The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-07-27

4 Mr.. PENNYBACkER spoke at length IN do
fence OF the section and made an able argument IN
reply TO the senator from Massachusetts,, showing
that the provision was sautary, and that was not
ropugnant 20 the guards imposed by former laws
| Mr.. X. JOHNSON COMMANDED that the chairman
Of the Committee Finance had fallen into an err
ror in surprising that there was an identity between
the provisions OF this section and the I'd and AN OF
William Nv. lie then described the operation OF
the two laws, exposed what he regarded as the OBJ
ectonable features 9th section IN the ball proposed
10 be stricken OUT and argued that the remedy was
not cumulative, bat nullihed previous provisions,
Mr.. BENTON | did not wish TO vote upon
any clause OF amendment TO this bill intend 10
vote for Il on the single ground OF oyerturning the
act Of 1912, did not wish to 80 into the business
OF amendment, Amendment implies the exercise OF
liudRment consideration, and elaboration, and the
time and circumstances do not admit Of these re-
quisiIos 20 legislation, | hope there will be no more
motions TO amend but this motion being made, |
| am forced 20 vote upon Il, and must give my rea-
sous for the vote. The motion 10 to strike out the
sections which authorize the government to constr
tute itself the purchaser OF the Importation. This Is
not new question TO me; II Is not the first time
have thought or talked about t. AT least six months
ago, in conversation with the chairman Of the
Committee OF Ways and Means Of the House OF
Representatives, tAr. MoKAr,l | mentioned the
British practice Of taking the importation at the in
/ voice price objection to the ad yalorem sys-
tenn, | objected 10 the system. and mentioned this
identical practice Of the British government as an
incident Of the system, and one not suitable TO the
genius OF our government, or perhaps consistent
| with our constitution. la Great Britain IL was
| found, upon experience that al yalorems, even 10
/ the limited extent there used, were subject 10
fraud aud 10 frauds which could not be proved, that
u was necessary To have recourse, In addition 10 all
other penalties, 10 the extraordinary remedy Of
converting the government into merchant and Ia
king tho goods on It's own account But II was
not in tho case Of fragrant fraud-of proyeable
/ ffaud-but IN an equiyoeal Casa case where
/ fraud could be established in court OF justice, In
that case, the government, shutting its eyes upon the
fraud, but willing to deprive the fraudulent importer
| Of his undue gains, treats him honest man
takes his goods at his own pulee-and allows him
| the usual mercantile profit Of ten per cent This Is
| fair and ineligible, and our act evidently in
tended 10 be copied from H. Ii was evidently in
tended Ia make the American act comfortable to the
/ British act but with total misooneeplon of the
Brush act Our bill differs from the British in
being applicable to fraudulent, instead OF innocent
importationsi and 1t differs from IL IN not giving the
importer his fair mercantile profit. Ia this our ball
| "a contradictory and lnoomprehenslhle. The Brit
sh take the goods and pay the price, and add ten
per cenl, profit, on the ground Of an innocent un.
| deTyalualion IN the case Of fraudulent ImpoTta.
roa the importer is punished by the loss OF his
goods aud other penalties; and this has been the
case from the time OF the patrarchs 20 the present
day, Fraud MAS never before rewarded, except by
this bill, undertake TO say Il u the hTst ball which
rewards fraud which has been seen in the annals Of
| human legislation. The section IN our bill, there
FORE differs from tho. British in the great feature Of
application to fraudulent importalions; It also differs
from IN the measure Of per oentum allowed TO the
importer The British allows ten per cent because
that Is the usual English profit on fair importion.
| They therefore take the importers goods at his
| own price, and at the established profit That is
tNaung HIM rs a fair merchant, and carrying out
the idea Of the act But our act allows only Ave
per cent and that not only different from the British
act, but from the reason OF IL, and, in fact is
founded ia no reason. Five per cent is no, our
mercantile profit but about lel if therefore, the i'm
Norauon Is considered fair, in Great Britain, the
usual profit in addition to the prices should be paid
But bull goes upon the idea Of fraud. Il Is for
intention 10 detraud that the goods may be taken
for government use; and now upon wha, principle
can hVe per cent, or any per cent, be given on
fraud BY all our eus,om-houSe lavs-by the laws
Of the word fOm the time Of the patriarrhs to the
present day-traud Is a crime punishable by 6nss
and fotfetures: by no human legislation was fraud
ever before rewarded. This bill gives back the
whole amount Of the fraud and then gives five per
cent profit on that amount This is ineompTehensi-
acknowledgements II can only
result from copying the substance Of the British aci
without understanding it. and then, thinking ten per
cent. rather high premium on fraud, our bali
reduces it to ave- Why, sir, in The case OF
fraud, the British syssea, ferfeiss the ~hele s,-
portSuon; and that Is reasonable and 50 have
our acts always done. Our laws always forfeit for
fraud, bat this act rewards And now upon what
principle bill propose to give Ave per cent
only upon the principle OF an homes; importation
any thing he allowed, and then il should be the
usual profit IS IN Great Britain. But as q profit
ave per cent. is robbery Of the merchant; Il de-
frauds him cut Of seven and half per cent As
fraudulent Importation, the bill declares IL to BE-
Il Is premium On fraud. il is an encouragement to
Srtms u - wee and folly in legislation Of which
there Is no example in the annals Of human lesisa-
ucn. But, II Il Mas copy Of the Brush act
should sst I've opposed 10 IL The British pAr,s-
nenS can DO what cannot il Is onnirNelsn,--Us
arr hmitcd, IL may take the subjects property in
What cases II plessss and pay him fer It, 90 upea
the src0nd Of pSy'ns his price and prosrs- We
can only take the etsiEsns property IN s,,eeiked
oAsethst OF Its necessity 10 the puhlie service as
pSece 81 ground for fort, We then take the pro-
perry, and make compensation, Bat this Is not 4
q ths, kind This is dry-sN,cd, and grocery
business, not 10 save the exlstenoe Of the govern
uaert, but 10 make money, We take the raats 10 |
sell them, poSkeuns the pvvsss above Eve rer cent
a&Ne Nc any such poasr9 Ii q merchant has made |
srad Importation, have We a night 10 take II |
from hlns, unoer the pea that he purchased tee |
eAeSP, ard sell his god bargain for our cwn |
pVosts | Snow of no such possg; and Il
had Il, ! should be against its exercise as |
unsuitable - oar eocsrnrseEt, degrading 10 H. ard
ending il bSss u II. T~eaSy years ssn, when the
FsSsA ~ ass1Ats NSal presented lCSfAt II 2ke
sSrSSiea efNar Lersruss trnEn leasing lead mines
and sail springs, sSas eecSssan 10 say that thus
government net erUAsra ~ be saltwater b,sl.
sT, ~ loas~cagne Digger, - pe ihe landlord "
Miners ard hassers. sssa further that il il wen,
sEIe the business wgsbi he eheAsed. We'll ws |
have naN4s Tire trtaa; and T~satv years sxrereres
has sAe~a TIA, l was night. We no& know tAa, |
ore are cheated every year cut al o2r wits, ard |
svse than that, We have psy saCas tweaiy thea-
.ss& aaaArs year, ever ard 4Soys oas II The trS.s-
ary ~ gay Tor srirs sAeassd. say The Sasst row
II 'hss &ryssN ana sTDesry basane<s- If TIE sor-
eS~nssaI u The Cnlte5 SSasss soss inso The dry |
scS3& lire. ~ the sTeeery 6as. o. the 1
hardware has, Or the srnessry ware hns, /
90 hee<r&~n&A~S EAe. ~2f he eAsxse2 4
TAe had ssngorSsrsas wtA ae put Cye@ 4. ard shea
the iaraSoe prise IS rass, ard he srs yer osnl co
TIE isvacs rss3 and the Asssiaz Secs EaA. and tAe
sesass ard esrsAsea Mcaes sesCcasJ ana TIE aasScs
Aess, lascnst q praSSs me poer Cnlssa Ssfsx VII
end sAeSDsesyvs seoai IS thsy nSw are ia the esd
NsHe ard saG water eSsaptss-sssties r0ansv oct q
TIE treasury - rsy Ssszss- Bal &nolAsr eSsecGso-
rvscs az ssgsgnss a. Oar sSG sres apar fs=sa, ard