The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-03-23
MIR. Hunters Bill.

the Ol congress Dceh
started by of the most ultra and anatcal of the
pro,ectonists, that this bill includes freight from the
foreign to the American port of the items of
"eosts and charges" upon which the duty is to be levied
here
This construction cannot be given to the act for the
following
/. This act, to ''coss and charges" adopts nten
onally the language of the 10th section of the act of
ls42 which remained in force that respect under all
succeeding laws Now, that section intended
10 include freight by those who passed and those who
put in execution the act of 1912. Mr. Forward was then
Secretary of the Treasury, and the bill OF ls42 great
extent, prepared by him. By a cotemporaneous ex
position he construed it not TO include freight, and 80
did all his successors in the reasury-Messrs Spencer,
BIB, Walker, Meredith, and Corwin May not here
say, in the language of the Supreme Court OF the United
States, that ga eotsporaneo exposition, practised and
acGniesced under for Of years. res the eonsuc
lion p
O. 1t is another settled rule in constituting statutes,
CURED in principle by the Supreme Court of the Uni
ted States, that oen the l1nguage of preceding act
adopted in subsequent idw, and that preceding act has
received uniform construction, that construction IS
garded constituting part of The statute Now, Mr..
Hunters bill of 1851 TO and charges" adopted
the precise language of the act of S42 and therefore
must receive the construction, which well
known to Mr. Hunter rlo drew the BILL and to Congress.
being inboded in numerous public documents printed
by them As 10 costs and charges" the language
is the same as the act of 1912; the only difference is on
another ponl-adopting in the language of the act of
1851 the words, sat the period OF eIportaOn instead
of the words in the act OF 1912. "at the lime hsn pur
chased"
g. The declared object OF the bill, growing Of an
official report to Congress by Mr. Corwn in September.
1885, renewed in his official letter TO Mr. Hunter of Jan.
uary 81 1851, was TO validate by law Mr.. Walkers
circulars who had construed ,he period Of expectation
the true meaning of the act OF 1912 and 1916. in
which MIR. Meredith and MIR. Corwin both concuued-
the latter especially in the report before referred TO, Of
September, 1851. Mr.. Walkers construction, thus
CURED in, eroiuded freight; lit adopted by Mr. Cor
win, who is now asked to reuera his own decision and
that of all his predecessors, and include freight.
l. This bill (Mr Hunter's) had been reported to the
Senate by MIR. Hunter, chairman OF the Committee on
Finance, wher some days subsequently the following
proceedings took place
| ak SrsArs. Tuesday, February l. 1851.
"Mr HusrKR. move that the Senate proceed to the
appraisers large, and for other purposes In order
show the necessity Tor action this bill, would ask the
head ofhe Treasury Department.
THE Secretary read the letter IS fellows
! "'TEkA,uEY DEPARTMENT 3IH January, 1851.
"'StR unde, stand the bill making further provision
for The collection of the revenue prepared by your
tee, has been reported to the Senate trust you will
Tor urging upon you the necessity OF bringing II
lorwsr at the earliest moment possible.
| 1.-The provisions Of that bill this almost
ind pcnsabe the Both July 1876
Il will be- quite possible business the Gus
tom.honses unless this law, or something like IT, shall be
81 have the honor to be your obsdieat servant,
g Secretary of the Treasury.
| "'Hou r. NJ. I. HuyrKR,
| chairman Com. OF Finance, u. Senate )"
! Here Mr. Corwin himself states the object OF Mr.
Hunters bilnamely, that, in consequence Of the recent
decision of Che Supreme Couu,) ii "almost indis.
rensabe TO the ereeution OF the tariff Of 3oh July
1876" In his speech al that date, published on the
It'll February, 1851, MI. Hunter said;
"Tue section fact give. the OF law the circular
issued by Secretary Walker relation valuations under
the lS.6a circular which has been adhered TO by
the Secretaries, Of the Treasury who have succeed
ed him Such, indeed has been The practice IN.
der the e 1896 since IL has been passed this
Rod But during the course OF the this circular
brough under judicial revision Judge Woodbury. sitting
"a ~ Boston, Freely Thompson and Forman,)
oveHuled hal circular aud his opinion has been recently
sustained by the Supreme Court The result Will be that
hereafter unless we egsate in relation to The subject the
foreign value goods will be computed the time Of the
procurement purchase, at the place Of purchase and
lime of importation, and at the time and place OF i'm
2otaton as has been heretofore done ands now proposed
This would give rise to great inequality and door,
pcrha very wide door, to fraud All men experienced
10 regard this testify alike All the Secretaries
OF The Treasufy-Mf. Walker, Mr. Meredith, Mr. Corwin-
were OF the same opinion ~ regard TO the mode In which
the foreign value should be computed Aud when
look the effect OF substituting the value the time and
place OF purchase or that time and place which ,h, blu
proposes, and MI Walkers circular required, we find that
II throws wide door To fraud, and Is calculated
drive the importing business into the hands OF foreign
merchants thus discriminating in favor Of fofeg and
| against own i'm porters
III you adopt the principle laid down by the Supreme
Court, the ship might bring cargo from the
place and deliver II at the But part OF this
having been purchased when the vessel sailed and
the other before t.ey thirty days done with the iron
purchsshed different times, but delivered the
moment, would be subject TO different rates OF duty This
would not only produce great inequality beweea
and man, but would often afford opportunity and
atlon for fraud, and make IL difficult for the
paisers ascertain what the precise value of these
goods al the time designated by law for their esma "
Here Mr. Hunter, the author OF the bill, expressly de-
clares 10 The Senate that il simply "gipes The fierce Of
ow to the circular issued by Secretary Walker in relation
10 valuations under the act of 1916 " which circular, in
express terms declared that the freight from the las,
place of shipment to the United States is not TO be in
cluded in the valuation !" which circular before
Congress- and had been acted upon and adopted by Sec
re,ares Meredith and Corwin and especially approved
in formal report by Mr. Corwin, in September. 1850,
who now asked to give different construction 10 the
same language in Mr. Hunters bill.
Having shown the meaning attached to this bill,
and stated TO the Senate by s author Mr.. Hunter we
will now prove that the construction was given by