« VorigeDoorgaan »
ly, in casks or bottles. fifteen cents per gallon; on allother wines not enumerated, and other than those of France. Austria Prussia, and Sardinia and of Portugal and its possessions, when in bottles, sixty-five cents per gallon when in casks. twenty-five cents per gallon. Provided That nothing herein contain-, ed shall be construed or permitted to operate so as to interfere with subsisting treaties with foreign nations: Provided further, That all imitations of brandy or spirits. or of any of the said wines, and all wines imported by any name whatever, shall be sub ject to the duty provided for the genuine article, and to the highest rate of duty applicable to the article of the same name. And provided further that when wines are imported in bottles the bottles shall pay a separate duty, according to the rate established by this act; on cordials and liquors of all kinds, sixty cents per gallon; on arrack, absynthe, Kirschen wasser,, ratafia and other similar spirituous beverages, not otherwise specified, sixty cents per gallon; on ale porter and beer. in bottles twenty cents per gallon; otherwise than in bottles fifteen cents per gallon; on tobacco in leaf, or unmanfactured twenty per centum ad valorem; on cigars, of all kinds, forty cents per pound; on snuff twelve cents per pound; manufactured tobacco, other than snuff and cigars, ten cents per pound.
SEC. 9. And be it further enacted, That from and after the day and year beforementioned, the following articles shall be exempt from duty, namely: First. All articles imported for the use of the U.
Second. All goods, wares, or merchandise. the growth, produce, or manufacture of the U. States, exported to a foreign country, and brought back to the United States, and books and personal and household effects, not merchandise, of citizens of the U. States dying abroad.
Third. The paintings and statuary. the production of American artists residing abroad.
Fourth. Wearing apparel in actual use, and other personal effects, not merchandise, professional books. instruments implements and tools of trade, occupation, or employment, of persons arriving in the U.
tartar when crude, teutene que turmeric, weld woods | py of the inventory, appraisement and account of
SEC. 12. And be it further enacted, That on and after the day this act goes into operation, the duties on all imported goods, wares, or merchandise, shall be paid in cash: Provided, That, in all cases of failure or neglect to pay the duties, on completion of the entry, the said goods, wares or merchandise, shall be taken possession of by the collector, and deposited in the public stores, there to be kept with due and reasonable care, at the charge and risk of the owner, importer, consignee, or agent: and if such goods remain in public store beyond sixty days (except in the case of goods imported from beyond the Cape of Good Hope, remaining for the space of ninety days) without payment of the duties thereon, then said goods, wares and merchandise, or such quantities Thereof as may be deemed necessary to discharge the duties, shall be appraised and sold by the collector at public auction, on due public notice thereof being first given, in the manner and for the time to be prescribed by a general regulation of the treasury department; and at the said public sale, distinct printed catalogues, descriptive of said goods, with the appraised value affixed there to, shall be distributed among the persons present at said sale; and a reasonable opportunity shall be given, before such sale, to persons desirous of purchasing, to inspect the quality of such goods: and the proceeds of said sales, after deducting the usual rate of storage at the port in Sixth. Anatomical preparations, models of ma- question, together with all other charges and expenchinery, and other inventions or improvements in ses, including interest on the duties from the dates of the arts; specimens in natural history, mineralogy entry at the rate of six per centum per annum, shall and botany; trees, shrubs, plants, bulbs or roots, and be applied to the payment of the duties, and any bagarden seeds, not otherwise specified; berries, nuts, lance of money remaining, over and above the full and vegetables, used principally in dying or compos- amount of duties, charges, expenses and interest aforing dyes; all dye woods in stick; whale and other said, as well as such quantities of any goods, wares, fish oils of American fisheries, and all other articles or merchandise, as may not have been sold for the the produce of said fisheries; animals imported for purposes before mentioned, shall be delivered and breed; fish, fresh caught, imported for daily con- the money paid over, by the collector, to the owner, sumption; fruit, green or ripe, from the West In- importer, consignee or agent, and proper receipts ta dies, in bulk; tea and coffee when imported in Ame-ken for the same: And provided, That if no claim be rican vessels from the place of the growth or pro
Fifth. Philosophical apparatus, instruments, books, maps and charts, statues, statuary, busts, and casts of marble, bronze, alabaster, or plaster of Paris, paintings, drawings, engravings, etchings, specimens of sculpture, cabinets of coins, medals, gems, and all other collections of antiquities, provided the same be specially imported in good faith for the use of any society incorporated or established for philosophical or literary purposes, or for the encouragement of the fine arts, or for the use and by the order of any college, academy, school, or seminary of learning in the United States.
Sec. 15. And be it further enacted, That in the case of all goods, wares and merchandise, imported on and after the day this act goes into operation, and entitled to debenture under the existing laws, no drawback of the duties shall be allowed on the same, unless said goods, wares or merchandise, shall be exported from the United States within three years from the date of importation of the same; nor shall the additional rate of duty levied by this act on goods, wares and merchandise, imported in foreign vessels, be refunded in case of re-exportation; Provided, That two and one half per centum on the amount of all drawbacks allowed, except on foreign refined sugar, shall be retained for the use of the United States, by the collectors paying such drawbacks, respectively, and in the case of foreign refined sugars, ten per centum shall be so retained.
Sec. 16. And be it further enacted, That in all cases where there is or shall be imposed any ad valorem rate of duty on any goods, wares or merchandise, imported into the United States, and in all cas's where the duty imposed shall by law be regulated by or directed to be estimated or based upon, the value of the square yard, or of any specified quantity or parcel of such goods, wares or merchandise, it shall be the duty of the collector, within whose district the same shall be imported or entered, to cause the actual market value or wholesale price thereof, at the time when purchased, in the principal markets of the country from which the same shall have been made by such owner, importer, consignee or agent, imported into the United States, or of the yards, parfor the portion of goods which may remain in the cels or quantities, as the case may be, to be appraisSeventh. Adhesive felt for sheathing vessels, al- hands of the collector, after such sale, the said goods ed, estimated, and ascertained, and to such value or cornoque, aloes, antimony crude, argol, asafoetida, shall be forthwith returned to the public stores,there price, to be ascertained in the manner provided in ava root, barilla, bark of cork tree unmanufactured; to be kept at the risk and expense of the owner, im- this act, shall be added all costs and charges except bells or beil metal, old and only fit to be remanufac porter, consignee or agent, until claimed or sold for insurance, including in every case charges of com tured, or parts thereof, and chimes of bells; brass in storage agreeably to law; and the proceeds of the missions according to the usual rates, as the true va pigs or bars, and old brass only fit to be remanufac-sale for duties remaining unclaimed for the space of lue at the port where the same may be entered, upon tured, Brazil wood, crude brimstone. and flour of ten days after such sales, shall after payment of du- which duties shall be assessed. And it shall, in every sulphur; bullion, burr stones unwrought, cantha- ties and all expenses aforesaid, at the expiration of such case, be the duty of the appraisers of the Unitrides, chalk, clay unwrought, cochineal. coins of that period, be paid by the collector into the treasu-ed States, and every of them, and every person who gold and silver copper imported in any shape for the ry, in the manner provided for in the case of un- shall act as such appraiser, or of the collector and use of the mint, copper in pigs, or bars, and copper claimed goods, in the next succeeding section of this naval officer, as the case may be, by all the reasona ore, plates or sheets of copper for sheathing vessels, act: And provided further, That when any goods are ble ways and means in his or their power, to ascer but none is to be so considered except that which is of a perishable nature, they shall be sold forthwith. tain, estimate and appraise the true and actual mar14 inches wide and 48 inches long and weighing Sec. 13. And be it further enacted, That previous to ket value and wholesale price, any invoice or affidafrom 14 to 34 ounces per square foot; old copper, fit the sale of any unclaimed goods, the said collector vit thereto to the contrary notwithstanding, of the only to be remanufactured; cream of tartar, emery, shail procure an inventory and appraisement thereof said goods, wares and merchandise, at the time purflints, ground flint, gold bullion, gold epaulets and to be made, and to be verified, on oath or affirmation chased, and in the principal markets of the country wings, grindstones, gum Arabic, gum Senegal, gum by two or more respectable merchants, before the whence the same shall have been imported into the tragacanth, India rubber, in bottles or sheets, or said collector; and to remain with him; and said col- United States, and the number of such yards, parotherwise, unmanufactured, and old junk, oakum, lector shall afterward cause said goods to be adver- cels, or quantities, and such actual market value or kelp kermes, lac dye. leeches, madder, madder root, tised and sold, in the manner provided for in this act, wholesale price of every of them, as the case may mother of pearl nickel. nux vomica, palm leaf un- and, after retaining the duties thereon, agreeably to require; and all such goods, wares or merchandise, manufactured. palm oil; Peruvian bark, pewter, such inventory and appraisement, and interest and being manufactured of wool, or whereof wool shall when old and only fit to be remanufactured; platina charges as aforesaid, shall pay the overplus, if any be a component part, which shall be imported into un manufactured, ivory unmanufactured, plaster of there be, into the treasury of the United States, there the United States in an unfinished condition, shall, in Paris unground, ratans, and reeds unmanufactured, to remain for the use of the owner or owners, who every such appraisal, be taken, deemed and estimatrhubarb. saltpetre when crude, sarsaparilla, shellac shall upon due proof of his, her or their property, be ed to have been, at the time purchased, and place silver bullion, silver epaulets and wings, stones call-entitled to receive the same; for which purpose the whence the same was imported into the United ed polishing stones, stone called rotten stone, sumac, collector shall transmit, with the said overplus, a co-¦ States, of as great value as if the same had been en
prior to said first day of September, eighteen hundred and forty-two.
SEC. 23. And be it further enacted, That the importation of all indecent and obscene prints, paintings, lithographs, engravings, and transparencies, is hereby prohibited; and no invoice or package whatever, or any part thereof, shall be admitted to entry, in which any such articles are contained; and all invoices and packages whereof any such articles shall compose a part. are hereby declared to be liable to be proceeded against, seized, and forfeited, by due course of law, and the said articles shall be forthwith destroyed.
tirely finished: Provided, That in all cases where and which should have been invoiced without pay goods, wares and merchandise, subject to an ad valo-ing or accounting for the duty, or shall make cut, or rem duty, or on which the duties are to be levied pass. or attempt to pass, through the custom house, SEC. 26. And be it further enacted, That the laws upon the value of the square yard, and in all cases any false, forged, or fraudulent invoice, every such existing on the first day of June, eighteen hundred where any specific quantity or parcel of such goods, person, his. her, or their aiders and abettors, shall be and forty-two, shall extend to and be in force for the wares and merchandise, shall have been imported deemed guilty of a misdemeanor, and on conviction collection of the duties imposed by this act on goods, into the United States from a country in which the thereof shall be fined in any sum not exceeding five wares, and merchandise, imported into the United same have not been manufactured or produced, the thousand dollars, or imprisoned for any term of time States, and for the recovery, collection, distribution, foreign value shall be appraised and estimated ac- not exceeding two years, or both, at the discretion and remission of all fines, penalties, and forfeitures, cording to the current market value or whole- of the court. and for the allowance of the drawbacks by this act sale price of similar articles at the principal mar- Sec. 20. And be it further enacted. That there shall authorised as fully and effectually as if every regukets of the country of production or manufacture, be levied. collected, and paid on each and every non-lation, restriction. penalty, forfeiture, provision, at the period of the exportation of said goods, wares enumerated article which bears a similitude, either clause, matter, and thing, in the said laws contained, and merchandise, to the United States. in material quality, texture, or the use to which it had been inserted in and re-enacted by this act. And Sec. 17. And be it further enacted. That it shall b may be applied. to any enumerated article charge- that all provisions of any former law inconsistent lawful for the appraisers, or the collector and naval able with duty, the same rate of duty, which is with this act, shall be, and the same are hereby, reofficer, as the case may be, to call before them and levied and charged on the enumerated article which it pealed. examine, upon oath or affirmation, any owner, im- most resembles in any of the particulars before men- SEc. 27. And be it further enacted. That it shall be porter, consignee, or other person, touching any mat- tioned: and if any non-enumerated article equally re- the duty of the secretary of the treasury, annually, ter or thing which they may deem material in ascer- sembles two or more enumerated articles, on which to ascertain whether, for the year ending on the taining the true market value or wholesale price of different rates of duty are chargeable, there shall be thirtieth of June next preceding the duty on any merchandise imported, and to inquire the pro-levied, collected, and paid, on such non-enumerated any articles has exceeded thirty-five per centum ad duction, on oath or affirmation, to the collector or to article, the same rate of duty as is chargeable on the valorem on the average wholesale market value of any permanent appraiser, of any letters, accounts, article which it resembles paying the highest duty; such articles in the several ports of the U. States or invoices, in his possession, relating to the same, and on all articles manufactured from two or more for the preceding year; and. if so, he shall report a for which purpose they are hereby respectively au- materials, the duty shall be assessed at the highest tabular statement of such articles and excess of duty thorised to administer oaths and affirmations; and if rates at which any of its component parts may be to congress, at the commencement of the next anany person so called shall neglect or refuse to attend, chargeable. nual session thereof, with such observations and reor shall decline to answer, or shall, if required, reSEC. 21. And be it further enacted, That the collec- commendations as he may deem necessary for the fuse to answer in writing any interrogatories, and tor shall designate on the invoice at least one pack- improvement of the revenue. subscribe his name to his deposition, or to produce age of every invoice, and one package at least of such papers, when so required, he shall forfeit and every ten packages of goods, wares, or merchandise, pay to the United States the sum of one hundred and a greater number, should he or either of the apdollars; and if such person be the owner, importer, praisers deem it necessary, imported into such port, or consignee, the appraisement which the said ap- to be opened, examined, and appraised and shall orpraisers, or collector and naval officer, where there der the package or packages so designated to the are no legal appraisers, may make of the goods, public stores for examination; and if any package be wares and merchandise, shall be final and conclusive, found by the appraisers to contain any article not any act of congress to the contrary notwithstanding; specified in the invoice, and they or a majority of and any person who shall wilfully and corruptly them shall be of opinion that such article was omitted swear or affirm falsely, on such examination, shall in the invoice with fraudulent intent on the part of the be deemed guilty of perjury, and if he be the owner, shipper, owner, or agent, the contents of the entire importer, or consignee, the merchandise shall be for-package in which the article may be, shall be liable feited; and all testimony in writing, or depositions, to seizure and forfeiture on conviction thereof before taken by virtue of this section, shall be filed in the any court of competent jurisdiction; but if said apcollector's office, and preserved for future use or re-praisers shall be of opinion that no such fraudulent ference, or be transmitted to the secretary of the intent existed, then the value of such article shall be treasury when he shall require the same: Provided, added to the entry, and the duties thereon paid acThat if the importer, owner, agent or consignee, of cordingly, and the same shall be delivered to the imany such goods, shall be dissatisfied with the ap- porter, agent, or consignee: Provided, That such forpraisement, and shall have complied with the fore- feiture may be remitted by the secretary of the going requisitions, he may forthwith give notice to treasury, on the production of evidence, satisfactory the collector, in writing of such dissatisfaction; on to him that no fraud was intended: Provided further, the receipt of which, the collector shall select two That if, on the opening of any package or packages discreet and experienced merchants, citizens of the of goods. a deficiency of any article shall be found, United States, familiar with the character and value on examination by the appraisers, the same shall be of the goods in question, to examine and appraise the certified to the collector on the invoice, and an same, agreeably to the foregoing provisions; and if allowance for the same be made in esti.nating the they shall disagree, the collector shall decide be- duties. tween them; aud the appraisement thus determined shall be final, and decuied and taken to be the true value of said goods, and the duties shall be levied thereon accordingly, any act of congress to the contrary notwithstanding: Provided, also, That in all cases where the actual value to be appraised, estimated and ascertained, as hereinbefore stated, of any goods, wares and merchandise, imported into the United SEC. 23. And be it further enacted, That it shall be States, and subject to any ad valorem duty, or where the duty of the secretary of the treasury from time on the duty is regulated by or directed to be imposed to time to establish such rules and regulations. not or levied on the value of the square yard, or other inconsistent with the laws of the United States, to parcel or quantity thereof, shall exceed by ten per secure a just, faithful, and impartial appraisal of all centum or more the invoice value, then, in addition goods, wares, and merchandise, as aforesaid, importto the duty imposed by law on the same, there shall be ed into the United States, and just and proper enlevied and collected, on the same goods, wares and tries of such actual market value or wholesale price merchandise, fifty per centum of the duty imposed on thereof, and of the square yards, parcels, or other the same, when fairly invoiced. quantities, as the case may require, and of such actual market value or wholesale price of every of them.
SEC. 22. And be it further enacted. That where goods, wares, and merchandise, shall be entered at ports where there are no appraisers, the mode hereinbefore prescribed of ascertaining the foreign value thereof shall be carefully observed by the revenue officers to whom is committed the estimating and collection of duties.
SEC. 29. And be it further enacted, That, wherever the word "ton" is used in this act. in reference to weight, it shall be deemed and taken to be twenty hundred weight, each hundred weight being one hundred and twelve pounds avoirdupois.
SEC. 30. And be it further enacted. That so long as the distribution of the nett proceeds of the sales of the public lands, directed to be made among the several states, territories, and District of Columbia, by the act entitled "an act to appropriate the proceeds of the sales of the public lands and to grant pre-emption rights." shall be and remain suspended by virtue of this act, and of the proviso of the sixth section of the act aforesaid the ten per centum of the said proceeds, directed to be paid by the said act to the several states of Ohio, Indiana. Allinois, Alabama, Missouri. Mississippi, Louisiana. Arkansas, and Michigan, shall also be and remain suspended.
JOHN WHITE, Speaker of the house of representatives WILLIE P. MANGUM, President of the senate pro tempore. JOHN TYLER.
Approved, August 30, 1842.
AUGUST 25. Mr. Merrick called up his resolution calling upon the president for any detailed statement he may have caused to be prepared at the treasury department showing the amount of revenue the late vetoed revenue bill would have produced, if it had become a law.
Mr. Evans moved to amend by making the call upon the secretary of the treasury instead of the president. Mr. King remarked that that would defeat the ob
Mr. Merrick hoped the amendment would not be adopted, he wanted the estimate which had already been prepared at the treasury department under the order of the president. Since the period at which the estimates made by the secretary of the treasury had been made, that officer had been suffering by indisposition, and for ought he knew, the estimates which he now calls for, had been based upon a different state of things.
SEC. 18. And be it further enacted. That the several collectors be and they are hereby authorized under such regulations as may be prescribed by the secre- SEC. 24. And be it further enacted, That it shall be tary of the treasury, whenever they shall deem it the duty of all collectors and other officers of the necessary to protect and secure the revenue of the customs to execute and carry into effect all instruc-ject of the resolution. United States against frauds or undervaluation, and tions of the secretary of the treasury relative to the the same is practicable, to take the amount of duties execution of the revenue laws; and in case any diffichargeable on any article bearing an ad valorem rate culty shall arise as to the true construction or meanof duty, in the article itself according to the propor- ing of any part of such revenue laws the decision tion or rate per centum of the duty on said article; of the secretary of the treasury shall be conclusive and such goods so taken, the collector shall cause to and binding upon all such collectors and other offibe sold at public auction, within twenty days from cers of the customs. the time of taking the same in the manner prescrib- SEC. 25. And be it further enacted, That nothing in ed in this act, and place the proceeds arising from this act contained shall apply to goods shipped in a such sale in the treasury of the United States: Pro- vessel bound to any part of the United States, actu- Mr. Evans said that this resolution would form a vided. That the collector or appraiser shall not be al- ally having left her last port of lading eastward of novel and dangerous experiment; it sets aside the lowed any fees or commissions for taking and dispos- the Cape of Good Hope or beyond Cape Horn prior proper revenue officer and introduces the president ing of said goods, and paying the proceeds thereof to the first day of September. eighteen hundred and into a new function, wherein he supercedes the head into the treasury, other than are now allowed by law. forty-two; and all legal provisions and regulations of the department and goes down to a subordinate SEC. 19. And be it further enacted, That if any per- existing immediately before the thirtieth day of thereof for the purpose of throwing discredit upon son shall knowingly and wilfully, with intent to de- June eighteen hundred and forty-two, shall be ap- the regular and responsible information of the secre fraud the revenue of the United States, smuggle or plied to importations which may be made in vessels tary himself. The estimates, the senator seeks, are clandestinely introduce into the United States any which have left such last port of lading eastward understood to have been made by the first comptrolgoods, wares, or merchandise, subject to duty by law, of the Cape of Good Hope or beyond Cape Horn ler who anticipated but 12 millions, instead of, as
the secretary had estimated, 26 millions from the operation of the bill.
Mr. Archer opposed the resolution as having been based, not upon any official information, but upon mere rumor. [The hour of 11 here terminated the debate and]
The senate passed to the consideration of the spe
cial order. viz. the revenue bill.
Various amendments were acted upon, and among them, by a vote of 25 to 23, an amendment offered by Mr. Walker to reduce the duty on cotton bagging from 4 cents, (as amended by the committee on finance), to 3 cents per yard was adopted. The day was exhausted in discussing the various amendments, and the senate finally adjourned
AUGUST 26. Mr. Archer, from the committee on naval affairs. reported the joint resolution of the house to authorise experiments of Colt's submarine battery.
fered by Mr. Rives, and decided in the negative as
YEAS Messrs. Archer, Bagby, Calhoun, Cuth-
Mr. Sevier was willing to vote for a bill for revenue, and he would go for twenty-five per cent. ad valorem, and that was to the utmost extent he would go, and a government that wanted more did not deserve to be supported, and ought to be rebelled against. He was anxious the government should have revenue, and he thought the bill he should move as a substitute would afford it. Mr. then moved to strike all after the enacting clause, and to insert a bill which he sent to the chair, extending the duties The bill from the house making appropriations for to 25 per cent. ad valorem, which, with the home vathe purchase of sites for the erection of marine hospi-luation, he said, would be equal to 30. tals was taken up in committee of the whole debated, read a third time and passed; yeas 29, nays 9.
Mr. Evans, from the committee on finance, reported back, without amendment, the bill from the house making appropriations for fortifications.
The bill to make appropriation for the erection of a marine hospital at or near Ocracock, North Carolina, was read a third time and passed.
The senate then took up the revenue bill; when
Mr. Choate moved to amend the bill so as to make linseed subject to a duty of five per centum ad valorem. Mr. Huntington moved to amend the bill so as to subject sulphate of barytes to one half cent a pound instead of 20 per cent. ad valorem; which motion was agreed to.
Mr. Merrick moved to amend the bill by adding an additional section, providing that whenever the president of the United States shall receive satisfactory evidence that the grain, flour, salted provisions and manufactured tobacco, exported from the U. States, are admitted at a rate of duty not exceeding twentyfive per cent. ad valorem, into any European state he shall make proclamation thereof, and thenceforward the duties imposed by this act upon all articles the growth of such state shall be reduced to the rate of twenty-five per centum ad valorem.
Mr. Evans expressed a hope that the amendment would not prevail, as it would interfere with our cominercial treaties Mr. Merrick denied that such! was the fact. Mr. Walker was opposed to the proposition. When the price of grain had risen to a certain amount the duty was already made less than that which he contemplated; and as for tobacco, that being a monopoly any reduction was hopeless. Mr. Evans read a passage from the commercial treaty with England. Mr. Wright would have voted for it, had it not been for the suggestion of the senator from Maine. Mr. Benton thought it not suited for a bill like the present. The question was taken by yeas and nays, and decided in the negative, yeas 6. nays
The question was taken on the amendment, and
NAYS-Messrs. Archer, Barrow, Bates, Bayard,
Mr. Berrien moved to amend the bill so as to ex-
Mr. Buchanan opposed the amendment at length. The question was taken and decided in the negative; yeas 18, nays 23.
On motion of Mr. Porter, the bill was further amended so as to make unwrought spars subject to a duty of 30 per cent.
Mr. Graham then moved to repeal the section con-
Decided in the negative as follows:
NAYS-Messrs. Allen, Bagby, Bates, Beuton,
Mr. Clayton submitted an amendment to suspend
Mr. Merrick moved to limit the operation of the bill to two years.
Mr. Evans spoke as to the disastrous effect of this fluctuating policy, and hoped it would not prevail. Mr. Preston desired that its provisionary character should be expressed on its face: it was overwhelmingly protective, stamped all over with such features, and its provisions were passed under the pressing exigency of the case. on Mr. Merrick's amendment by yeas and nays, and The question was then taken decided in the negative; yeas 21, nays 22.
Mr. Evans expressed the hope that the amendments would be ordered to be engrossed.
Mr. Calhoun did not know how many might be present in the morning, and he should prefer to have the yeas and nays now.
Mr. Barrow moved that the senate adjourn, and by yeas 24, nays 20, the senate adjourned.
AUGUST 27. On motion of Mr. Bayard, a committee of conference, consisting of three senators, was appointed by the chair, to meet a like committee on the part of the house, to confer as to the disagreeing votes on the bill to suppress the vending of lottery tickets in the District of Columbia.
The bill which had passed the house repealing the sixth section of the distribution act, which suspends the operation of said act when it shall be necessary to lay a higher rate of duty than 20 per cent. to support the government, was taken up, and read the first time; and the question being "shall the bill be read the second time, with a view to reference?" Mr. Allen objected.
The bill regulating the taking of testimony in cases of contested elections was, after a short debate, recommitted to the committee on the judiciary: yeas 16, nays 13.
The joint resolution from the house making an appropriation to test the invention of Mr. Colt's submarine battery was taken up on the motion of Mr. Preston.
Mr. Archer proposed an amendment, authorising the secretary to cause experiments to be made on the inventions of Messrs. Easton, Campbell, or Quimby, for the prevention of explosions of steam boilers.
A short debate ensued, but the morning hour having expired, the senate proceeded to the orders of the day, being the bill providing for the collection of revenue, and to change and modify existing laws, and for other purposes.
Mr. Buchanan said that it was one most important consideration with him to vote for any bill which would arrest the distribution of the splendid inheritance of the public lands, and place the fund where it was previously to the passage of the law of last September. Every duty was now paid under protest, and the vast revenue for the support of the govern ment was in law, and would continue for some time to be in law, and no one knew what would be the judicial resuit. The treasury was empty, the public. credit affected, and it was therefore indispensably On motion of Mr. King the duty on untarred cornecessary to pass some measure to relieve the public Mr. Rives felt strong objections to the present bill. dage was reduced from five to three cents. distress. He felt that their very first duty was to It was evident it was a measure prohibitory in its Mr. Tappan then moved his proposition of recipro- sustain the national credit abroad; failing to do this, character, and, in his opinion, aimed a deadly blow cal duties, to the effect, that the produce of such na- they would make themselves the scorn of the citiat the commerce of the country. Instead of some- tions as may admit the flour, grain and salted meat zens of Europe, and subject the lovers of free instithing like an adherence to the compromise act, it of the United States, shall be admitted free of duties, tutions to deep humiliation. There were hundreds went beyond the tariff of 1828; and instead of afford- so far as the same shall exceed 20 per cent. This of thousands of honest mechanics, who make their ing revenue, he had seen estimates from the most led to some debate. Mr. Merrick pressing his amend- living by the "sweat of their face" scattered throughenlightened and practical men that it would defeat ment to include unmanufactured tobacco, Mr. Tap-out the union. With twenty per cent. duties, the the very object which it proposed to have in view, pan withdrew his amendment. viz. revenue. He desired to restore the duty to what it was in 1841, which produced a net revenue of fifteen millions which, with a duty of 20 per cent. on free articles would give revenue sufficient for all the practical purposes of an economical administration of the government. Mr. R. then moved to strike out all after the enacting clause and insert as an amendment, a bill generally similar to that introduced into the house of representatives by Mr. C. J. Ingersoll, (on the 19th inst.)
Mr. Preston moved to amend the amendment by striking out the words until the further legislation of congress." and making the act operative for the space of two years only. Mr. P's amendment was decided in the negative.
Mr. Evans said the amendment of Mr. Rives was a question of revenue or no revenue. Mr. Preston hoped that the amendment would be passed. Mr. Walker moved to amend the amendment by inserting a tax of three and a half per cent. on all articles of gold and silver ware above the value of $100, and not in the stores of merchants for sale, to take the place of the tax on tea and coffee. Negatived,! yeas 11, nays 28.
Mr. Allen then moved to amend the amendment, by striking out so much of the substitute as imposed a tax on tea and coffee. This question was decided in the negative; yeas 19, nays 24.
The question was then taken on the substitute of
Amendment after amendment was offered, on which the yeas and nays were called.
The bill was reported to the senate at seven o'clock, and the question was then taken on concurring in the amendments and carried, with the exception of those relating to cotton bagging and reduction on untarred cordage.
Mr. Crittenden hoped the amendment would not be concurred in, and quite an animated debate sprang up, in which Messrs. King, Crittenden, Walker, Cuthbert, and others participated, when the question was taken on concurring in the amendment to cotton bagging by yeas and nays, and decided in the negative: yeas 19, nays 23.
The question was then taken on concurring in the
Mr. Morehead proposed an amendment of four cents
Decided in the negative; yeas 23, nays 23.
cheap labor of foreign countries would be brought into ruinous competition with that of our own; and cheap shoes, cheap clothing, and cheap every thing else, would seriously injure our own artisans, and deprive them of employment. This would be the case he knew in Pennsylvania; and all he would desire for his own state was such duties as would enable the manufacturers to live. He would take this bill, at this moment, in preference to leaving the country in the condition in which it would be left without it, trusting to some other time to amend it to render it more acceptable to the north, east, south and west.
Mr. Merrick replied to the senator from Pennsylvania and said that he would feel justified in voting against this bill, because it was calculated to restore the public lands to the treasury, and defeat the measure to which the party to which he was attached, from the loftiest principles of justice, adhered. His firm opinion was that this bill would not provide the necessary revenue for the support of the government. It would not yield so much by three or four millions as the other revenue act recently passed; for tea and coffee in this were to come in free of duty. In fact, he considered this measure as an extravagant bill of protection, designed to operate, and it would operate, injuriously and unjustly on the agricultural interests of the country.
Mr. Smith, of Connecticut, condemned the bill. as having in view the protection of one great interest at the expense of, and injury to, the other.
Mr. Simmons replied and spoke in defence of the bill. as being necessary to the support of the government and the protection of the great manufacturing, agricultural and other interests of the country.
Mr. Huntington of Con.. answered his colleague (Mr. Smith) and observed that the people of Connecticut demanded protection, and had a right to demand it, to save them from the consequences of the influx into the country of the pauper labor of Europe and other countries; and he expressed the hope that the bill before them would, in a few moments become a law.
Mr. Choate would vote for the bill under a profound conviction that it was all that they could do at "the eleventh hour," or as the sun was going down in the west. He grieved that, in passing a good law for revenue, they defeated a good law for distribution. He had wished to live under the shade and partake of the fruit of both trees; but he felt that, at the same momeut, in planting this, he assisted to pluck up the other by the roots. He replied to the senator from Maryland's objections to the bill, and compared the distribution land fund as a drop of dew divided among a thousand men dying of thirst; and. in conclusion, he urged the passage of the measure, and begged senators, while aiming at the apple [distribution] to remember that it rested on their own own child's head.
Mr. Merrick replied. Mr. Wright declared his intention to vote for the bill, and gave as a reason that this measure would root out the germ of distribution Mr. Woodbury opposed the bill; and in the course of his remarks, alluded to the remarks of the senator from New York. Mr. Wright rejoined.
Mr. Crittenden said that, while he did not desire to see attempted protection as a principal subject of legislation, he was determined, so far as his vote would go, to make the imposition and collection of duties productive of as much encouragement and protection to American labor as was consistent with the character of a revenue measure; and regarding this bill according to this principle, he found no objection to it, although he dared say that it was not as perfect as was desired. The reasons which would induce him to vote for the bill were, first, a deference to the
decision of a whig house of representatives; and, secondiy, the condition of the country. Although he believed they had a bad and mischievous president, he well recollected that he had a good and glorious country; and if one merited his resentment or indignation, the other was entitled to assistance and respect; and this had brought him to a determination to make the sacrifice and support the bill.
Mr. Bagby drew no distinction between direct and incidental protection; they were the same in princi
to the bill.
Mr. Morehead argued that the whigs had made a sacrifice of the land distribution at present for the purpose of saving the country and preserving it from dissolution.
Mr. Calhoun said that, if the whigs had lost the distribution measure, they had gained another in this bill which was more protective and laid duties more unequally than any bill for protection which had ever been passed by this body.
Mr. Woodbridge remarked that, because the bill
The question was then taken on ordering the amend
NAYS-Messrs. Allen, Archer, Bagby, Benton,
The amendments being engrossed, the bill was read
The bill making appropriations for fortifications was then taken up, amended and passed.
The senate then went into executive session and thereafter adjourned.
AUGUST 31. The bill from the house to limit the sale of public stock to par, and to anthorise the issue of treasury notes in lieu thereof to a certain amount was taken np.
Mr. Evans said this bill had been reported without amendment, and he hoped none would be offered.— The bill prohibited the sale of stock under par, and authorised an issue of six millions of treasury notes in the place of the loan. Mr. E. said he had brought himself with great reluctance to vote for this bill.As there had been great difficulty about negotiating the loan the issue of treasury notes appeared the only mode of relieving the the temporary embarrassments of the treasury. There were now outstanding about nine millions, which with the six millions now proposed, would make fifteen millions to be provided for, and he did not doubt that before the next session they should again be called on to make provision for them. The present was a state of embarrassment and difficulty which all deplored and all must lament, but it was the best that could be done uader the present exigency.
Mr. Crittenden expressed his doubts whether the issue of treasury notes would do much to relieve; these easy modes of supplying difficulties might lead Mr. Wright now moved to take up the resolution to still further embarrassments; he thought it would passed by the house, fixing the day for the adjourn-be better to take away the restraint imposed on the clause leading to the loan.
The senate, however, adjourned without disposing of the resolution, there being 23 in favor of the adjournment, and 22 against it.
AUGUST 29. Many private bills were favorably acted on.
The committee of conference on the bill relating to the sale of lottery tickets in the District of CoJumbia, made their report. The effect of which is, that the law is not to interfere with pre-existing contracts, and no tickets to be sold within the District of lotteries drawn out of the District. The report was concurred in by the senate.
The bill to provide for the repeal of the proviso of
YEAS-Messrs. Archer, Barrow, Bayard, Choate,
NAYS-Messrs. Allen, Bagby, Benton, Buchanan,
Mr. Woodbury argued in favor of issuing treasury notes as the least embarrassing to the treasury, and as the most economical as well as favorable mode of raising money.
The debete on this motion was further continued, Preston, and others, the vote was taken on ordering and after some further remarks by Messrs. Crittenden, the bill to a third reading, and decided in the affirma
tive as follows:
Choate, Conrad, Cuthbert, Evans, Fulton. King, Linn,
Peelps, Porter, Rives, Sevier, Smith, of Ind. Tall-
den, Mangum, Preston, White, Woodbridge-8. NAYS-Messrs. Allen, Benton, Clayton, Critten
the bill for ine relief the Baron de Kalb taken into
For the reorganization of the navy of the U. States.
some time after, the body adjourned sine die.
ple. This bill was protective in its character, and there was no more power or authority in the constitution to protect one branch of industry than another. This was the chief ground of his opposition The vote on recommitting the bill to regulate the Mr. Williams replied to a remark of the senator taking of testimony in cases of contested elections from Alabama-viz. "that the people of New England were patriotic, industrious, and frugal, but there was one thing for which he detested them, and that was, their covetousness"-and he (Mr. W.) said that if the senator from Alabama would do himself the the public lands, and desired to record his vote since was laid upon the table. Objections were
pleasure to visit New England he would change his opinion of that portion of the population of the Union. Mr. Bagby inquired what part?
Mr. Williams replied any part. Go into their shops, stores fields. and there he would find a hardy, industrious happy. prudent, and virtuous people, and not that sordid and grasping population which the senator imagined.
Mr. Bagby repeated what he had said.
Mr. Williams observed that the senator entertained that opinion because he had not visited New England and become acquainted with the people; and in conclusion, he declared that this was a bill which he could not approve of, but he would throw no opposition in the way of its passage, and would withhold his vote; but if his vote should become necessary for its passage, however reluctantly, he would give it in the affirmative.
was reconsidered, and the bill was ordered to a third
reading and finally passed: Yeas 26, nays 19.
Mr. Merrick stated that he was out when the vote
taken on the bill relating to the distribution
in favor of the same.
Objections having been made by Mr. Wright and Mr. Benton, Mr. Merrick waived the matter, having made an expression of opinion in relation to the same. Mr. Wright called up the resolution fixing the time of adjournment.
Mr. Archer desired that they might wait an hour
Mr. Tallmadge moved to fix the time at 12 noon, on
Mr. King suggested the best course would be to fix
The senate then went into executive business, ahd at a late hour adjourned.
Mr. White concurred in the views expressed by the senator from Kentucky, (Mr. Crittenden,) and therefore it was unnecessary for him to repeat them. Mr. Sevier sympathized with his friends on the whig side who were brought up reluctantly to vote for this bill, which was the last of the assets of the AUGUST 30. On motion of Mr. Evans the bill makClay concern the bank, lands, and all, having de-ing appropriations for carrying into effect the treaty parted and been wrested from them. with the Wyandott Indians was taken up.
Mr. Crittenden replied with great spirit. contending that there was no measure proposed by the whigs which had not been carried by them through congress.
Mr. Sevier made some further observations; and he asked what measures had been passed by a majority of congress. Had the bank bill? had the bankrupt bill and the land bill No; not one of them.
HOUSE OF REPRESENTATIVES. THURSDAY, AUG. 25. Mr. Fillmore rose to a privileged motion, having moved a reconsideration of the vote by which the fortification bill some time made. Mr. Fillmore said that the bill was laid upon the table in the fear at the time that no revenue bill could be passed.
Mr. Stuart of Illinois, moved to lay the motion to re-consider on the table. The yeas and nays were called, and the motion was voted down by a vote of 84 to 64. The vote being carried in the affirmative, the bill was then passed by a vote of 91 to 70.
The resolution in reference to Colt's sub-marine machine explosion was called up.
Mr. Adams said he was opposed to the resolution; he did not believe it would do much good, and if it would do all the good that had been contended for, he should be opposed to it. It was a cowardly manner of fighting an enemy. If there was to be war he was in favor of an open, fair war, and not for the application of such means. The joint resolution was adopted, authorising experiments to be made by 110 yeas, 51 nays.
The post route bill was then read a third time and passed.
Mr. Gentry, from the committee on the public lands, proposed to report a bill to repeal the proviso to the 6th section of the act entitled "an act to appropriate the proceeds of the sales of the public lands, and to grant pre-emption rights," approved, September 4, 1841.
The bill was then on motion of Mr. E. so amended as to appropriate $100,000 for expenses of the judi- Objections were made to the reception of the reciary for the United States district courts in the states port, upon the ground that there was not a quorum of and District of Columbia, and on motion of Mr. Pres-members present when the bill was reported. This ton, $6,000 to remunerate the Mexican legation for was debated a long time upon a point of order, and moneys expended on the American prisoners taken got rid of by a motion for the previous question. The at Santa Fe, &c. and then read a third time and yeas and nays were taken upon the motion to receive passed, the report, and the result was 91 to 97.
and no invoice or package whatever
articles are contained; and all i
e it further enacted, That, wherever is used in this act. in reference to be deemed and taken to be twenty each hundred weight being one hurbounds avoirdupois.
e it further enacted. That so long as
er of the house of representatives
Herrick called up his resolution Hent for any detailed statement to be prepared at the treasury e amount of revenue the late Ould have produced, if it had amend by making the cal e treasury instead of the pre at that would defeat the ob
amendment would not be estimate which had already ry department under the or ce the period at which the retary of the treasury had d been suffering by indis knew, the estimates which n based upon a different
resolution would form a iment; it sets aside the introduces the president he supercedes the head down to a subordinate throwing discredit upon formation of the secre
the senator seeks, are e by the first comptrol millions, instead of, as
subject sulphate of barytes to one half cent a pound Evans, THIIIIgO1", MCIL
Mr. Merrick moved to amend the bill by adding an
Mr. Evans expressed a hope that the amendment would not prevail, as it would interfere with our commercial treaties Mr. Merrick denied that such was the fact. Mr. Walker was opposed to the proposition. When the price of grain had risen to a certain amount the duty was already made less than that which he contemplated; and as for tobacco, that being a monopoly any reduction was hopeless. Mr. Evans read a passage from the commercial treaty with England. Mr. Wright would have voted for it, had it not been for the suggestion of the senator from Maine. Mr. Benton thought it not suited for a bill like the present. The question was taken by yeas and nays, and decided in the negative, yeas 6. nays 29.
Mr. Rives felt strong objections to the present bill. It was evident it was a measure prohibitory in its character, and, in his opinion, aimed a deadly blow at the commerce of the country. Instead of something like an adherence to the compromise act, it went beyond the tariff of 1828; and instead of affording revenue, he had seen estimates from the most enlightened and practical men that it would defeat the very object which it proposed to have in view, viz. revenue. He desired to restore the duty to what. it was in 1841, which produced a net revenue of fifteen millions which, with a duty of 20 per cent. on free articles would give revenue sufficient for all the practical purposes of an economical administration of the government. Mr. R. then moved to strike out all after the enacting clause and insert as an amendment, a bill generally similar to that introduced into the house of representatives by Mr. C. J. Ingersoll, (on the 19th inst.)
Mr. Preston moved to amend the amendment by striking out the words until the further legislation of congress." and making the act operative for the space of two years only. Mr. P's amendment was decided in the negative.
Mr. Evans said the amendment of Mr. Rives was a question of revenue or no revenue. Mr. Preston hoped that the amendment would be passed.
Mr. Walker moved to amend the amendment by inserting a tax of three and a half per cent. on all articles of gold and silver ware above the value of $100, and not in the stores of merchants for sale, to take the place of the tax on tea and coffee. Negatived, yeas 11, nays 28.
Mr. Allen then moved to amend the amendment, by striking out so much of the substitute as imposed a tax on tea and coffee. This question was decided in the negative; yeas 19, nays 24.
The question was then taken on the substitute of
Mr. Buchanan opposed the The question was taken and yeas 18, nays 23.
On motion of Mr. Porter amended so as to make unwr duty of 30 per cent.
Mr. Graham then moved to tinuing the proviso suspendir duty should be raised above? Decided in the negative as YEAS-Messrs. Archer, ton, Crittenden, Graham, M Woodbridge-10.
NAYS-Messrs. Allen, Berrien, Buchanan, Calhoun, Cuthbert, Evans, Fulton, I Preston, Rives, Sevier, Sm Ind. Sprague, Sturgeon, Talli Williams, Woodbury, Wrigh
Mr. Clayton submitted an the ten per cent, allowed to distribution law, which was On motion of Mr. King th dage was reduced from five
Mr. Tappan then moved hi cal duties, to the effect, that tions as may admit the flour of the United States, shall be so far as the same shall exc led to some debate. Mr. Mer ment to include unmanufact pan withdrew his amendmen
Amendment after amen which the yeas and nays wer
The bill was reported to the and the question was then ta amendments and carried, wi relating to cotton bagging a cordage.
Mr. Crittenden hoped the be concurred in, and quite ar up, in which Messrs. King, bert, and others participated, taken on concurring in the a ging by yeas and nays, and yeas 19, nays 23.
The question was then ta amendment relating to unta
Mr. Morehead proposed an a square yard on cotton bag of Good Hope, and five cen Mr. Evans suggested a mod the duty on cotton bagging, the bill.
Mr. Walker moved to st four where it subsequently
Decided in the negative; ! Mr. King thought that the tory; and a compromise w cordage was reduced to fo the amendment was adopter