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TUB COURIER.
HY J. G. >rWHORTER.
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HSPORT ON THE FINAN
CES.
In obedience to ibe directions of ihe
** Act suplcnientary to the Act to estab
lish the Treasury Department,” the Sec
retary of the Tieasury respectfully sub
orns the fallowing report:
1 Os the Public Revenue and Expen
ditures.
The Receipts into the Treasury, from all sources, during
the year 183 , were $24,844,116 51
The Expenditures for the same year inclu
ding payments on accouut of the public
debt, weys 24,585,281 55
ThP hal->nee in the Treasury on the Ul of
January, 1831, was 6.014,539 75
The Receipts from all sources, during the
year 1831, were #8,526,830 82
Viz; Customs, $24,224,441 77
Lanes, 3,210,815 48
Dividends on Bank Stock, 490,000 00
laeidputal Reoeipls, 152,314 04
first and second instalment
under the Convention with
Damns, k. 449,249 53
Making, with the balance, an aggregate of $31,541,360 57
The I xpenditure* for the same year, were 90,038,446 12
Viz: Civil List, Fore go In
tercourse and Miscellane
ous, $ 3,064,646 10
Military Service, including
fortifications. ordnance,
Indian afiai a, pensiens,
arming the militia, and in
ternal improvem nts, 6,943,23$ 73
Naval Sr rvice, includiuc the
gradual improvement of
the Navy, 3.856,183 67
Public Debt, 16,174.378 22
Leaving a balance in the Treasury ou the
la Ja .ua y, 1832, of $4,502,914-45
The Receiots iu o the Trea
sury, during the firat three
quarters of t:ie present
year, are estimated at $23,918,659 51
Via, Cus
toms, $21,730,717 99 ,
Land'. 1,610,130 18
Bank Divi
dends, 490,000 00
Incidental
Receipts, 67,811 34
The receipts for the fourth
quarter, including the 3d
instalment of the Danish
Indemnity, are estiia’d at $7 834,000 00
Making the total a timated receipts of the
year, $31,752,659 51
And with the balance on (ha Ist of Jan'ry.
1832, forming ar agg egote of $3 ,355,573 96
Ti e expenditures for tiie
first three quarters of the
preseut year, are e-Uuiat
ed at $23,868,091 81
Viz. Cii il List,
Foreign inter
course & Mis
cellaneous, $ ,',663,955 42
Military Ser
vice,including
Foriificatiuus,
Orduanci, In
dian Affairs,
Pensions,Arm
ing the Militia,
and Internal
Impro ern’ts 5,855,280 58
Naval Seivico,
including tiia
gradual im
provement of
the Na y. 3,213,597 98
Public Debt, 11,335,857 89
Tha expenditure* for tba
four iii quarter, includug
$6,744,199 57 on accouut of
the publ c debt, are e.-timat
ed ou (lata furni lied by the
respective departments, at 10,74-,774 29
Making the total eftim ted expenditures
of the year 34 611,466 0*
And leaving in the Treasury on the Ist of
January, an estimated balance, including
the Danish indemnity, of 1,644,107 93
This balance, however, im lodes the
funds es imated at $1,400 000, heretofore
reported by this Department, as not ei
fective.
The appropriations remaining unsatis
fied, at the close of the year, me estimated
at $6,303,421 25; but, of this amount, it
is estimated by 'ho proper Departments—
1. That the sum of $5,475,202 26 only
will be required for the objects lot which
they were appropiiated
2. That the sum of $652 198 27 will
nut be required, and may, therefore, be
considered as an excess of appropriation,
and is proposed to be applied, without be
ing appropriated, iu aid of the service of
the year 1833 as will more fully appear
when the estimates of the appropriations
ft.t that year are presented.
3. I hat the stun of $181,020 82 will
be carried to the surplus fund, either be
cause the objects for which it was appro
pria'ed are completed, or because these
inooevs will not be required for, or can
no longer be applied to hem.
II Os the Public Debt.
The disbursement:* on account
of the public debt during the
year 1832, will ttiiiouiit, as has
been already skowu, h $18,080,057 40
Ot which there
will have been
applied to the
payment of
principal $17,302 410 82
And to ioterest, 777 640 t>4
Os thissom, all over the annual appro
priation ot ton millions of dollars will have
been applied, with ihe President’s sane
ti in. under the discretionary authority
granted by the of the 24th of April,
1830.
The stocks which will have been re
deemed, by the application of this sunt,
during the ve.ir, are ns follows:
The residue of the four and a
hxlf yer ct stock issued un
rt.'i the act ot the 24ih of Vlay, v
1824. being lb** Inst of the
i< t k issued for lh< purchase
oi Florida, $1,739 524 01
’ll'.- * hole of (he three per cent ,
stock issued under the uci of
the 4th of August, 1790 being
the <*.»! of tne funded debt of '
• o .-v ution, 13,296,705 70
lmtf us the exchanged four
->>3 a half per cl stock, issued
"■ ervri.e act of the 26ih of
Way, 1824, * 8P37.363 97
Anti ihe whole of the exchanged
five per ct. stock, issued un
der the net of the 20th of
April, 1822, 68,704 77
Which two Inst mentioned stocks art
pans us the debt arising out of the Idle
war.
Also certain portions of the old
registered debt, which have
been presented for payment,
being; part of the unfunded
debt of the revolution, 237 84
The whole of the public debt, which,
by the terms of the several loans, the Unt
ied States have a right to redeem up to
the Ist el January neit, will have been
paid off; making the entire sum of about
fifty eight millions of dollars, applied to
the debt since ihe 4th of March, 1829.
Ou the Ist of Jan’ry. next, the public debt .
will be reduced to $7,001,696 $3
1. The funded debt amounts
to $6,962,660 #8
Consisting of
the five pr-cts.
issued under
the act of the
3rd of March,
1821, and re
deemable af
ter the Ist Jan.
1835, $4,735,296 30
And the resid
ue of the ex
changed four
aud a half per
cents issued
under the act
of the 20tii of
May, 1824, &
redeemable af
ter the 31st of
Dee. 1833, 2,227,361 9$
2d. The unfuud.d debt am
ounting to 89,038 55
Consisting of
the registered
debt, being
claims regist
ered prior to
the your 1798,
for services St
supplies dur
ing the Revo
lutionary war, 27,602 46
Treasury notes,
issued during ■ -
the late war, 7,116 00
And Mississippi
Slock, 4,320 00
These three lasi sums, composing the
unfunded debt, are payable op the pre
seu.ation of ibe certificates.
Afier (he Ist Juouary next, popart of
the public debt, except ihe remaining
fragments of the unfunded debt,, pr
winch only small perilous are occasional
ly presented, will he redeemable before
the following year; and 1 , though there will
be in the -Tteusury during, the yepr
ample means to discharge the whole debt
ihey can be applied only to the purchase
of stock at the market price, l,t is now
manifest that if the Bank shares had been
sold, aud the proceeds applied to this ob
ject, ihe entire debt might, id this, man
ner, have been pstingui»hed withiu .the
preseat year. But, it is peverlbeless
pleasing to reflect that after the present
year il may be considered as only nomin
al debt; as ibe Bank shares, which have
been actually paid for within the last 4
yeais by the redethplion of die stock
subscribed for them, are greater in value
than ihe whole amount of that debit and
the debt itself ceases to be a burthen, in
asmuch as ihe dividends derived from The
Bank shares, yield more to ihe Treasury
ihad will be required to pay the interest
The debt may, therefore, be considered
as substantially extinguished after tire l*’.
Jau uext: which is earlier than was looker*
so/ under the most prosperous and ecom
inical administration oif our a&tiis tha
coaid have been anticipated, it will, ne
veitheless, be gratifying <<» the ualiouu
pride that every thing having . even iht
appearance ofdebt should.cease; and mea
sures will therefore he adopted to iovin
ihe early, presentation of all ihe outstand
ing stocks, that they may be paid off as
fast as the means are received, and 'lie
evidences of the pubftc debt finally can
celled. Ii will be a proud day for tho
American people, when, to all these hou
Table characieisticis which have rendeivd
their career so memorable among nations
they shall add the rare Happiness of be
ing a nation without debt.
111. Os the Estimates of the Public
Revenue and Expenditures jor the ytar
1833.
The statement already presented show
that the receipts from customs during the
present year, wil< exceed the estimate
submitted at the last session of Congress.
—lt is true that duties to a considerable
amount received in his year, will hereaf
ter be returned under the 18th section
of the Act of llte l4lh of July last for al
tering the duties en imposts. But, as
those duties are not to bo returned until
after the 3d of march next, and as in the
meantime they will be available means
in the Treasury, they will fro so treated,
and the probable amount of them will be
deducted from the estimated amount ot
the duties receivable iu 1833.
Notwithstanding the unusually large im
portations in 1831, those of 1832 have
also been large—being estimated for the
year ending on the 80 h of September
last at SIOO 652,677 iu valuer. The ex
ports have somewhat exceeded those du
ring the same period in 1831 —being es
timated at $87,037,943 iu value; of which
$63,074,815 were of domestic, aud $23-
963 128 of foreign articles. These to
sul s are not only satisfactory iu reference
to their connexion with the finances, but
as indicating a prosperous' condition of
commerce.
The duties which accrued during the
Ist three quarters of the present year, are
estimated at $24,505,000. And those
for the 4.h quarter at 4,891,000. Tho* the
proceeds of these duties will form a con
siderable portion of the receipts into the
Treasury from customs.during the year
1833, yr*l it is to be observed, that as (he
terms of credit will be much shortened on
importations subsequent to the 3d March
•*«*», » greater portion of the duties ac
cruing within the year will be received in
that year thau heretofore. At the same
time, the bunds given on previous impor
tations, at the present terms of credit,* ill
continue to fall due as before: and 'he
combined operation of these two causes
will increase the proportion which the
actual receipts within die year will bear
to.the accruing duties, relatively bah to
past and to future years.
I From dat-t it> nof the Depart.
oieui,.ii rsesumaied that the duties which
will be returned out of ihe revenue of
1833, aud the 3d of March next, «p«d
Merchandize deposited’ under the 18'h
section of the act of the 14 h of July last,
may be estimated at $2,500,000. Thu’
diese data are necessarily in a great de
gree conjectural, they are sufficient for
he present purpose in ihe present esti
mate. Ii is proper in be remarked, how
evei, that if a broader operation be given
by Congress to the provisions of ihat
section than it has received at the De
parlmknt, the amount will be proportion
«bly increased.
A considerable reduction, estimated at
not less than two hundred and fifty thou
sand dollais, from the amount receivable
from custom# in the preseut year, has re
sulted from the refunding duties hereto"
f-re collected*.and peihaps an equal a
mount from the cancelling of bonds, fall
ing due on rail-road iron, agreeably to
the act of ihe last session. But as this
has consisted in part of the drawback on
duties taken in previous years, the a
niouai forms on criterion for the future.
It has been shewn that the actual re
ceipts from public lands during the pre
sent year will fall much short of ihe es
timate 'd at the b»si The
sales were nece&.' , » •? fiffecied by ihe eje
leusive measures adopted iothe Western
.aud North*. WqMftrn codiiinMO expel the
Tecqjot Indian incursions. Owing ajso to
he want.of the. rp’urns of surveys and
plats, which the Surveyors Qeneral found
themselves unable to supply, lauds ex
pected lo have been sold uere not bro’t
into market. It. ij. believed,Jty.wever,
that the receipts from this source will be
somewhat larger next year.
According.to>the best judgment the Depart
inent is able lo form on the subject, the receipts
into the„Treasury from..all source*, during the
year 1833, mny t»e estimated at ’524,000,000 00
viz: v
.Customs, - $21,000,000
Public bands, 2,500,000
Bank Dividends and
im idcntal Hi mis
cellaneous reep’ts
of all other kinds, 6Q0.0Q0
F for
the year 1833, for
all objects, otb«c
the. reimbursement
of he Public Debt < * >
.. me estimated at 17 638,577 So
vis.: .
Civil, foreign inter
.course, and mis- ...
cellaueous, 3,045,301 70
Military service, in
cluding ion.fi a-,
lions, oKhirti.ee,
Indian dtTaiis,
pensions, arming
the militia, and
internal improve
meats, 0.878,790 00
Revolutionary pen
sions, under the
act of tlie 7th,o.f
June, 1832, inclu
ding arrearages
from the 4|tr of ,
March, 1831, in
casesin Wbich *
payment has nut-,.. ■ t"'•
beeo. made, 4,000 000 00
Naval .service,, 3,377 449 38
interest on the Pub
tic Debt, 336 996 1^
During the year 18-33 ~.;5
however, the mon
eys which have t.eeu
received in the
Tieas'y from Den
mark, within tlie
two last and pres
ent years, for the
payment of indem
nities due to Ame
rican citizens un
der the .Conven
tion, will,he pay.a- :■ -tv
ble, estimated at... 694,000
>Vliich, added to the
expenditures, will,
mak the aggrer
gate charge upon
the Treasury, for
the year, exclusive
of reimbursement <■ . <
-of the Public Debt, 18,332,577 63
In tlie yeai 1833, the first, instalment
payable under the (Jpn«e,nlion with
France, for iodemni.ies le American ci*i
zons, will also be received into the Trea
sury, ifro.iigh it will form no part of the
disposable means.
Taking <ti> average of the importations
for the last six years as a probable crite
rion of the ordinary importations lorsrne
years to come, the revenue from customs,
at the rates of duty payable alter the 3d
Match next, may bu estjma.ed at eight
een millions annually. The politic lauds,
bank dividends, and other incidental re
ceipts, may be estimated at thiee millions
—making an aggregate revenue of about
twenty-one millions a year. In the las'
annual report of the state of the finances,
the probable expenses for all objects, oth
er than the public debt, were estimated at
fifteen millions. This is still believed to
be a fair estimate; tfud if so, there will
be an annual surplus of six nntlious of
dollars. t ,
Still firmly, convinced of fre trqi,h of
the reasons then presented for a reduc*
ti<>Q of the revenue to the wants -of the
government. I am again urged by a sense
of dut* to suggest that a further reduction
of six millions *>f dollars be made, to take
effect after the year 1833. W liedier that
shall consist altogether of a diurunition of
the duties on imposts, or partly of a relin
quishment of the public lands as a source
of revenue, as then suggested, it will be
for the wisdom of Congress to determine.
Without adverting iu unnecessary de
tails, to the considerations iu favor of les
sening the existtug duties, which 1 had
the honor to present, as well in the last
annual report, as in that called for by spe
cial reselutions of the House of Repre
sentatives, I deem it proper to observe,
that in my own mind, these consideialines
have lost none of their force, but have
derived new weight from subsequent re
flection.
The purity and simplici y of the insti
tutions under which it has pleased Provi
dence to make us a great and prosperous
nation; the few objects—and thoseV>f a
general which the powers of
'he Federal Government can be appro
priately anplied ; and the great diversity
«f interests, which from their local and
geographical position, prevail in the asv
era! State# composing the Union, imperi
ously require that the amount of the pub
lic expenditure should be regulated by a
prudent economy, and that no greater a
mount of revenue should be collected
front the people than may be tiecessary
for such a scale of expenditure.
The main purpose us taxaiion by the
General Government, according to ihe
spirit of the Constitution, undoubtedly is
to pay the debts aud to provide for the
common defouce and general welfare of
the Union, by the means confided to Con
gress. 1 1 is freely admitted that this pow
er may and ought to be directly exerted
10 counteract foreign legislation injurious
to our own industrv, more especially (hose
branches ** necessary to preserve within
ourselves ihe means of natioual defence
and independence/’ And, although (he
exercise of the power in either case must
necessarily depend upon the cause which
may call it forth, the powers of taxaiion
imposing Urge and permanent burthens
for ihe encouragement of particular class
es cannot be exercised,—aud by slender
majorities,—consistently with a proper
regard to the equal rights of all: and it is
uot to bn concealed that a permanent sys
tem of high protecting duties directly
tends to build up favored classes, ulti
mately prejudicial lu the safety us the
Slate.
Deeply impressed with these reflec--
lions, which are no«k rendejed mure ur*f
gent, by the reduced and limited demands
of the public service, 1. had the honor, at
f lie last, session.of .Congress, lo recu(n
mend a reduction **!the dimes iq ibe rev
enue standard. The force of these apd
fiuiiUr considerations,, ntid c q.f that recoin f
Riendatioa, may be .supposed lo have re-,
ceivcd, at (hai time, the sanction of Con
gress, and to have formed a motive of the
?c( of the 14th of July lasi ; notwithstand
ing it was not then deeitiyd practicable
fully to adopt the lecoriiniendatiou of the
Department. By that act, however, be
side* the positive reduction both iu ihe
rate and in the . amount of duty, the ex
pediency of adapting me revenue to the.
expenditure, and ol equalizing the public'
burthens, was, tu a great extent, acknowl
edged, and ihe oppressive system of the
iqinimums was, for the must part, abolish
ed. By (hat act, also those articles prin
cipally jiecessary for tp& maintenance,
and clothing of ihe laborers of the South
and South-west, were to a certain degree
relieved; both by its direct enact
ments, and as incident to its main scope,
11 encouraged an increased coiisnmisii.iyq of
>ucli articles depended for the.u fabri ,
cation upon ihtkraw materials aud pro
ductions of ihe South. To extend aud
impiove the demand fui those productions,
by substitution, as far as piaclicabie iu
grppral use, cotton (hose made
of muenais from other cuuoires, was not
an unimportant object of the bill pteseu
red from this Department.
In the reduction then recommended,
the necessity of adapting the proposed
changes to the sateiy of existing establish
me nisi raided up quder the auspices of
past iegis'atiou, and deeply involving the
interest of laige portions of the Union,
was distiiicly recognized; and it is still
deemed io be pot less imperious, in the
further changes which may be considered
expedient. . Such necessity, however,
arises ra.her from a just aud prudent re
gard to ihe rights and interests of ihe
.whole community, than from any absolute
pledge of the uatiuua-l faiih uncontrolled
by circumstances. —The principles of our
republics niustitutions di-counlenance any
system of legislation not in the natme of
i. compact, independent of the popular
will, tending to defeat the action of the
constituent upon the representative,, and
exclude the operation: ,of changes iu the
condition of. public affairs, .or in public
opinion, upon the national counsils. In
this, as, in all other instancus the causes
which call for the legislative action must
determine its duration : and that legisla
tion,especially, which confers fav<;rs upon
particular classes, has no othei claim to
permanence than its tendency to advance
the interest# and 1 prosperity of the whole,
i, To.aid America in every
branch of labor, aud, by seasonable en
couragement, to foster and preserve with
in ourselves the means of natioual defence
and ii)depopdon.ee» to the protective
system jb the infancy of (he government,
TANARUS" counteract the policy and rivalry of
foreign naiious, and to prevent thoir pre
judicial influence upon American industry
to indeinjiify the latter against the superi
or skill and capital and cheapness of la
bor older a>.d more experienced countries
and to succour America capital which-the
events of the last war had devoted.(p man
ufacyring employments, recommended
an occasional extension of that poliry,
which has been liberally enjoyed bv ibe
manufacturing classes,since the act of the
4ilt of July, 1789. In the course of that
nme, however, t,he capital and , resources
of the country have augmented in a ratio
beyond the expectation* and hopes of the
most sanguine. American enierprize and
ingenuity are, every where, proverbially
the objects of admiration, and iu many
bujpehes maintain, without extraordinary
aid a successful competition with those
ui other nations. By the abundance of
provisions iu tne United States, and the
surprising increase of population, the
wide spread facilities oi water power, the
improvements as well in personal skill
as in tuuchiiieiy of ail kinds, and >he gen*
oral advancement and diffusion of all the
lights of arts and science ; and the reduc
tion of duty both on (he raw material &
other articles of consumption, the cost of
labor and production have urn only been
lessened, but in a great measure equalized
and, iu (his view of the subject, it is not
perceived that there can now exist the
same necessity for high protecting duties
as that which was consulted in our past
legislation. To perpetuate a system of
eucouragemeut, growing out of a differ*
eat state of things, would be to confer
advahtages upop the manufacturing which
are not enjoyed bv any other branch of
of labor iu ihe United States, and’to con
vert the favor and bounty of ibt Cfov*
eminent into permhuent obligation# of
right—acquiring strength in proportion
tutheir continuance.
It will be,conceded that when the
fair rate of profit attendant upon the sa
gacious employments of capital io the
the United Stages, is satisfactorily ascer
tained, it ntay be wise so far to protect
any important branch against the injuri
ous effects of foreign rivalry as may be ne
cessaiy to preserve for it the same rate of
profit as is enjoyed by others. If, howe
ver, by protective legislation, or otherwise
the proprietor of an actual capital shall
be enabled to employ it in manufactures
as advantageously and profitably as in any
other branch of labour, all things con-
sidered, lie could not reasonably demand,
more. The rate of protection which
should enable manufacturing labor, con
ducted upou borrowed capital, to indem
nify the lender, and in addition,to realize
the regular rate of profit,fui itself would not.
merely couler unduo favor upon the man
ufacturer, at the expeuse of every other
employment, but bring the influence of
the capitalist in direct conflict with the
general mass of the people. It might w*
veo be apprehended that by such moans
(here would be an accumulation of pow
er in the hands of particular classes, strong
enough to control the government itself.
If these obsei vaiions are entitled, to res
pect, little d»ubt is entertained that in a
Tariff framed on proper principles* the
reduction of si.s millions now recommen
ded’,. may fur the mo.st part, be made up
on those commonly denominated protec
ted articles, without prejudiceMo the rea
sonable claimsof existing establishments. .
By the act of the 14 h of July last, the
anomaly in. the tariff of the Uiuted.States
by which heavy and builheusome duties'
were imposed upon the raw materials, &.
especially upon ihe articles of wool, was
continued; and the necessity, was thereby
created of retaining upon the manufac
tured article a higher degree of protec
tion than would otherwise have been ne*:
cessary. An adherence to (his anomaly in
stead of eqnalizing the burthens of the peo
ple, augments that of the consumer,by in
creasing'be number of favoured - classes.
Pioper alteultoo io the facility and cheap
ness of producing, and the amount ac
tually produced, the raw material io the
United Sia<es, and an examination of ihe
information collected by. this department
and transmitted to the House ot Repre
sentatives at 'heir last session, will show
that, in the extension of manufactures and
in, lice. augmentation of a sure market,
(he producer of the raw material has Ipng
since beeu in a condition te dispense with
a great purliou of the protection hereto
fore afforded.. By the same information
it will appear, that by relieving tho man
ufacturer from ihe burthen of (he high du
ly upon 'he raw mateiiai, (he existing du
ties may be very niateiially reduced and
gradually removed, consistently with a
just regard to the imeiests which have so
long enjoyed the advantages of the pro
tective system.
By these considerations, and (he proud
and gratifying fa«t that there no Imigm
exists any public debt requiring th.
present amount of revenue after ills ensu
ing year, ihe question is submitted to the
Legislature, whether they will continue
to taise from the people of the Uuited
States, six millions of dollars annually ,be*
y»nd any demand for the public service,
that favors which have been so long en
joyed, and which may soou be dispensed
with, without detiiment to the national
safety or be indefinite
ly continued.
The undersigned is duly sensible that
the decision o.f this question belongs pro
perly to Congress. The duty, however,
enjoined on him by the lawt, to digest and
prepare plans for the improvement and
management of the revenue, and fur the
support of public ciedii, not less than.,the
deep solicitude he feels for the safety of
our common country, have urged him to
piesent it, wiih.his own reflections, for
the consideration of the Legislature. Iu
the decision of this question, tire pr,eseut
crisis in the United States,.pregnant with
with the deepest interest, must have its
weight—and an interest arising not so
much fr«»m an apprehension of .weakness
in the laws, pr of inability to execute them
as from a universal conviction,throughout
a large portiou of the Union, of the ne
cessity of a change, and of the propi iet,
of paying a reasonable deference to that
vpinion. The .harmony and brotherly
affection of the citizeus of different party
of this great Republic, if not the preserva
tion of the Union itself, appeal le the pat
riot and statesmen for the exercise of their
highest qualities, in regulating the bur
i hens ot the people consistently with the
equal rights of all and in rendering the
laws not less free and equal than3he insti
tutions under which they are enacted.
. The occasion invokes the spirit of lib
eral concession and compromise, which
laid the foundation of our inestimable Un
ion ; and, on such an occasion, patriotism
requires that no one interest should exact
more than may be consistent with Ihe wel
fare of the whole.
Such an appeal comes with force to all,
but, in an essential manner, may be made
to ihose who have so long reaped the ad
vantages of those burthens, from which
their brethren throughout the Union, after
having submilled to them, while the pub
lie obligations and the national defence
and independence require it, now ask to
be relieved.
Ifthis appeal do not hud a response in
a wise and patriotic moderation, there will
be no efficacy in the moral force on which
the republican institutions of ibe Union te
pose.
The sleepless solicitude of the Father
of his country, has multiplied lessons ol
patriotic duty, but nooe of greater empha
sis and pertinence in the present crisis,
iban in bis admonition that •* it •• indis
pensable, on all occasions, to unite with a
steady and firm adherence to constitution
al acts of government, the fullest evidence
of a disposition, as far as we may be prac
ticable, to consult the wishes of evert
pari of the community, and to lay the
oondations of the public administration
<ii the affections of he people.”
The operation of the 18th section of
she Act of the 14 h of July Ust, according
to the construction given to it at the Trea
sury, being in some respects different
from that which the merchants concerned
considered important to thoir interests, it
is deemed proper to bring the subject be
fore the attention of Congress, that if
owing to any defect in the law or any er
ror in the construction, the intentions of
the legislature hwve not been carried into
effect, the necessaty remedy may be ap
plied.
By that section the several at tides enu
merated iu ihe Acr, whether imported be
fore or after the passing thereof, were
au horized to be put into the Custom
House Stores, and such as remained under
the control of the proper officer of the
customs on the 3d of March next, were
subjected to no higher dnties than if im
ported after that day; and the duties or
any part thereof which may have' been
paid on such articles were to be refunded
tu the person importing and depositing
the same: A,«d the Secretary of the Trea
sury was authorized to prescribe Such
rule* and regulations as might bn necessa
ry to carry the section into effect.
In executing ihe section, the fullest dis
position was felt to consult the iuteiest
and convenience of the merchants, but it
was perceived that an unlimited construc
tion of its terms was calculated not mere
ly tp conflict with the several members of
the same section, and with other sections
of the Act, but to disturb the financial ar
rangements of the government, and post*
pone the payment of tho public debt.
Iu the last anuual report from llm De
partment, as well as in that prepared by
direction of the H uiso of Reptesentaiivos*
and accompanying the bill which formed
the chief basis of the Act us die 14 h Ju
ly, it was stated that tho existing obliga
tions ul the Government, not less than lire
interests of the community, forbade a re
duction of the present duties earlier th in
tire 3d of March, 1833 ; and by the 2
section of the Act, this recommendation
was distinctly recogn zed aud adopted.
Without some limitation, therefore,
to the retrospective operation of the 18. h
section, the object of the 2d section woultfr
not only have been defeated, nut th" Art
itself would in fact have been rendered
operative in all past time, so far as con
cerned any g iods io the original packages*.
iio matter when impur-ted ; and ihe'wWfirr
ers, wlteihei importers or reiaileis, in
parts of the country, would have had n
right to deposi e diem in the Custom
House stores, aud claim a refunding of this
duties. ,f
B.- one of the provisions of die 18th
section, the audimiiy to refund duteo*
which had been paid on a r tic'es depo iu*d r
is expressly confined to the persons “im
porting and depositing the same”—ihuf
treating, the. importer and depositor a-;
identical. And as it‘is not rgaSuriahlo to
•■oppose that the right to deposit© Was
greater thon tliut to claim a refunding f
the.duties, the words ‘importer or owner’
in other parts of the section wme treu>t'«||
as synonymous. These terms, moreover,
throughout the revenue laws, refer to im
portation, arid urc intended to signify the'
person importing, whether the actual pro--
prietor, the agent or. ’he consignee, f. is
obvious, also, that by this construe:ion the
terms importer or owner not only receive*
their usual revenue me.iuiug, but aie re
conciled to those of importer and deposi
tor which could not be, if the conjunction
weie to receive a disjunctive in’erpreta
tion. It WrtS, therefore, held that go dn
could He depos.ted only by the importer.
As the Act contained no aj p» opriadnir
for diawing money out of the Treasury
for repaying the duties uudioiized to be
refunded, tiro Department was fully war
ranted iu interpreting the 18 h section as
applying to tfiose duties only which may
have been paid to the Collector af er the
passing of the Act, and consequently, in
limiting the tight of dep.>site to the guilds
on which those duties accrued. B it, fi<>m
a desire to .give tho section as liberal a
construction as was consistent with ail the
other objects of the Act, it was allowed
to apply to the whom of any importation
on which any .part of the duties remained
unpaid at the date of the law. And, to
make this construction operate as equally
and favorably among he importers gener
ally, as might be, it was allowed to in
clude those guards also, upon which the
duties had been paid in cash, provided,
■ hat by the toi im of credit allowed by law,
fiesh duties on .any-part of them would
not have been payable until after the date''
of the law. it-is not believed, however, *•
’that any constiaction of the section which 1
will uol admit of the depusite of goodw
when in original packages, whether in the
. hands of the importer or of any other per- -*
sun, aud uo matter when imparted, will -
be satisfactory to the owners of such guods r
as may be imported at a lower rale of
duty after the 3d of March. -But if it be
the intention of Congress so to extend
•be operation of the section, it is respect
fully suggested, that as it will, in ihaC
case necessarily embrace goods upon
which the duties must have be«n account
ed for and paid over to the Treasury, an
appropriation be made for repaying the
amount of such duties out of the Treas
ury.
With a view to obtain teasonable cer
tainty in the financial operations of the
government, and at the suggestion of the
Collectors as to the time necessary for
ihe duties to be performed by them in ex
ecuting the 18ill section,, a regulation was
adopted fixing the time to whioh goods
might be deposited, at the Ist of January
oext. It is, however, the intention of the
Department to extend the time, if it be
found that the duties of the Collectors will
admit ofit-
The alteration in many of the rates of
duty and the repeal of others, which have,
heco effected by <he late Acts of Con
gress, seem to require some corresponding,
modifications of the provisions heretofore
made for ascertaining and securing the du
ties- But, «m these details might be bet*