State journal & flag., 1846-08-21


 of the specific system could not impose a presumption so unreasonable, on my credul- ity.
 But, MT. President, should the importer be weak and wicked enough to attempt to undervalue his goods by a false invoice, he could not by possibility succeed, for the reason that duties are assessed, not upon his inuoice, but on the actual ualudtion of the ap- pralsers, who are sworn to affix ihe true ual. ue of the goods in the foreign market, with out regard to their actual cost And how do they arrive at this foreign value? Not by any one invoice, but by many, and least of all do they arrive at il by the invoice of the immediate party ia interest. Their con- stant business is to know and adjudge the values of goods in foreign markets, 10 ex. anime invoices, 10 compare them with pri ces current, and to obtain information as 10 the foreign market by every possible means which constant assoclation with other we'll. informed commercial men can afford. Their valuations are made entirely independent of the cost of the article in the foreign market, even where that cost is known. The ques. ton is not what is the cost of the article, but what IS its value in the foreign market. It becomes. therefore, necessary that the ap- praisers should establish regular and uni form standard of such values, from which uniform standard they are not al liberty to depart. even though they may ascertain beyond doubt that the actual cost in the for. eign market of the goods valued is below that standard. Ofwhat avail is il, then, for the importer to under.siate the cost of the goods in his invoice, when that cost consti- tues not even an element in determining the amount of duty he has to pay? Are we 10 suppose hln guilty of the madness {, f risking character, liberty, and money, where he cannot even by possibility lessen the amount of the duties, and where it is the in. teIset of every human being connected with the custom house 10 detectsand expose the under.valuationl There are some propasi- tions so grossly absurd, that they assume lhe semblunce of possibility only when they are gravely denied.
 But, Mr. President, will now show, that so far from the importer having an interest in M. M.derUaNuing his inv0lce, he has moro frequently positive and direct interest in orerpalu,ng t. And why :? Because, if he has been so fortunate in the foreign market as to have purchased goods ta rate lower than the usual prlce in that market, the pre- sentatIon of true invoice of that purchase subjects him to the penalties of the law. He IS feqnred by the law not 10 return the uai1e of his goods. but a sworn invoice ol their cost; and this very reqnremA mt of the law subjects hun Q the pen, of forfeiture, If he has purchased them few per ceni. low th ir market valu'. It is in vain that the appraisers are convinced of lhe truth and genunenss of his invoice, and uhat the goods actually cost him no more than is slated in hat invoice. IL is less than the established valuation of such articles in the foreign market. The law is nexora. ble; and hy this summary judgment of lhe cu,lom-house, without the ionnality of tri. al, or the intervention of jury, the mpor. ter incurs the penalty of forfeiture. In a case like this, il is easy to s'e that all the promplngs of interest would induce an over- statement rather than an understatement of the foreign cost.
 hold m my hand a statement, from a re. liable source, illustrative of wha, have said and which l will read for the satisfaction of the Senate:
 "In l64 l, Mr. John A. Newbold of New York, contracted with an ironmoDger of Bir. mingham for certain kinds of goods, to be delivered in equal quantities for five conse. cutive years. In the mean time, iron rose in price so much as 10 compel the ironmon ger to raise the price of his irons 10 all his other customers 20 per cent, He still con- tinued to send them to Mr. Newbold accor- ding to contract. The appraisers at the custom.house, observing the discrepancy be- tween the invoice of Mir. Newbold and his neigbbors, felt themselves bound by the law not only to impose the same duty as the others paid, but also the penalty ot 50 per cent. for undervaluation, required by the act of le42. The law allowed no discretion. Nobody doubted the character of the trans. action, as Mr. Newbold then and now stood as high as any importer in New York. MT. Newbold was compelled to give up his good contract, as it was To osing business"
 MT. WEBSTER. I hope the honorable | oChutOI VIII to thC SlldiI or put them in such form we can have access to them.
 MT. LEWIS. shall have them publish. ed, sir.
 Now, MT. President, with this fact before them, will gentlemen contend further that there is a tendency in ad valorem duties to induce importers 10 under value their goodsl Here was case where the importer would most gladly have returned his goods abore their invoice cost, and at their true value but the law of 1s42 would not allow him that privilege. It compelled him to enter them at their cost, although it was known to be below their value and after thus com- polling him, exlorted forfeiture for so do. ing. ,....
 This bill amends the act of ls42, and gives to the importer the privilege he ha; long desired, of entering his goods aboue their invoice cost. strange as 1t may appear, this will be found to be most i'm. portant privilege, and one which will save more to ths importer than all the under-val' nations which were ever put into requisi tions to defraud lhe custom house. ask the clerk to read the 6th section of the bill to prove that while gentlemen contend there is such tendency to mnderstate the invoice