Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1842-07-23

which passed the Law, founded on the amount Of
impcrations previously and then aecruins, aud on
the prospect OF continuing importation.
u siter the level Of 20 per cent. was attained or
u in the downward progress TO its attachment, the
duties provided and contemplated by that act were
iounl insufficient, is there any thing found in the
law TO prevent such modification thereof as the ne
cessities OF the treasury might demaHdf On the
eoutiry, the mind te which contains restricts the
amount only by the wants of can economical ADM
nntra'i,n OF the government" leaving the ascertain
men, OF that point TO the discretion and Judgment
OF future legislatures. under their responsibility To
the people. IL the 90 per cent any intermediate
point OF revenue provided by this act. prove made
qaate 1t is not only the right, bu, the duty OF Con
gress to provide for the collection Of lager and
sufficient sum.
But the Prssiden, hnself in the very message
now under consideration. furnishes conclusive an
swer 10 his own objection. lie says. spe king Of
the compromise act:
uprcvics that utes shalt he laid, frr the Purposes
s As NAV be necessary to an essnom
ue powerof Conrrcssi TO lay duties high Va dserc
innene upon the objects "fihe act Of lso do
hod'ubt that the cxiscncies ofthc government 10 require
=, ttie Doubt ths, C,ngress may above well below
tnNrrc, 80 discriminate to siveiuei-nta protection
somreledto 'nposc On tho people for the purposes OF
government, productive OF double benefit"
Here the President admits the authority Of Con
g'ess TO raise the duties above the 20 cent. with
en Infringing upon the objects Of tha net of 1888"
lie docs not doubt that the exigences of the go-
Netnment do require increase OF the tariff Ut du
tie, above 20 per cent" He admits the great prn.
cipie, proclaimed by tho act Of 1888 to be precisely
what state it to be. Well, Congress passes a law
raising the duties above 20 per cent what is ex
aeiy The s,me thing, they provide against tho tariff
Of duties descending to the 90 per cent for month
longer than II would otherwise take TO reach that
point, the "exigeneies Of the government requiring
TINS 10 he done, and the Prcsident says to Congress
Il eanno, approve this bill, because IL abroeaes the
act OF 81 March, 1888. commonly called tho compro-
mise aet!' What, Mr. Speaker, would ask, is
tnere IN this first objection Of the President that
should cause any member Of lhis House to pause :or
a SINGLE moment, in hesitaney, TO the vote lac
should give
Coupled with this objection, ere is a remark in
tue message, which indicates either great want OF
candor on the p,rt of the President or that he has
wholly mseonceved the object OF the bill. lie
says, THE only ground on which this departure
from the solemn adjustment OF a great and nci-
tunS question tthe abrositon OF the compro.
mise act, which have lust examined,) seems 10
have been regarded as ex pedent, is the alleged ne
eess"y OF establishing, by legislative enactmcnts,
rules and regulations for assessing The duties TO be
eVed on imports, after the 30th Of June according
to the homo valuation" Whence does the Presi.
cent derive this strange conception Not, surely,
from the debates in the House and the Senate on
the passage of the bill. These proceeded mainly,
almost exclusively, on the grounl that the neceSsi-
TIES oil the treasury were such, that we could not
ihSuE Nno iOss OF revenue, which would cnsue upon
the taking effect of the act Of 1888 without moih
cehon-that on the 30,h day OF June, the last half
OF the residue OF excess above 20 per cent, would
be Withdrawn, making vast difference in the
amount OF duty collec,ablc on imports before and
alter that day-thaj importers were watrs 10 take
advantage OF this withdrawal Of duty having or
deted their impcrtations with reference 10 that
period, and that ships were then lowering of our
coasts refusing TO come in and enter tEer goods in
the custom houses, until after the 30.h June.
hR ha aeI ..,.f,
the language OF the bill Itself, The only legitimate
source OF It's construction. This pTescrbes, that
the "amount ard rate Of duties" existing on the LIST
day OF June, 1912, and the mode of collecting the
same" shall be continued until the Ist day of Au-
gust, 1912
How then can the Pstsidcn, declare, that the only
motive for passing this bill, the alleged necess.
ty oil rules and regulations for assessiong the du-
ties to be levied, according to the home valuation"
The assertion is not warranted 10y any thing con-
tanned in The bill, any history connected with it.
But tho President having first assumed that such
was the only" ground for the passage Of this bill
and evidently regarding it a sort of trick attempts
ed 10 be played off upon him by Congress; as an
effort on their part 10 inveig,s him into approval
OF some new and monstrous tariff law, under the
suise Of a "tweive line bill" to regulate the mode
OF collection, deems il suitable asion in truth
TO play OF his talents a. and dry Joking at
us. lie says:
81 am certainly FAR from being disposed deny thai al.
uOnil legislation ON The subject Is very dcsahle on the
the necessity well DILIGENTLY
uniformity In the appraisemcn bc In conformity
with the ntcntousof that brous 10 the attention
81 NV message al the opening present
.essr'n. put however sensible may be Of the emhar
easements 10 which the Executive in the absence nf all
az from inc supcri " wisdom Of the LEGISLATURE will be
LIABLE In the enforcement OF the existing laws have not
with the sinceTest wish acguiezcc IN IT'S expressed will
casion Is so great TO Justify signing tie lin in
question with my present views OF its character and ef
eeis The existing laws, advised are sufficient TO
authorize and enable the collecting officers under the d.
eon 81 t9e secretary Of the Treasury TO levy the duty
The qualification which the President seems 10
derive, from the important discovery which he has
made, that the existing laws sufficient TO enable
The collecting officers 10 levy the duties without
further legislation, will probably more Than com
pensate for any regrets that he may feel, or any
embarrissments which he may encounter in the
absence Of dH aid from the superior wisdom CT the
legislature" This really looks more like the
chucklng of school boy, or ths self sat id
attitude OF come disputant, on gaining an imagin.
ed vantage ground over his adversary, than the
dIsnlhed tone, the calm unmpassioned reasoning Of
an American state paper. In this point of view IL
might afford amusement, If indeed We could derive
amusement from any thing which tends to weaken
the respse; that all should cherish for the chief.
magstsey OF our county, in whoscsoeyer hands it
may be placed.
but there s another aspect which this portion of
the Presidents message assumes, Of graver eharac.
ter, and higher moment. There is cOuched in this
a claim OF executive legislation, which cannot be
Connected without n surrender OF the rights and
po"tts u tnis tlouse, 10 That eItent--a claim Of
most misehievous and dangerous tendency. This.
as every Other attempt TO enlarge the sphefe of
Executive power, should be met at the threshold
know not by whom the President has been
"advised' as 10 the authority conferred by existing
laws on the collecting officer who ACCORDING 10 his
construction, are Ito levy the duties imposed bv
the act Of 1888" aided by the directions of The
Secretary Of the Treasury" lie is surrounded bv
men OF high legal reputation. How many Of them
and who concur IN this opinion we nre not inform.
ed. Certain II s, that Others OF as high reputation
and enjoying the confidence OF the whole country
FOR their patriotism and talent utterly deny the
correctness of that opinion. Accustomed as I nm
somswh1t, TO the examination Of statutory law, |
certainly have no preionsons to place myse { in
comparison with the Presidents advisers on a
question Of legsl construction. But I shall no.
therefore shrnH from giving a pain statement OF
this question, ns It presents itself my own mind
Thus, hen, the matter stands. From the foun-
dat on oil the Governm NJ up TO the passage of the
act OF the 70 March, 1888. all our laws in relation
70 the lcvyiDg and collecting OF duties on foreign
inporntons, 50 isr as they provided for ad vilo n
duties at all, required that tuch duty should be
assessed on the value Of the goods in the foreign
port. There - no single example in any law OF
Congress to the contrary, and the introduction Of
the pan IN the net Of 1888 Of a valuation nt the
port entry, or the home viluation as il is called
vss entirely new feature in our revenue lavs-
IL was Introduced into that act az part Of the
compromise, which the act Itself embodied. In
consideration that the manufacturing interest would
1gfee 70 take duties aid with m eye 10 "nn econo
mical administration Of tho Government" 80 far as
amount was concerned, tho South agreed, by wny
of augmtnting the protection which such revenue
standard would afford. that in assessing the duty.
The value Of the goods IN our own ports. which OF