National Republican. (Washington City (D.C.)) 1872-1888, 1886-03-18
MANNING ON THE TARIFF.
The Need of Tarin Law Simple, Clear.
Definite, and Precise.

Definite, and Precise.
In response to an invitation from the
lion. a. S. Hewitt, of the House committee
of ways and means, the Secretary Of the
Treasury has sent letter to that gentle
man, containing his views upon certain
proposed notifications of existing laws
relating to duties on imports aud the col
lection of the revenue, as embodied In Mr..
Hewitts bill, No. 50lO.
The Secretary takes up and comments
upon the several sections Of the bill IN de-
tail, and concludes as follows:
Has your attention been especially called to
the opinion recently announced by the Su-
preme Court in Boyd vs.. the United states?
Is not the drin of II menacing to the right and
power Of Congress to enable the Executive to
enforce penalty ms punishment for an act
done or omitted by an importer in making an
| dutiCs2 lfit be that under tho constitution,
| the Executive cannot be authorized to exact
money from Nn importer as penalty or punish.
ment and ifCongtcss cannot empower eNccu-
! tive officers IN collecting the revenue to de-
mnnd the production OF truthful documents
las by section 1928 of the Revised Statutesl
which are in the possession of importers and
withheld, or the making Of truthful entries (as
by section 2gOOl, or inlict penalty or
| punishment or the forfeiture Of right
! and ~ all penalties must be recovered or
! enforced by suits in court 1t Will dc.
! serve consideration whether or not the
! working Of our existing system of ad valOrcm
/ rates as not received Il serious blow a
! In recent communication to Congress have
! CndcavorCd to set forth my reasons for bClicv-
| ing that the ad vGlorCm rates cannot now be
! satisfactorily worked The war rates of the
| last quarter of II century have inspired aud
| encouraged here aud there dishonest foreign
| Consignors to the invention OF devices to ovadc
| the revenue, which are, In effect, when in VIC.
| Luton Of an unOmbiguOuS law, theirs prnCtlCed
! on the government the community, and i'm
/ pOrtefs who do not Practice them. In the
! scramble for revenue between 1861 aud 1855
| there was no time for the patient elaboration
/ of tnriiI laws by this department and Congress.
! Each new tariff law was, in effect an amend.
! mont of its predecessors, In order to collect
| 1861 10 1888 have been 50 iutctlaccd that the
/ true Interpretation Of the latest depends on the
language OF It's predecessors If one would nSCer-
/ lain the intention OF the lawmakers.
| one reason why the disordGry, Illogical, aud
| confusing character of this tumble Of tariff
legislation since 1861 has not been more mp.
rnrtnt has grown ont OF the fact that either
because of inadequate judicial force in New
York or inCilcenCy In the district attorney
Cilice aud the collectors Office, or of some ,in.
/ explained reason, suits that have arisen during
the last quarter of Il century have not been
brought 10 trial, and now inCuinber the docket
OF the circuit court In New York to the scandal
/ Of the government and the injury OF private
/ sutoTS. When these suits shall be tried lool;
4 Tor other demands upon the treasury as start.
ling, II may be, rs the recent carton decision.
. These claims and suits should be tried or dis.
Z roscd Oi, Tor II allowed TO lngCr they VIII be-
come as stale as "tho French spOliGtiou
, claims.' The pressure for the highest rate
! brought TO bear on the department by inter
/ Cstcd domestic producers when Congress has
not spoken docisivCly could hot fail to result
/ in lawsuits of the class that now crowd the
calf ndar OF the distic attorney at New York
| II has not been my purpose In this commun.
icatiOn to consider the object of tariff sched'
. ulCS. whether on the one hand, they shall be
for the single object OF obtaining n sum OF
money for the maintenance of the federal gov:
/ eTnment, or, on the other hand, shall be framed
in order to diversity industries, or adjust dc.
mcstG production TO domestic demand, OF
and foreign labor What have sought to en-
force is the need of q tariff law, which, nC
matter what theories Of political economy may
/ underlie II, shall be so clear, definite, and pre-
else that it can he easily and surely admins
tered, and that the excuse for executive o
judicial discretion in administering 1t shall b(
unnecessary and unlawful.