The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-07-29

and he appraised value thereof shall exceed oy ten per
cenm or more the value declared the entry then,
In ADDITION TO the duties imposed by law the same,
there shall be levied collected and paid duty OF twsn-
~ per centum al vslorem on such appraised value
Provi Ted nevertheless that under circumstances
shall tho duty assessed upon amount less than the
invoice value law OF Congress to the contrary not
SIC O. And be it further enacted, That it, upon the
examination of any parcel package quantity OF goods
OF which entry has been made the appraisers OF the
United States shall be Of the opinion that the same are
nndeIvalned by the owner, importer eonsgnee, or or
the United States it shall be lawful for the collee-
tor within whose district the same may be entered.
the sanction of the Secretary of the Treasury hrst
being obtained il. in his opinion, the same shall be
advisable, 10 take such goods for the use OF the Uni
goods to be sold public auction within twenty
days from the time Of taking the same in the manner
and the proceeds of sue. sale shall be placed
forthwith into the treasury of the United States and
such collector hereby authorize sd TO pay out OF the &C.
cruing revenue TO ths owner importer coh.isnes or
agent OF the goods taken the value thereof as dec ed
In the entry aud i've csnium upon such amount IN
addition thereto and the said collector shall Rder
the Secretary ofths Treasury with his fccouns OF the
paid the amount of duties chargeabls ON tho goods so
taken and the amount OF proceeds paid into the ueasu
eighteen hundred and orty'sght, unless otherwise d
rected by Congress
Mr. Liwrs said this specific motion or he should
not occupy the Senate in any remarks This ninth
ton framed from tho British law only that while
allowed an advance of per cent, the British law allow
oil 10 per cent Mr. Lewis defined the operation sithe
MT. wrsi gHA.-wn In sss1stor read the English
act
Mr.. Lewis will look for It, sir
Mr. CRiTTENDEs was certain that the language of the
sectioR must have been the result of mistake either
with the clerks the printer II have been de-
signed that goods undervalued without design OF fraud
should De disposed OF according to the ninth section
and not goods fassl valued with design TO deiraud
the treasury
he never could consent 10 give FIVE per cent for frauds
upon the treasury. a. long As he had vote here
Mr. Mcourr,e proceeded to explain that this was
In nd aaf thA
OF 1872 add was Intended additional saieguard-an
extraordinary safeguard
OF the ninth section must have been the result of mis-
take They could not possibly he tho result of de-
sign With" must have been intended for " without"
so that for goods undeIvalued without design to fraud
the owner shall receive five cent in addition thereto
responsibility of this bill upon the other side He did
not wish TO see wing mark, to the dong
Ing OF letter upon this Let its frie nds have
the W hole and exclusive responsibility
Mr. LEWIS SAID they willing to take tho whole
ton, proposed by Mr. Webster be stricken out refer
ring to an act of Parliament under w liam w. the
basis of this provision.
Mr. PENSYBAcKER undertook to show that a subse-
quent act did not necessarily repeal the provisions of
previous act relating to the same offences
MIR. WEBSTER inquired if a subsequent act upon the
same subject intended to take the place of former act
did not repeal it He had five six decisions by him.
support OF that doctrine
MIR. PENSrBAcKgn proceeded IN his definition of the
law.
Mr. WEBSTER asked him to read the proviso of the
18th section of the act of AZ.
Mr. PENNYBacKsR proceeded to argue that the proviso
did not repeal the enact.ng clause.
MIR WEBSTER The Senator has not done what he
said he would do He said he would read the proviso
Mr. PESsrsAoxER read it in part and resumed his in
Mr. wspsrER.-Readth the clause. lLaughtsr]
Mr. PENrYBAcxER read it through, and conended that
1t still existed in cooperation with the present bill if
passed into law THE provso in question sacrificed
all the goods Of fraudulent valuation
entirely inconsistent with the British law which was
not designed to give premium of five per cent upon
false valuations, fraudulently made.
Mr.. Lrwn-poes the Senator believe that the secre.
tary OF the Treasury will allow of such premium up
fraudulent valuaton7
Mr.. JOHNSON understood to say that from what
has been done, there was no knowing what might be
done.
With some other remarks between Messrs. johnson
and Lewis
MIR. JOHNSON continued his expose of the injustice of
the operation Of the 9Th and 9th sections of the bill in
favor of fraudulent importaons. In the course his
remarks he cited case of the accidental
aud the consequences to the honest importer under
9Th section, and the advantages to fraudulent importer
under the 9th section.
Mr.. McDurriE Nothin. like it. Nothing like IT,
Mr.. JoHSsor-Well, should like to know why. We
can get answers from the other side now and am glad
they have at last came to it. Mr. j. continued his expo
evil results of the 9Th and 9th sections.
Mr.. McDuFFIE-lt says nothing about that.
Mr. BENTON said that he had intended vote for this
bill without amendment with the single view of
ing the OF AZ and because there no time for do
liberation he was disposed to take the bill
But here was q proposition to amend. And he would 20
for it; and he proceeded to give his Mr. Benton
In respect of the 9th section did not apply to
our system of government He spoke of the liability Of
prasers This section did meet the case II was in
consistent with the British law which applied to frauds
But even It it were not Mr. b said he would go against
down to the present day. Of any act Of any
topsy man for frauds upon it, and give him premium
oil hve cent in the bargain The principle
applied under total msconcepon OF the Eng lish
it was copied without understanding what il meant But
suppose tire British act had been copied truly this
government TO enter into the business Of dry goods
msrchant-to try its hand in the dry goods line Some
years ago, when you were about driving the
government into the salt business and the lead business
making salt boiler, and lead miner it, sir told YOU
how it would be-that you would lose by it. sir Tine
government cheated cheated from that day to this
IL will be the If the United States dry
goods business You will have to draw upon the trea
sury to keep up, sir What does your ninth section
propose That for goods taken at forfeiture the
chant shall be adudged guilty of high crimean infa-
nous crime and upon the authority of one men
you are to convict him of fraud, without trial
without hearing sir The lowness of the valuation is
chant is TO be branded with the infamy of an
infamous crime. ! shall go for this motion, sir.
perhaps have to go for them too ready take the
bill without any further trimming. We have the
shall require time and Judgment and delberation They
are out OF the question now The great object to de-
present below outside the bar and also the
cabinet while the galleries full Of strangers and
Of the so OF said hat aPUn ,ae au.X
that am not machine, sir am not machine act
D farcical part in any thing.
MIR. McDurTIE regretted the necessity Of a reply
The two sides opposed to this ninth section had each
given ii different construction and both must
be wrong. lie then endeavored to make the provision
appear reasonable and sautary one Us an additional
safeguard to honest valuations
Mr. JAaSAoIS-This bill has been seven months before
Congress On the 9th day OF July came before this
body fedgling still What Of thing is it II is
of sucn questionable character that doubt whether
third OF this Senate in their honest judgment in
its favor No, sir, not onehird. He considered il the
imperous duty of the Senate to mitigate the evil
tendencies of the measure But it said there
was no time for deliberation. Whose fault
was that II was not his lie entered his solemn
protest against bill that would have be popped up
~ future iegsiauona thing of patchwork like this
he was acting here under instructions but they did not
require him to go for bill like this while there was hopo
Of getting better. He did wish however that a man
this floor should throw his Commission in the face
of such measure, and leave this chamber sir and leavs
forever He would therefore for all M on ~,
nd II and imnrnxe the hill Lie w