g;fer the 2ih nfJune, 1912 The wing Of duty then
exceeding % pr cent PRIOR to the Both Of june 1872
involves suspension Of dstrbutinn under the Erov
50 IN The Distribution act To declare that it should
not have that effect, but to reaiirr the principle
Of that provsn; cspe cally such declaration
sary implied that tie evying of a duty exceeding ~
per cent after tie 3h OF June, lsi2, would suspend
Distribution. EJprfssiO nRtnS erciusiO ateyus, IL MS
much maxim of common sense, as canon Of judicial
Interpretations; and TIE declaration, therefore, that
duty exceeding 90 per cent prior TO the Both OF June
1912 net suspend Distribution, was under, tie
circumstances equivalent to, and imported the decla
ration that the laying nf such tate Of duty after the
30h Of June, lSi2 should have that effect IL was
therefore, have already said, solemn rGfiEcah6n
by both fiouses, after formal conference and deliberate
~ ,h..
10 The Distribution act, which had already become
Ia law
Retaining vivid recollection Of all the circumstan
ces attending the progress OF this measure through
Congress, during the late session Of Congrcss-well
knowing that could never have become n law with
ont the fundamental stipulation imboded in the pro
viso to the bill, and feeling it to be Of the highest i'm
pnriance that that stipulation should be adhered to, and
fulfilled in good fa;lh, have SEEN with The deepest
regret The manifestations of disposition to hold for
noueht all that was then SO so!emny agreed upon.
saw, with special regret The resolution offered By the
dis, ;iished Senator from Kentucky, (Mr Clay) Il,
carly day Of the session. proposing unqualified
sreal uf tiis prcviso, which had received deliberate
etd explicit n sanction, few short months before
The Senate, however did not adopt Tie resolution II
was ecmmi!ed, and think, 10 The Committee Of F.
nance over hlcb Ike Senator from Name ably pre-.
sides. (Sr. Evans here remarked not referred TO
his ccmm!ec) Mr. RirCs said lie was quite sure il
was bu, lie thought the 81 natur altogether
bic in rot having taken cognzance ot as he presumed
the Senate hardly expected II 10 be acted upon.
4 bill, however, comes up to us from The House
Of Representatives, providing for the continuance OF
the existing rates of duty, until the LIST of August
some Of which, after making every allowance for the
effect of The system of cash payments and home va.
uation contemplated by the Compromise act, wi! I'M.
donbl, div transcend he 90 per cent. ad vaorem Emit
prescribed by that act Under lis operation, them the
case iii after the 0lh Of this month"; in which,
according the provso in the Distribution law, the
distribution Of .hc proceeds Of the public lands among
The STATES would be necessarily suspended Tine bill,
therefore, anticipating, and designing to guard against
this consequence, contains provisn declaring, that
ny tt contained shall suspend the distribution
of the proceeds of the public lands, any tug in the
said bill or in the proriS0 tn the Distribution law TO
the Contrary notwithstanding. The first day of July,
aud the first day Of January in each year, being The
periods fixed FOR paying 10 The States their respective
dividends Of Tie fund, VIXEN its distribution shall not
tie arrested by other provisions Of the law, d;s,rbu
ton wnu,d consequently be made 10 the States, The
FIRST day Of the next month"; under Tie operation of The
bill nov before ns, Notwithstanding The fact Of n
hiphcr rate of duty than 20 per cent being then le-
vifd ritual repeal, il is admitted, would thus be
effected of the pr"viso 10 The Distribution "ct.
In this state az things the Senator from Maine, on be-
half Of the Committee of Finance, proposes IN amend
me MI in lieu OF the above reced proylso in the bill,
declaring that Tie distribution Of the proceeds of the
rullc LANDS aulhoriz, and directed by the Distrbu
postponed until ME Isl day IF .7ugust, and that the
sa Distribution act shall be otherwise affected or
med fled than merely 10 postpone 10 the SAID LIST day
of August next, the distribution directed by that act
10 be made The lst July, ls42, anything in thls
net or the said Distribution act, to the contrary not
w;lhstarding. THIS amendment, ii is asserted, would
not be inconsistent with, departure irom the FRO
viso in the Distribution act lnasmuch !. suspcnds
the distribution Of the proceeds Of The public anGs
among The States, so long as higher rate Of duty
an N per cent shall continue to be imposed IN rsr-
tsr nf IKE bN Jorc as, 10 Wit until the first day
Of Anqust when both the higher duties and The
ne nsion are to expire far the operation of this
bill is concerned But suppose, as IS universally ex-
pected that before the Isl day of August another law
Shall have been passed for he regulation of the Tariff,
imposing permanently, higher rates Of duty than 20
per cent would not the distribution of the proceeds of
The ruhIc lands SILL .akc place. by the operation OF
this amendment, the lei day of August, notwilh-
standing the higher rate Of duty than ~ per cen!um
which would then exist? do not profess, MIR. Pre-
sdeu TO be yersed in the mysteries of learned in
,erpreta,on cf your statutes; but 10 plain apPrehen-
sion. nothing, in my mind, be clearer than that
rndcr The operation ol this amendment, which, IN
terms declares that lis whole purpose ard effect is
atrciy postpone, to gwen day, The distribution Of
the proceeds Of the public lands, the distribution would
,Lrn he made what, yer should be The rate OF duties
existing at the time.
Ifnohing is meant BY this anne ndment, inconsistent
with the provIso 10 The Distribution act and it be really
intended that no distribution is TO take place under il,
While there shall be airy duties exceeding 20 per cent
whence the necessity ofthe amendment, or OF any new
LEGISLATION on the subject? This subject IS already at
tanned, in the mcst complete and satisfactory manner,
by The provso 10 tie Distribution act. htIeeutcs Itself,
and by lis intrinsic and proper force, suspends DIS.
tfLutiun whenever and long duties exceeding 20
per cent shall be imposed. For This complete uneqI-
vocal see xecried suspension, coexstent With tie
cause which produces ii is obviously The design of
nall, ain usbf
even though il should not extend to unconditional!
d,strbution in papahp violation Of tie psoviso OF the
original act, would yet, in other respects, most mate
rally derogate from The fair and bona de operation CT
thai proviso. II viii be denied for Example, that un-
der the operation of thut provso, if duties exceeding
30 per cent should be imposed after The 30i OF this
meath, the proceeds Of the public lands would lapse
into tire general fund Of The Treasury and be al once
applicsbe 10 the national purposes The effect Of tins
amendment on the other hand, in the most favorable
view, would be to hold them in allegiance, at feas', ad-
uniting neither for their Distribution 10 the States nor
,k, Tho Nat n