VETO MESSAGES.

WASHINGTON, _June 29, 1842_.

_To the House of Representatives of the United States_:

I return the bill, which originated in the House of Representatives,

entitled "An act to extend for a limited period the present laws for

laying and collecting duties on imports," with the following objections:

It suspends--in other words, abrogates for the time--the provision of

the act of 1833, commonly called the "compromise act." The only ground

on which this departure from the solemn adjustment of a great and

agitating question seems to have been regarded as expedient is the

alleged necessity of establishing by legislative enactments rules and

regulations for assessing the duties to be levied on imports after the

30th June according to the home valuation, and yet the bill expressly

provides that "if before the 1st of August there be no further

legislation upon the subject, the laws for laying and collecting duties

shall be the same as though this act had not been passed." In other

words, that the act of 1833, imperfect as it is considered, shall in

that case continue to be and to be executed under such rules and

regulations as previous statutes had prescribed or had enabled the

executive department to prescribe for that purpose, leaving the supposed

chasm in the revenue laws just as it was before.

I am certainly far from being disposed to deny that additional

legislation upon the subject is very desirable; on the contrary, the

necessity, as well as difficulty, of establishing uniformity in the

appraisements to be made in conformity with the true intention of that

act was brought to the notice of Congress in my message to Congress at

the opening of its present session. But however sensible I may be of

the embarrassments to which the Executive, in the absence of all aid

from the superior wisdom of the Legislature, will be liable in the

enforcement of the existing laws, I have not, with the sincerest wish to

acquiesce in its expressed will, been able to persuade myself that the

exigency of the occasion is so great as to justify me in signing the

bill in question with my present views of its character and effects. The

existing laws, as I am advised, are sufficient to authorize and enable

the collecting officers, under the directions of the Secretary of the

Treasury, to levy the duties imposed by the act of 1833.

That act was passed under peculiar circumstances, to which it is not

necessary that I should do more than barely allude. Whatever maybe,

in theory, its character, I have always regarded it as importing the

highest moral obligation. It has now existed for nine years unchanged in

any essential particular, with as general acquiescence, it is believed,

of the whole country as that country has ever manifested for any of her

wisely established institutions. It has insured to it the repose which

always flows from truly wise and moderate counsels--a repose the more

striking because of the long and angry agitations which preceded it.

This salutary law proclaims in express terms the principle which, while

it led to the abandonment of a scheme of indirect taxation founded on a

false basis and pushed to dangerous excess, justifies any enlargement

of duties that may be called for by the real exigencies of the public

service. It provides "that duties shall be laid for the purpose of

raising such revenue as may be necessary to an economical administration

of the Government." It is therefore in the power of Congress to lay

duties as high as its discretion may dictate for the necessary uses of

the Government without infringing upon the objects of the act of 1833.

I do not doubt that the exigencies of the Government do require an

increase of the tariff of duties above 20 per cent, and I as little

doubt that Congress may, above as well as below that rate, so

discriminate as to give incidental protection to manufacturing industry,

thus to make the burdens which it is compelled to impose upon the people

for the purposes of Government productive of a double benefit. This

most of the reasonable opponents of protective duties seem willing to

concede, and, if we may judge from the manifestations of public opinion

in all quarters, this is all that the manufacturing interests really

require. I am happy in the persuasion that this double object can be

most easily and effectually accomplished at the present juncture without

any departure from the spirit and principle of the statute in question.

The manufacturing classes have now an opportunity which may never occur

again of permanently identifying their interests with those of the whole

country, and making them, in the highest sense of the term, a national

concern. The moment is propitious to the interests of the whole country

in the introduction of harmony among all its parts and all its several

interests. The same rate of imposts, and no more, as will most surely

reestablish the public credit will secure to the manufacturer all the

protection he ought to desire, with every prospect of permanence and

stability which the hearty acquiescence of the whole country on a

reasonable system can hold out to him.

But of this universal acquiescence, and the harmony and confidence and

the many other benefits that will certainly result from it, I regard

the suspension of the law for distributing the proceeds of the sales

of the public lands as an indispensable condition. This measure is, in

my judgment, called for by a large number, if not a great majority, of

the people of the United States; by the state of the public credit and

finances; by the critical posture of our various foreign relations;

and, above all, by that most sacred of all duties--public faith. The

act of September last, which provides for the distribution, couples it

inseparably with the condition that it shall cease--first, in case of

war; second, as soon and so long as the rate of duties shall for any

reason whatever be raised above 20 per cent. Nothing can be more clear,

express, or imperative than this language. It is in vain to allege that

a deficit in the Treasury was known to exist and that means were taken

to supply this deficit by loan when the act was passed. It is true that

a loan was authorized at the same session during which the distribution

law was passed, but the most sanguine of the friends of the two measures

entertained no doubt but that the loan would be eagerly sought after and

taken up by capitalists and speedily reimbursed by a country destined,

as they hoped, soon to enjoy an overflowing prosperity. The very terms

of the loan, making it redeemable _in three years_, demonstrate this

beyond all cavil. Who at the time foresaw or imagined the possibility of

the present real state of things, when a nation that has paid off her

whole debt since the last peace, while all the other great powers have

been increasing theirs, and whose resources, already so great, are yet

but in the infancy of their development, should be compelled to haggle

in the money market for a paltry sum not equal to one year's revenue

upon her economical system? If the distribution law is to be

indefinitely suspended, according not only to its own terms, but by

universal consent, in the case of war, wherein are the actual exigencies

of the country or the moral obligation to provide for them less under

present circumstances than they could be were we actually involved in

war? It appears to me to be the indispensable duty of all concerned in

the administration of public affairs to see that a state of things so

humiliating and so perilous should not last a moment longer than is

absolutely unavoidable. Much less excusable should we be in parting

with any portion of our available means, at least until the demands

of the Treasury are fully supplied. But besides the urgency of such

considerations, the fact is undeniable that the distribution act could

not have become a law without the guaranty in the proviso of the act

itself.

This connection, thus meant to be inseparable, is severed by the bill

presented to me. The bill violates the principle of the acts of 1833 and

September, 1841, by suspending the first and rendering for a time the

last inoperative. Duties above 20 per cent are proposed to be levied,

and yet the _proviso_ in the distribution act is disregarded. The

proceeds of the sales are to be distributed on the 1st of August, so

that, while the duties proposed to be enacted exceed 20 per cent, no

suspension of the distribution to the States is permitted to take place.

To abandon the principle for a month is to open the way for its total

abandonment. If such is not meant, why postpone at all? Why not let the

distribution take place on the 1st of July if the law so directs (which,

however, is regarded as questionable)? But why not have limited the

provision to that effect? Is it for the accommodation of the Treasury?

I see no reason to believe that the Treasury will be in better condition

to meet the payment on the 1st of August than on the 1st of July.

The bill assumes that a distribution of the proceeds of the public

lands is, by existing laws, to be made on the 1st day of July, 1842,

notwithstanding there has been an imposition of duties on imports

exceeding 20 per cent up to that day, and directs it to be made on the

1st of August next. It seems to me very clear that this conclusion is

equally erroneous and dangerous, as it would divert from the Treasury a

fund sacredly pledged for the general purposes of the Government in the

event of a rate of duty above 20 per cent being found necessary for an

economical administration of the Government.

The bill under consideration is designed only as a temporary measure;

and thus a temporary measure, passed merely for the convenience of

Congress, is made to affect the vital principle of an important act.

If the proviso of the act of September, 1841, can be suspended for the

whole period of a temporary law, why not for the whole period of a

permanent law? In fact, a doubt may be well entertained, according to

strict legal rules, whether the condition, having been thus expressly

suspended by this bill and rendered inapplicable to a case where it

would otherwise have clearly applied, will not be considered as ever

after satisfied and gone. Without expressing any decided opinion on this

point, I see enough in it to justify me in adhering to the law as it

stands in preference to subjecting a condition so vitally affecting the

peace of the country, and so solemnly enacted at a momentous crisis, and

so steadfastly adhered to ever since, and so replete, if adhered to,

with good to every interest of the country, to doubtful or captious

interpretation.

In discharging the high duties thus imposed on me by the Constitution I

repeat to the House my entire willingness to cooperate in all financial

measures, constitutional and proper, which in its wisdom it may judge

necessary and proper to reestablish the credit of the Government.

I believe that the proceeds of the sales of the public lands being

restored to the Treasury--or, more properly speaking, the proviso of

the act of September, 1841, being permitted to remain in full force--a

tariff of duties may easily be adjusted, which, while it will yield a

revenue sufficient to maintain the Government in vigor by restoring its

credit, will afford ample protection and infuse a new life into all our

manufacturing establishments. The condition of the country calls for

such legislation, and it will afford me the most sincere pleasure to

cooperate in it.

A Compilation of the Messages and Papers of the Presidents. Volume 4, part 2: John Tyler · 第 170 / 403 题