A Compilation of the Messages and Papers of the Presidents. Volume 4, part 2: John Tyler
History
A Compilation of the Messages and Papers of the Presidents. Volume 4, part 2: John Tyler
Presidents -- United States; Tyler, John, 1790-1862; United States -- History -- Sources; United States -- Politics and government
This connection, thus meant to be inseparable, is severed by the bill
presented to me. The bill violates the principle of the acts of 1833 and
September, 1841, by suspending the first and rendering for a time the
last inoperative. Duties above 20 per cent are proposed to be levied,
and yet the _proviso_ in the distribution act is disregarded. The
proceeds of the sales are to be distributed on the 1st of August, so
that, while the duties proposed to be enacted exceed 20 per cent, no
suspension of the distribution to the States is permitted to take place.
To abandon the principle for a month is to open the way for its total
abandonment. If such is not meant, why postpone at all? Why not let the
distribution take place on the 1st of July if the law so directs (which,
however, is regarded as questionable)? But why not have limited the
provision to that effect? Is it for the accommodation of the Treasury?
I see no reason to believe that the Treasury will be in better condition
to meet the payment on the 1st of August than on the 1st of July.
The bill assumes that a distribution of the proceeds of the public
lands is, by existing laws, to be made on the 1st day of July, 1842,
notwithstanding there has been an imposition of duties on imports
exceeding 20 per cent up to that day, and directs it to be made on the
1st of August next. It seems to me very clear that this conclusion is
equally erroneous and dangerous, as it would divert from the Treasury a
fund sacredly pledged for the general purposes of the Government in the
event of a rate of duty above 20 per cent being found necessary for an
economical administration of the Government.
The bill under consideration is designed only as a temporary measure;
and thus a temporary measure, passed merely for the convenience of
Congress, is made to affect the vital principle of an important act.
If the proviso of the act of September, 1841, can be suspended for the
whole period of a temporary law, why not for the whole period of a
permanent law? In fact, a doubt may be well entertained, according to
strict legal rules, whether the condition, having been thus expressly
suspended by this bill and rendered inapplicable to a case where it
would otherwise have clearly applied, will not be considered as ever
after satisfied and gone. Without expressing any decided opinion on this
point, I see enough in it to justify me in adhering to the law as it
stands in preference to subjecting a condition so vitally affecting the
peace of the country, and so solemnly enacted at a momentous crisis, and
so steadfastly adhered to ever since, and so replete, if adhered to,
with good to every interest of the country, to doubtful or captious
interpretation.
Public-domain text, read in full here on John Shaqi.
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