Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1842-07-26

fcOsCIupED


Han il mi, matter of pledged faith and cove
n,tp At the lsst session Of Congress bill passe
hi. House distr bu,ng the net proceeds OF the pub
lie lands among the several Sla'es OF tue uoion' u
the ratio Of their Teprese NATION IN congress unot
the 9Th census. In the Senate, an amendment
m. Bill in the shap. Of a provsc, was Adopted, De
Glazing that whenever rate OF duty higher than
ner cent. al valorem should be imposed on icreig
imoortAtions distribution should cease during N
continuance Of such duty. Upon the return OF tn
bill 10 this House, the amendment was eoncurre'
in. reluctantly by the Wig rottion of IL at leasi
and only from the belief that II was necessary 4
secure the passage of the bill IN the Senate. N
one then, more than now, supposed that The outy
20 per cent would raise money suhic'ent tcr inc OK
ncnditures Of the Government. NO one, however
~ agreeing TO the amendment oil the Senate thus, n
il WERE forced upon adoption, supposed that ~
was binding himself IN an agreement ho' 70 Voc
thereafter Tor removal of the resttlcuon SO inpoS
ed IL was but an example ol ordinary legislation
One branch of the legislature. finding il impracii
cable TO secure the passage OF a bill IN ne shape
most preferable to itself, agrees 10 take Tue neas
in the modified form proposed by the other 1''nsu'
relying on the future for change oil views an" oPn
ions and the consequent restoration VI ''e '""''
mcnt TO the form desired. IN
Attn subsequent session Of Congress, oul re
moving the effects of the previous amenu'nen. re-
csiyes tn. assent Of both branches, ana the law Is
10 that extent altered. Is this breach oil "puohe
faith 90 Its no more 50 than the change or repeal
ofanv other general law. The People through their
Representatives, adopted the original law. ne
People, through the same agency, propose 70 AFTER
this law. IL breach of faith IS involved IN the pro-
position, II is faith aud agreement among themselves
aud of which no other party has night 10 COM
plain.
1t this doctrine is to prevail, then arc We constants
ly committing Violations Of the public fai,h: Al the
last session, Congress passed general oanktup'
Law. IL might be with much more plausiollty
maintained. that by this measure the public falih
was pledged to the debtor classes, that the tenei
provided for them in that bill should be aJminls-
tered to them. Yet, at the present SESSION, who
hesitAted TO vote repeal OF that law, because O.
any supposed obligation of public faith. The tao
is the principle sought to be introduced here, has
no application whatever TO cases OF this KIND.
But the Presidents objection to this bill on th'
ground that il continues Distribution, notwthsIand
ing the imposition or continuance o' higher ra'e
duty than 90 per cent, is in truth without any ioun
dntion whatever, us shall endeavor TO show. IL u
very evident 10 my mind, tina; he has entirely mis-
conceived the object and legal effect OF the prortS'
10 the bill. His Of remark IN the message Il
applicable to the prSrso as 1t originally passed th'
House of Representatives, but not at all TO this par
of the bill as amended by the Senate, and as 1t n
nally passed.
He saws, duties above 30 per cent. are proposed
TO be levied and yet the proviso IN the Distribution
Act is disresarded. The proceeds OF the sales are
TO be distributed on the LIST OF Augus so that while
the duties proposed 10 be enacted exceed ~ pei
cent no suspension OF distribution 10 the States II
permitted 10 tnke place" Again: The bill as
sumes that distribution of the proceeds OF the pub
Tic lands is by existing laws TO be made on the Is
day of July, 1912, Notwithstanding there has beer
an imposition of duties on imports exceeding 20 PEI
cent. up that day, and directs It TO be made or
the LIST day Of August"
BY the act OF September, lsil, distribution is &c
cease when duties ore imposed over 20 per cent.
shall wave the question, whether in fact this bill
which simply stops the descending scale OF duties q
a particular point, imposes any new duues az oil
Taking 1t that u does, and that, therefore, ds'bu
ton is to cease, Ly virtue OF the oct OF lsil, whi
such higher duty exists, maintain that in this par
tcular the provso 10 the bill now objected TO does no
affect distribution, except az 10 time. The proyIs
Is in these words:
Provided that distribution n the proceeds Of Ia
public lands. authorized and directed by the act Of Goa
sress, passed or the 9TH day Of September ~ enite
shall be- and the same hereby suspended and post
The Am OF sept 1871 shall be No otherwise al
ieeted modified, than merely TO postpone to the SAT- Is
directed by that act TO be made the lst Of July ls
Thing in This the said act Of The 4h Of sep;en
Der, 1871, TO be contrary notwithstanding
Now, si', does this proviso efTee; what the Presi.
dent supposes il doesl he declares that II requires
distribution 10 be made on the LIST day Of August
next whether, in the meantime higher rate Of du-
" Than 20 per cent. has been imposed or not snt
that therefore, it is repeal Of the provso TO the &C
OF 1871. Sir, IL does no such thing. The whole
operation of this clause rs 10 postpone any distrbu
ton which take place Ut any can teke place
under the Act of September, lsil) on the LIST o.
July, 1872 TO the 1st OF August, 1912 II the pre-
vOus part of the bill imposes rate OF duty which
under the law Of 1871, won d defeat the July dis
uibution, il will equally defeat the August dIsrl
button herein contemplated. The Proriso does not
change the condition on which the continuance OF
distribution depends. Ii leaves the effect Of 90
per cent duty precisely where 1t would be without
this proviso, and simply provides that any ds'ribu
ton which could take place in July shall be suspend
cd until August. |: proclams on its face that the
Act Of September, 1871, "shall be 10 otherwise OIL
further affected modified" and yet the President
gives to il the fleet OF removing entirely the 20 pei
cent limitation in the OF ls4l and of requiring
distribution to be made without regard tot
That It did not remove this limitation was my
only objection 10 the Senate's amendment. The
proviso, as it passed this House, did remove il.
When IL came back TO us thus altered, II was with
the greatest reluctance brought myself TO vote fo
a.. I was unwilling to leave distribution for a mo
nent, if il could be avoided, 10 the suspendng pro-
Of the act Of 1871. thought we ought IN thu
very bill to cut il loose from the 90 per cent
dion.
AS have already remarked. / think j, obvious
that the President has attended 10 the distinction
between the bill as IL passed this House, and the
form IL finally assumed. On its passage through
this body, il probably attracted his attention. lie
may have examined 1t under the influence Of iha
unfortunate nud unfounded opinion, which seems iC
have taken possession Of him, that we are engaged
here in course of hostile legislation towards him
him. With such impressions, his course may pos
silly he accounted for, upon the learned theory o
his principal advocate IN this House, the gentle nar
ffon Massachusetts,, (Mr Cushing) nnd which W d
explained by him, as applicable TO the Wing party
~ circular TO his constituents, at the close OF tn
lac. session in the following chas;e simple and Gu
phonious phraseology "rhelr (hs) mind, domi
nbfed by this sophsm, and having adopted as thei
(hjs) rule Of ncton, the theory Of denegntion Q
reason. and sef stut hcnti0n which u implies, II
strange that they (he) assumed the same rule O
applicable" 10 this bill
But, sir, the action OF the President, in whstsve
tource originating, has Lad the effect TO nccomplis
that which he seems to have been most anxious {
avoid. He urges that distribution shall he suspend
Cd. IL is called for, by all the weishty consider
ations set out IN his message, and TO which tav
already ndvorted. We'll, we sent him a bill which
according TO his own belief. did raise duties heyon
~ per cent, and therefore would necessarily. und,
The law OF 1871, suspend distribution. Yet d
puts his veto on that bill-ihEs lc1vng the 20 n,
cent. duty alone IN operation. and OF course leavin
digr button undstufbed. Y,s, sr on the very da,
the Ist day oil July, 1912, distribution takes efsct
under the act Of 1871. The right Of the States
now a complete ind vested risht, In full fore
Their agents wall be upon you, for their respects
qUotas. They will knock al the door Of the treu
sufy and demand the money which you have Pre-
missed and bound yourselves TO pay. They com,
bond IN hand. Here IS your law, your covenan
and seal How, nov, is that "most sacred OF a
duties, public faith" 10 he redeemed and dischnre
cd.
So Tor rs he distribution Of the proceeds Of n
public lands TO the States IS concerned I ni0o
haiti Is 50. 90 for tina, great MEASURE. because
believe u is the disposition OF the public dOmal
most m accordance with the spirit and provision