The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1842-04-02
suspension NOT REPEAL"

The Intelligencer quotes portion OF our re-
marks on the subject of the suspension OF the
act distributing the proceeds of the sales OF the
dents Message contemplates a repeal of the act
substantially; and it gives two reasons in sup
port of its views; one derived from the suppos-
ed consequences of the measures recommended,
and another that such has been the construc-
ton Of the Message given by the public press.
The first reason is thus stated, eve under
stood the Message to contemplate repeal OF
that act because it proposes to pledge the pro-
ceeds of the sales of the public lands for the re-
payment of the principal as well as the interest
of loan of eighteen or twenty millions OF dol
lars, to be made for period of twelve or fifteen
years. How could such pledge be made with
out repeal of the Distribution principle? The
mere suspension Of the operation of the act up
on the contingency imboded in that act would
not answer the purpose, unless such thing can
be imagined as contingent pledge"
These remarks proceed, as it seems to us, on
an entire misapprehension of the subject. BY
provision in the Distribution act, it suspends
itself in certain contingency, viz: when the
rate Of duties upon any articles shall exceed 30
per centum. The President assumes that to
raise the amount Of revenue required to defray
the ordinary and current expenses of Govern
ment, and to provide for the national defences,
rates of duty must be imposed upon some arti-
cles, above 90 per cent. The anticipated con-
tingency will, therefore, ipso tacto suspend the
law, and will iberate the proceeds of the sales
of the public lands. The President regards the
law, and all its parts as being realities and So
lemn truths, and not a mockery proclaimed to
the American People for the purposes of decep-
tion He does not believe that an American
Congress declared one thing when another was
intended. Acting upon this belief he proceeds
to consider that done which, in fulfllment of the
law of the extra session, must be done, and
then inquiries what disposition should be made
of the fund thus liberated In fact, he recon-
mends neither suspension nor repeal. The lat
ter he expressly disclaims in the passage where
he speaks of the Distribution act being wise,
just, and bene6cent, in state of circumstances
that admit of the application of the principle on
which it is founded. He does not recommend
suspension because it would be supererogatory
to advise that which the law already provides.
But he assumes that the law will be executed
and fund placed at the disposal Of Congress
for the best interests Of the country.
In regarding the condition Of that country he
finds its Treasury exhausted, its credit impair
ed, and the means essential to its defence I'M
provided. He strikes at once at the root of the
evil and urges that no relief can be expected un-
til the credit of the United States of America is
placed on the high ground, which their honor,
their interest, and their resources, demand it
should occupy To accomplish this object, he
calls the attention of Congress to this liberated
fund at its disposal by the provisions of the Dis
pledged TO the payment of the interest OF the
loan, admitted on all hands to be indispensable,
and to the extinguishment Of the principal.
The honesty, fairness and justice of this
suggestion, do not seem to be denied, nor is
its efficiency in accomplishing the desired OBJ
ject questioned But it is asked, elbow could
such pledge be made without repeal Of the
Distribution principle" The force of this
question depends upon what is understood by
"the Distribution principle" A recurrence to
the language of the act will facilitate our in
quiries. The propiso to the 9th section Of the
Distribution act of September 4, 1871, declares
that if at any time during the existence of the
act, the rate Of duty upon any article shall ex-
coed 20 per cent, the distribution of the pro-
ceeds of the public lands shall be suspended, but
shall be resumed when the duties shall be re-
stored to that rate.
This prouiso qualities and controls the dis
tribution, so as to become part of the prlnci-
pie on which it is founded. Ceasng thereby
its own operations upon the occurrence of the
contemplated contingency, repeal is wholly
unnecessary and the liberated fund may be
otherwise disposed of, by direct application or
by being pledged to any specific purpose.
But the Intelligencer apparently finds Difficult
ty in imagining 'such thing as contingent
PLEDGE" This is not precisely what it means,
because all pledges are in their nature contn-
gent. 1t means that the fund proposed to be
pledged, being contingent upon the fact of any
duties being raised above 90 per cent, it may or
may not exist during the term of twelve or ff
teen years, which it is proposed the loan shall
run, because all the duties may be reduced to or
below 20 per cent. All human events are in
some sense contingent. specific pledge of
tax on watches might fail, because people
may universally abandon the use of time-pieces.
Thus in making pledge, all that can properly
be required is reasonable certainty that the
fund pledged will continue and will be adequate.
Now, in relation to the continuance Of the rate
of duties upon some articles above 20 per cent,
is there any man. at all acquainted with the