GROVER CLEVELAND.

EXECUTIVE MANSION, _March 2, 1889_.

_To the Senate_:

I herewith return without approval Senate bill No. 139, entitled "An act

to credit and pay to the several States and Territories and the District

of Columbia all moneys collected under the direct tax levied by the act

of Congress approved August 5, 1861."

The object of this bill is quite clearly indicated in its title. Its

provisions have been much discussed in both branches of Congress and

have received emphatic legislative sanction. I fully appreciate the

interest which it has excited and have by no means failed to recognize

the persuasive presentation made in its favor. I know, too, that the

interposition of Executive disapproval in this case is likely to arouse

irritation and cause complaint and earnest criticism. Since, however, my

judgment will not permit me to assent to the legislation proposed, I can

find no way of turning aside from what appears to be the plain course of

official duty.

On the 5th day of August, 1861, a Federal statute was passed entitled

"An act to provide increased revenue from imports, to pay interest on

the public debt, and for other purposes."

This law was passed at a time when immense sums of money were needed

by the Government for the prosecution of a war for the Union, and the

purpose of the law was to increase in almost every possible way the

Federal revenues. The first seven sections of the statute were devoted

to advancing very largely the rates of duties on imports, and to

supplement this the eighth section provided that a direct tax of

$20,000,000 should be annually laid and that certain amounts therein

specified should be apportioned to the respective States. The remainder

of the law, consisting of fifty sections, contained the most particular

and detailed provisions for the collection of the tax through Federal

machinery.

It was declared, among other things, that the tax should be assessed

and laid on all lands and lots of ground, with their improvements and

dwelling houses; that the annual amount of said taxes should be a lien

upon all lands and real estate of the individuals assessed for the same,

and that in default of payment the said taxes might be collected by

distraint and sale of the goods, chattels, and effects of the delinquent

persons.

This tax was laid in execution of the power conferred upon the General

Government for that purpose by the Constitution. It was an exercise

of the right of the Government to tax its citizens. It dealt with

individuals, and the strong arm of Federal power was stretched out to

exact from those who owed it support and allegiance their just share

of the sum it had decreed should be raised by direct taxation for the

general good. The lien created by this tax was upon the land and real

estate of the "individuals" assessed for the same, and for its

collection the distraint and sale of personal property of the "persons

delinquent" were permitted.

But while the direct relationship and responsibility between the

individuals taxed and the Federal Government were thus created by the

exercise of the highest attribute of sovereignty, it was provided in the

statute that any State or Territory and the District of Columbia might

lawfully "assume, assess, collect, and pay into the Treasury of the

United States" its quota of said tax in its own way and manner and by

and through its own officers, assessors, and collectors; and it was

further provided that such States or Territories as should give notice

of their intention to thus assume and pay or to assess, collect, and pay

into the Treasury of the United States such direct tax, should be

entitled, in lieu of the compensation, pay, per diem, and percentage in

said act prescribed and allowed to assessors, assistant assessors, and

collectors of the United States, to a deduction of 15 per cent of the

quota of direct tax apportioned to such States or Territories and levied

and collected through their officers.

It was also provided by this law and another passed the next year that

certain claims of the States and Territories against the United States

might be applied in payment of such quotas. Whatever may be said as to

the effect of these provisions of the law, it can hardly be claimed that

by virtue thereof or any proceedings under them the apportioned quotas

of this tax became debts against the several States and Territories, or

that they were liable to the General Government therefor in every event,

and as principal debtors bound by an enforceable obligation.

In the forty-sixth section of the law it is provided that in case any

State, Territory, or the District of Columbia, after notice given of its

intention to assume and pay or to levy, collect, and pay said direct tax

apportioned to it, should fail to pay the amount of said direct tax, or

any part thereof, it should be lawful for the Secretary of the Treasury

to appoint United States officers as in the act provided, whose duty it

should be to proceed forthwith to collect all or any part of said direct

tax "the same as though said State, Territory, or District had not given

notice nor assumed to levy, collect, and pay said taxes or any part

thereof."

A majority of the States undertook the collection of their quotas and

accounted for the amount thereof to the General Government by the

payment of money or by setting off claims in their favor against the

tax. Fifteen per cent of the amount of their respective quotas was

retained as the allowance for collection and payment. In the Northern,

or such as were then called the loyal States, nearly the entire quotas

were collected and paid through State agencies. The money necessary for

this purpose was generally collected from the citizens of the States

with their other taxes, and in whatever manner their quotas may have

been canceled, whether by the payment of money or setting off claims

against the Government, it is safe to say, as a general proposition,

that the people of these States have individually been obliged to pay

the assessments made upon them on account of this direct tax and have

intrusted it to their several States to be transmitted to the Federal

Treasury.

In the Southern States, then in insurrection, whatever was actually

realized in money upon this tax was collected directly by Federal

officers without the interposition of State machinery, and a part of its

quota has been credited to each of these States.

The entire amount applied upon this tax, including the 15 per cent for

collection, was credited to the several States and Territories upon the

books of the Treasury, whether collected through their instrumentalities

or by Federal officers.

The sum credited to all the States was $17,359,685.51, which includes

more than $2,000,000 on account of the 15 per cent allowed for

collecting. Of the amount credited only about $2,300.000 is credited to

the insurrectionary States. The amount uncollected of the twenty

millions directed to be raised by this tax was $2,646,314.49, and nearly

this entire sum remained due upon the quotas apportioned to these

States.

In this condition of affairs the bill under consideration directs the

Secretary of the Treasury "to credit to each State and Territory

of the United States and the District of Columbia a sum equal to

all collections, by set-off or otherwise, made from said States and

Territories and the District of Columbia, or from any of the citizens

or inhabitants thereof, or other persons, under the act of Congress

approved August 5, 1861, and the amendatory acts thereto." An

appropriation is also made of such a sum as may be necessary to

reimburse each State, Territory, and the District of Columbia for all

money found due to it under the provisions of the bill, and it is

provided that all money still due to the United States on said direct

tax shall be remitted and relinquished.

The conceded effect of this bill is to take from the money now in the

Treasury the sum of more than $17,000,000, or, if the percentage allowed

is not included, more than $15,000,000, and pay back to the respective

States and Territories the sums they or their citizens paid more than

twenty-five years ago upon a direct tax levied by the Government of the

United States for its defense and safety.

It is my belief that this appropriation of the public funds is not

within the constitutional power of the Congress. Under the limited and

delegated authority conferred by the Constitution upon the General

Government the statement of the purposes for which money may be lawfully

raised by taxation in any form declares also the limit of the objects

for which it may be expended.

All must agree that the direct tax was lawfully and constitutionally

laid and that it was rightfully and correctly collected. It can not be

claimed, therefore, nor is it pretended, that any debt arose against the

Government and in favor of any State or individual by the exaction of

this tax. Surely, then, the appropriation directed by this bill can not

be justified as a payment of a debt of the United States.

The disbursement of this money clearly has no relation to the common

defense. On the contrary, it is the repayment of money raised and long

ago expended by the Government to provide for the common defense.

The expenditure can not properly be advocated on the ground that the

general welfare of the United States is thereby provided for or

promoted. This "general welfare of the United States," as used in the

Constitution, can only justify appropriations for national objects and

for purposes which have to do with the prosperity, the growth, the

honor, or the peace and dignity of the nation.

A sheer, bald gratuity bestowed either upon States or individuals,

based upon no better reason than supports the gift proposed in this

bill, has never been claimed to be a provision for the general welfare.

More than fifty years ago a surplus of public money in the Treasury was

distributed among the States; but the unconstitutionality of such

distribution, considered as a gift of money, appears to have been

conceded, for it was put into the State treasuries under the guise of

a deposit or loan, subject to the demand of the Government.

If it was proposed to raise by assessment upon the people the sum

necessary to refund the money collected upon this direct tax, I am

sure many who are now silent would insist upon the limitations of the

Constitution in opposition to such a scheme. A large surplus in the

Treasury is the parent of many ills, and among them is found a tendency

to an extremely liberal, if not loose, construction of the Constitution.

It also attracts the gaze of States and individuals with a kind of

fascination, and gives rise to plans and pretensions that an uncongested

Treasury never could excite.

But if the constitutional question involved in the consideration of this

bill should be determined in its favor, there are other objections

remaining which prevent my assent to its provisions.

There should be a certainty and stability about the enforcement of

taxation which should teach the citizen that the Government will only

use the power to tax in cases where its necessity and justice are not

doubtful, and which should also discourage the disturbing idea that the

exercise of this power may be revoked by reimbursement of taxes once

collected. Any other theory cheapens and in a measure discredits a

process which more than any other is a manifestation of sovereign

authority.

A government is not only kind, but performs its highest duty when it

restores to the citizen taxes unlawfully collected or which have been

erroneously or oppressively extorted by its agents or officers; but

aside from these incidents, the people should not be familiarized with

the spectacle of their Government repenting the collection of taxes and

restoring them.

The direct tax levied in 1861 is not even suspected of invalidity. There

never was a tax levied which was more needed, and its justice can not be

questioned. Why, then, should it be returned?

The fact that the entire tax was not paid furnishes no reason that would

not apply to nearly every case where taxes are laid. There are always

delinquents, and while the more thorough and complete collection of

taxes is a troublesome problem of government, the failure to solve the

problem has never been held to call for the return of taxes actually

collected.

The deficiency in the collection of this tax is found almost entirely in

the insurrectionary States, while the quotas apportioned to the other

States were, as a general rule, fully paid; and three-fourths or

four-fifths of the money which it is proposed in this bill to return

would be paid into the treasuries of the loyal states. But no valid

reason for such payment is found in the fact that the Government at

first could not, and afterwards, for reasons probably perfectly valid,

did not, enforce collection in the other States.

There were many Federal taxes which were not paid by the people in the

rebellious States; and if the nonpayment by them of this direct tax

entitles the other States to a donation of the share of said taxes paid

by their citizens, why should not the income tax and many other internal

taxes paid entirely by the citizens of loyal States be also paid into

the treasuries of these States? Considerations which recognize sectional

divisions or the loyalty of the different States at the time this tax

was laid should not enter into the discussion of the merits of this

measure.

The loyal States should not be paid the large sums of money promised

them by this bill because they were loyal and other States were not,

nor should the States which rebelled against the Government be paid

the smaller sum promised them because they were in rebellion and thus

prevented the collection of their entire quotas, nor because this

concession to them is necessary to justify the proposed larger gifts

to the other States.

The people of the loyal States paid this direct tax as they bore other

burdens in support of the Government, and I believe the taxpayers

themselves are content. In the light of these considerations I am

opposed to the payment of money from the Federal Treasury to enrich the

treasuries of the States. Their funds should be furnished by their own

citizens, and thus should be fostered the taxpayer's watchfulness of

State expenditures and the taxpayer's jealous insistence upon the strict

accountability of State officials. These elements of purity and strength

in a State are not safely exchanged for the threatened demoralization

and carelessness attending the custody and management of large gifts

from the Federal Treasury.

The baneful effect of a surplus in the Treasury of the General

Government is daily seen and felt. I do not think, however, that this

surplus should be reduced or its contagion spread throughout the States

by methods such as are provided in this bill.

There is still another objection to the bill, arising from what seems to

me its unfairness and unjust discrimination.

In the case of proposed legislation of at least doubtful

constitutionality, and based upon no legal right, the equities which

recommend it should always be definite and clear.

The money appropriated by this bill is to be paid to the governors of

the respective States and Territories in which it was collected, whether

the same was derived through said States and Territories, or directly

"from any of the citizens or inhabitants thereof or other persons;" and

it is further provided that such sums as were collected in payment of

this Federal tax through the instrumentality of the State or Territorial

officials, and accounted for to the General Government by such States

and Territories, are to be paid unconditionally to their governors,

while the same collected in payment of said tax by the United States,

or, in other words, by the Federal machinery created for that purpose,

are to be held in trust by said States or Territories for the benefit of

those paying the same.

I am unable to understand how this discrimination in favor of those who

have made payment of this tax directly to the officers of the Federal

Government, and against those who made such payments through State

or Territorial agencies, can be defended upon fair and equitable

principles. It was the General Government in every case which exacted

this tax from its citizens and people in the different States and

Territories, and to provide for reimbursement to a part of its citizens

by the creation of a trust for their benefit, while the money exacted in

payment of this tax from a far greater number is paid unconditionally

into the State and Territorial treasuries, is an unjust and unfair

proceeding, in which the Government should not be implicated.

It will hardly do to say that the States and Territories who are the

recipients of these large gifts may be trusted to do justice to its

citizens who originally paid the money. This can not be relied upon; nor

should the Government lose sight of the equality of which it boasts,

and, having entered upon the plan of reimbursement, abandon to other

agencies the duty of just distribution, and thus incur the risk of

becoming accessory to actual inequality and injustice.

If in defense of the plan proposed it is claimed that exact equality can

not be reached in the premises, this may be readily conceded. The money

raised by this direct tax was collected and expended twenty-seven years

ago. Nearly a generation has passed away since that time. Even if

distribution should be attempted by the States and Territories, as well

as by the Government, the taxpayers in many cases are neither alive nor

represented, and in many other cases if alive they can not be found.

Fraudulent claims would often outrun honest applications and innumerable

and bitter contests would arise between claimants.

Another difficulty in the way of doing perfect justice in the operation

of this plan of reimbursement is found in the fact that the money to

be appropriated therefor was contributed to the Federal Treasury for

entirely different purposes by a generation many of whom were not born

when the direct tax was levied and paid, who have no relation to said

tax and can not share in its distribution. While they stand by and

see the money they have been obliged to pay into the public Treasury

professedly to meet present necessities expended to reimburse taxation

long ago fairly, legally, and justly collected from others, they can not

fail to see the unfairness of the transaction.

The existence of a surplus in the Treasury is no answer to these

objections. It is still the people's money, and better use can be found

for it than the distribution of it upon the plea of the reimbursement

of ancient taxation. A more desirable plan to reduce and prevent the

recurrence of a large surplus can easily be adopted--one that, instead

of creating injustice and inequality, promotes justice and equality by

leaving in the hands of the people and for their use the money not

needed by the Government "to pay the debts and provide for the common

defense and general welfare of the United States."

The difficulties in the way of making a just reimbursement of this

Direct tax, instead of excusing the imperfections of the bill under

consideration, furnish reasons why the scheme it proposes should not be

entered upon.

I am constrained, upon the considerations herein presented, to withhold

my assent from the bill herewith returned, because I believe it to be

without constitutional warrant, because I am of the opinion that there

exists no adequate reasons either in right or equity for the return of

the tax in said bill mentioned, and because I believe its execution

would cause actual injustice and unfairness.

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