Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1846-08-01


of law and right Not ALL But upon the opinion of the
appraisers II is the opinion of the appraisers WHICH
convict him of crime sgmaze his name, and deprive him
of his property say the opinion Of the appraisers for al
though the act adds the opinion Of the Collector and the Sec
rotary Of the Treasury yet every body knows that the Col
ecio and Secretary will take the opinion Of the appraisers
and will not appraise again, and perhaps would know
1 nothing about if they did.
But even if they did, what them They are not a Jury
trying the court every has right be tried
before he is convicted Of Infamous cme and deprived Of
his property They not tribunal by which American
citizen Is to be tried The omnipotent British Parliament
might do it. but Congress do it. But the British
Parliament has not done it. 1t mputes crime the i'm
porter Of whose goods it constitutes itself the purchaser and
gives him his price, and the usual profit We have gone
further than the British Parliament when have ghtto
go far We have right constitute ourselves the pur
chaser Of citizens property at his price, and the
addition of the current profit We have right to do this,
fair business transaction, the British supposes
to be, much less to convict citizen Of fraud without Judge
jury, take his goods and pay him less than half the
profit We cannot do these things and this bill is the first
in the history Of our legislation in which have aemped
Verify, live in strange times, when such novelties
brought forward will vote for this amendment but hope
it will be the last offered hope will vote at
upon the bill
five able up the elevation of our circum
stances, and like in perecting bill should
be glad to go into it and contribute my abors make good
bill But not able to act and am not willing to
be machine and appear like perecting and maturing
bill which is to be changed altered We find ourselves
in extraordinary ccumstancesn conuncture which does
often In all three divisions Of the Legislative power
there accord the leading character of tariff The Pre-
dent and majority of each House of Congress against
the tariff of 1912 they are for tariff But
nue. tariff is not genus without species may have many
species and Judgment knowledge consideration de-
liberation, all be requisite decide which species of the
| genus should be adopted
repeat if we able up the elevation of the
fortunate circumstances in which the party finds ITSELF
and could like legislators should feel proud bring all
the contribution of my knowledge and industry peectng
the details of BILL But able to act up to that
elevation and have notion of being worked machine
for the bill overturnng the act of 1872 and wish
to give but that vote alone ready to give that vote,
and hope shall be spared from voting further propositions
of amendment
Mr. McDUFFIE said he regretted very much the
sy for delaying the progress of the bill single moment but
it appeared him that the and purposes and effect OF
this clause misapprehended either side of the
House both The Senator from Missouri had taken
view of totally opposite that taken the other side So
far from regarding clause intended to favor the mpor-
ter and facilitate Frauds the Senator from Missouri seemed
to think very oppressive provision, and which
scarcely justified by the constitution Now, he thought this
difference of opinion between the Senator from Missouri and
the Senator from Kentucky, at least showed thing, which
was that the Senator from Kentucky entirely mistaken
when he supposed that the clause intended to apply
cases of differentiation without intention to dcraud the
1t expressly applied fraudulent differentiation,
intended to deaud the He thought if the Senator
would advert the phraseoogy of the section, he would
once perceive that there nothing unconstitutional harsh,
oppressive unusual in it, If il intended to apply to
cases of differentiation where fraud contemplated the
Senator from Missouri certainly not justified in regarding
harsh law when, instead of foreing the goods alto
gethe left it the discretion Of the Secretary Of the
Treasury to take the goods and pay the importer his valua
on and five per upon that valuation, TO the
pense Of Importation. This not all; it was law which
intended give additional remedy against Frauds not
at all harsh when applied where fraud intended
but would be very harsh if applied to where fraud
was not intended It certainly applicable to cases
Of intentional fraud than those Of any other character
But the point made the other side Did this
ninth section repeal clause Of any law whatever that
not repugnant il Why the law Of 1912 contained
clause providing for the forfeiture Of the goods in Of
smuggling Did this clause repeal that II provided for
forfeiture in of false swearing but did relate to
those of smuggling all Certainly not There not
single clause in the of ls42 repealed by this clause
there clause in the act Of 1912 relating to the
subject
And he would ask the Senator from Massachusetts, suppose
the Secretary did think proper avail himself of the pow
given by this clause there any law under which the
offender could be punished And, if no law provided
the matter would be completely in the power Of fraudulent
importers II merely giving TO the Secretary power to
punish frauds which provided for by other law. He
would appeal any tribunal earth, and pledge what little
reputation he possessed that this clause did repeal any
other. He trusted the amendment would not prevail
Mr. JARNAGIN said he must be permitted to say single
word in reference this BILL which had lain in the Treasury
Department elsewhere in state Of incubation for about six
months and the sixth day Of July had made its appearance
the Senate still unfedged He could scarcely tell to what
species what genus belonged II this bill destined
become law by any accidental circumstance he appealed
every Senator present If not his right well his
duty change make il acceptable the country
What they about do To unsete the whole bust
ness pursuits Of the country Under such circumstances he
felt be his imperative duty to change modify the bill
that il would be productive Of the least possible OF
evil And he TO be told that they had time to do
that the Senate had not time to deliberate
fault Of his that they had little time He took part Of
the blame all. And now, for the purpose Of
accomplishing object for the purpose Of carry
ing through Administration measure, they APP
prove, without consideration, bill that not expected
stand If became law by adventurous circumstances
He entered his solemn protest against the Of law
which required be propped and splnteed by subsequent
legislation enable il to stand. He acting in this
NATTER il true under instructions and instructions
which he did intend dsohey hut those instructions did
not compel him TO vote for this bill in imperfect state
He would consider ii the unfortunate circumstances Of
his life If he be compelled by majority Of that body
osupporta which his deliberate
surprised that gentlemen should tender their regna-
ton, and leave that chambeay, and leave forever But
he had only say single word. He intended
marks upon Of any Senator except his He
could for minimum and specific duties; that the
principle involved in his Instructions They engaged
in war; obliged borrow money, and to issue Treasury
notes. and not one friend of the bill had been heard say
that believed il would produce much the
Of 1912 Was not competent then, TO change the bill
make il less Objectionable He prepared to
for all proper amendments that might he offered TO effect this
: object
Mr.. TURNKEY said he did not intend to nfct upon the
Senate speech but his colleague had alluded to the insruc
tons Of their State Legislature and he would remark, that
far the principle embraced in those instructions
ceed he agreed perfectly with his colleague that those pn