Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-08-26
TWENTY-SEyENTH CoNCREss--ad Session.
HOUSE, OF REPRESENTATIVES,.
Friday, .7"gusl ~, Io92.

TWENTY-SEvENTH CoNGREsS--2d Session.
HOUSE OF REPRESENTATIVES,.
Friday, .1ugust 10, lS42.
DEBATE on MIR. BARNARD'S ELL.
MIR. BARNARD said 1T would be recoleced that
this bill was eported from the Judiciary Committee to
supply the defect in the laws which expired
by their own limitation the Both June. This bill
proposed to reach imports which had been introduced
into the country since the LIST of july ocxtend TO the
lime when some permanent revenue law should be en-
acted by Congress 1t retroactive in its operation
II went back beyond The date Of its enactment, and
reached transactions which had been already transacted.
II proposed 10 lay duy or tax, as he supposed 1t TO
have existed on the Both Of June Now, as an act OF
legislation affecting past transactions, he supposed II 10
be competent Congress to pass it into law 1t was
re;roactve bn affected civil and not criminal trans
actions The CHI ct Of III" second section 10 re.
yye the laws by which Congress had regulated the
collection of duties imports In those laws there
were great variety Of penalties; and i. had occurred
10 him after that section drawn, very full and ex
pcit as it was,) that some might make ii retroac-
live MS TO the penalties and punishment TO te inflicted 10y
The laws II sought to That he held to be un
constitutional for The Constitution prohibited the en-
actment OF any zpos faeo law This, however, did not
annly TO civil transactions; though lie agreed that its
spirit had observed c,vil transactions also,
and such laws had no; been allowed TO touch
10 their injury. But he denicd that any would be
injured Nv this act. What the facts: Why, i'm
po,,s had beer. introduced the country the
ls day OF July, by importers tho could not land .he III
on shores under existing laws, without pcrni';
and The &C; OF 1888, known Us the Compromise act
though, in his opinion, and lie opinion Of majority oil
The Judiciary Committee, ana many oher persons, that
law imposing duties bad expired 10y rs own limitation;
that from the 3Ch Of June there was law for the
collection of imports Yet, that act of 1888 did give
lice TO all the world that duties should be imposed on
imports 10 take effect from and after The 30h June, at
a rate not exceeding 20 per cent. 1t The express
direction of The that there should be such enact
.nent OF law; Tie only difficulty being, that the law
could not execute itself, hut required further legsa
iion Now, all this bill required that they should
o back and reach past mpoi;atons and that The goods
should be subjected 10 duty TO; cXceedng 90 per cent
Ii proposed 10 snp2y oxistn- defect IN the laws,
and its having been applied, did not IN his opinion,
excuse the importer OF goods from Tie payment OF du-
ties they had introduced them expecting TO pay duties
and they did pay them 10 the AMOUNT of 20 per cent
though they paid them under protest. and they solo them
with the dates aGdsG 20 enhance the price 10 tie pnr
chaser 1t was but act Of justice 10 the Treasury
that it should be so. And now, US to his amendment
which he had introduced il intended 10 cut off the
possibility of any fne punishment, penalty, being
inflicted ~ pos: aeto law, which in his opinion,
was clearly unconstitutional.
Mr. ADAMS said this bill, by its title, was bill TO
eupply Temporary defect failure in The laws relating
10 The collection Of revenue; and what was that defect
As he understood, on the 3Dh of June all the laws for
the collection of reverue by duties on imports ceased
and detea ned; AID fG that day no duties on imports
could he collected by authority OF law. The Pfcsden
however,
said TO that House that il presented precisely
mar to tia; of shp money found in English history
when The King Of Enland undertook to collect money
from the people for the purpose OF building ships Tor
the establishment Of navy. Under such state OF
things taxes had been levied the people Of the u
s. since the 30;h Of June. Now, the title Of the bull
reported By the Judiciary Committee of this House had
not been conradiced by any member, that he knew Of
and, without any protest, the bill had, so for been be.
fore the House.
He objected to the bill, because he considered it
post acto in lis civil and criminal operation. The Pre-
sident now levying money without law and tins
bill TO 60 before Tie lu!es OF the county, aud the
Supreme Court, in Justification or excuse OF bis con-
duct. He referred 10 the fact that the House had been
charged with isooniaiors co%a'dce in declining 10
impeach the President; ard remarked, that il was al!
ways very safe to dare persons TO 90 that which was
known they would hot do.
The question would have 10 come before the Su.
preme Court. For his own part, he considered that
there authority TO levy dates He referred To
The fact that eight out of twelve judges in England,
had decided in favor Of the King, in similar case,
from necessity Perhaps (ha areued) the Supreme
Court of the u. would decide in favor of the Presi.
dent for like reason-rom necessity-w hen thcre
was no law IL, however, the Supreme Court should
decide against the Government, IT would become The
duty of The Government 10 return the mons- paid IN
by the merchants, aid 10 indemnify item. Then, 1t
would become question whether 1t not high
crime the part vi the President TO levy The duties
collected By his officers. Then, too he imagined, there
would not be such talk abou. the want Vi courage 10
impeach.
lie expressed i, his opinion that Congress should
not pass any tariff law The tarques,on he thong lat,
was now on the bes, footing There could not be found
majority in both Houses IN favor oil better than that
now in operation. Tine revenue got more from The pre-
sent tariff, shan it would from any which they could
pass. Indeed, lie inclined TO suspect that South
rrn gentlemen in tavo. OF cutting it down still
lower. His COLLEAGUE Mr.. Cushinel had published
speech in which the tariff arrayed against dstri-
button, and in favor Of ,akirg off the tax tea and
coffee. II very good speech for lowell but how
would it do for Albemae, Virginia; Beaufort, South
Carolina, lie argued that The you took Of tie
tariff bill from The tax Tea and coffee the it be-
came protective and The less revenue measure.
lie referred to the doctrine held BY The President
the subject of protection The President declared him
self opposed TO protection directly, but was LIBERAL
enough toward incidental protection Now, he argued,
this doctrine was in conflict with resolution passed
by The House on the 18th December, 1888, one of
series Of resolutions the powers of Congress. 1t
read:
ResOired That Congress has power do indirectly what
il cannot do directly"
Yet, The President says, though you cannot protect
directly, YOU may do il indirectly "incdenially.
He continued his remarks in opposition 10 the BILL
ba,inp his chief objection to the ground that II was
an ca post facto criminal law
Mr.. PROFIT next addressed the committee he
said uat the Committee the Judiciary had done
sir duty and he gave them credit, and assured them
n. ri. cd Ia n