State Of New York et al v. Mnuchin et al

Filing 47

DECLARATION of Owen T. Conroy in Support re: 44 CROSS MOTION for Summary Judgment .. Document filed by State Of Connecticut, State Of New York, State of Maryland, State of New Jersey. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52, # 53 Exhibit 53, # 54 Exhibit 54, # 55 Exhibit 55, # 56 Exhibit 56, # 57 Exhibit 57, # 58 Exhibit 58, # 59 Exhibit 59, # 60 Exhibit 60, # 61 Exhibit 61, # 62 Exhibit 62, # 63 Exhibit 63, # 64 Exhibit 64, # 65 Exhibit 65, # 66 Exhibit 66, # 67 Exhibit 67, # 68 Exhibit 68, # 69 Exhibit 69, # 70 Exhibit 70, # 71 Exhibit 71, # 72 Exhibit 72, # 73 Exhibit 73, # 74 Exhibit 74, # 75 Exhibit 75, # 76 Exhibit 76, # 77 Exhibit 77, # 78 Exhibit 78, # 79 Exhibit 79, # 80 Exhibit 80, # 81 Exhibit 81, # 82 Exhibit 82, # 83 Exhibit 83, # 84 Exhibit 84, # 85 Exhibit 85, # 86 Exhibit 86, # 87 Exhibit 87, # 88 Exhibit 88, # 89 Exhibit 89, # 90 Exhibit 90, # 91 Exhibit 91, # 92 Exhibit 92, # 93 Exhibit 93, # 94 Exhibit 94, # 95 Exhibit 95, # 96 Exhibit 96, # 97 Exhibit 97, # 98 Exhibit 98, # 99 Exhibit 99, # 100 Exhibit 100, # 101 Exhibit 101, # 102 Exhibit 102, # 103 Exhibit 103, # 104 Exhibit 104, # 105 Exhibit 105, # 106 Exhibit 106)(Conroy, Owen)

Exhibit 7

1862.
THE CONGRESSION.A.L GiLOBR·
------·--und tl~ut no member will shrink from tempted to ·rnise the largest sums from articles of · During.,tbe
imous vote;
h is shnre of the responsibility. But while such· luxury, !ind froni-·the hirgc profits of wealthy
is the p:Hrioticspil"ilOf lhis body, I cannot be blirid men. But even on the!e nrticlea t he tax is light
to the use which will herenftcr be made of it by compared with tho.t of other countries, T oke
small politicians. I wi ll therefore say a few worcls spirlls ns n sample. Y ou mny call it a luxury or
i n its defense.
a nuisance, ns lwst Rltit.~ your toste. T he excise
The first question which will suggest itself to in England is $2 50 per gallon; her e, fifteen cents.
every citizen will be, wasitnece$sar}'? F o r, ifun· T obacco stands in tbe same list. Even now,
necessar y, it is wholly indefensible. I will assume when E nglund has reduced her tariff, lier duty .cm
tln,tcvcry loyul mail nllmits the necessity of every- the raw m a tcl'iul is seventy-two cents per pound;
t hini$ requ ired to extinguish this w icked rebellion. on mnnufncturcd, or cigars, $216; on snuff, SI 44;
T o <lo that, requires 1trmics and navies. T o su11- on stems and scraps, sevemy-two cen is. l n this
tnin~hcm mone y is absolutely necc11sary ; for the bill , the raw m:llcrilll is fr~e; manufactured, te n
soldie rs o f the R epublic must not go unpaid, what· ccnls p er pound; cigars, ten cents; smoking, five
ever it may cos t the civilian. M oney can be hud cents; sno111ff, eight cents ; scraps, nothing . Where
only through loa ns ; but loans c1rnnot b~ h ail un· · we have laid n tnx on the domestic article, the
less, at the same time, menus be provided for committee have ndopt.,d tloc principle of 111ying
payi ng punctually the interest. This nation must compensatory duties on the foreign article when
ne\'er repudiate her debts. Th i~ brings us to the imported . T his we deem necessary to retai11 the
direct question , how much must be annual! y raised home m a rkct , nnd not to discrimi nnte against our
to pay such interest? If the war w ere to end now own industry.·
or w11hin sixty duys, we could tell very nearly.
The i1tcomc U\X hnR been fonod verydifjicult to
I suppose our debt on the l st. day of July next 11tljust sons to cscupc double mxotio n. But the
will 1 be leas t han $800,000,000. When, some committee thought tt would be muni (cstly unjust
.101
time since, I ln1d occnsi on to address the H ouse to !lllow t he lingo money operators and wealthy
on the Treasury n ote bill , I 11tatt"cl om· daily ex- me1·chants, whoso incomes might reach hundreds
penscs at $2,000,000. T hey arc now, and have of thousands of dollnrs, t o escape fro m their due
been for some t ime past, over 3,000,000 a day. proportion of the burden . T hey hope t hey have
It is plain, therefore, that the su m I hnvc stated succeeclcd in excluding from this lllx the Rrticles
will be rather below than nbove our indebtedness and subjects of guin nnd p rofit which arc taxed in
at the cntl of thia fiscal y ear. The in terest, at
nnother form.
7.30, will requi re ubout sixty millions of dollars
The committee h ove been greatly embarrassed
annually. H o w much this will be incrensetl by by lhe Cunnd inn reciprocity tren1y. They have
t he necessary sncrilice of ou1· bonds, o wi ng to the l>cc11 obliged to omit mnny nr1iclcs which, with a
unfortunnto specie cluuse in our 1'rcnsu1·y note light tnx , would hnve proJuwJ •l !urge revenue.
bill , il is hurd to conjecture. The ordinary pcaco This is but one of mnny illustrati ons o.f the evil
exr><mscs of G overnme11t will not be less thnn •of commercial treaties, w hich arc in direct viola·
$70,000,000+SG0,000,000; these together will be ltinn of t he letter nnd ~pirit of the Constitution.
$130,000,000, i11de pondcnt of the increase in our · The trcaty· rnalcing power hOR no more right to
p ensio n list. My learned co lleague from V ermont rr~u latc comnwrcc than it has t o declo1·c wurnnd
estimntcs the reven ue from this bill nnd from cus- misc nnnjcs n11J navies.
t oms M $1G3,000,000. 'Ne h av\l been so lit tle
J have no fear tha t the loyal people of the free
aceustomccl to 11tllion11l taxation, that o ur sl8tistics State:; will complain of any burdens which may
and means of nsccrtai uin;; the 1u;tnal product of be necessary to vintli.;atc the t\l!lhority of the
this bill ore very scanty. Any cstimntcs must Union , and cRtul>lish on a firm bnsisthc principle
necessarily bo very imper fect . . Much w~ll depend of self-govcrnmc111 und t he inalicnnl>lc r ights of
on the amount of t re.d.e anc.I the prnspcr1 ty of do- mnn . So long ne this money is hollest ly nnd eco·
m est ic iuclust1·r·
nomicully expe nded, they will not 1·opi11c. Whilo
I um fcurfu th11t nny collenguc has over·esti· the rich 1tnd tho tl11·ifty will be obliged to con trib·
mated the amount for the firs t ycur. But for the ute lnrgely from the abundance of their mea11s,
scco11d year, when the stock on hand which w ill we htwc the con~olation to know that no bur·
escape t his tax shnll h nve been consumed, I be- d.ins have been imposed on the ind ustrio us lnlicve the nmoullL will go considerably nbovc l11s borer and mechanic; thnt the food of the poor is
csli mate. But nM the amount of interest for the umaxcd ; <inc.I that no one wi ll be llflected by the
fi rst year .will be considcrnbly less thun lhe second provisions of this bill whose living depends solely
y ear, I Jrnvo C\ ct~nfidc11 t liopo thnt this bill , with on his mn.nunl lnhor.
om· other r uvenuc, will raise nt lensl $15,000,000
Mr . · ICKL I Fl~E. I now ask leave to m ove
w
beyond th!\ in1111·1·st an d o rdinnry exp~11ses t,> f to s triki: Olli the duty on snit.
Gover nment. If ourdeht should not bcincreuscd I
l\ft-. HI CKM A N. I ol>ject.
beyond
a nd commerce shoujd
T he b ill WllS ordered to be engrossed and read
revive, I believe, in nfter years, we shnll have n n third time; nnd being e ngrossed , it wo.s nccordsurp lus of $50,000,000 to npply to the reduction inJ?ly read the third time.
of the debt. This c11lculation is merely hypoMr. STEVE~S moved the previous question
thetical, as l cannot foresee the course of the Gov- on the p:issagn of th e bill .
crnmem in dealing with 1
.hi$ r ebell ion . If they
Th e prcriou~ question wns seconded , and the·
s hould use the legitimate menns in t heir power, mnin question ordered.
I have no doubt 1h11t in ninety days the rebels I
Mr. LOVEJOY dcmnndetl the y eas nnd rmys
might be so crippled that our ur my could safely · on the pa><snge of the bill .
be reduecd to one hundred th ousnnd men, and J
T he yeas und nnys wero ordered ; the question
fi vc sixths of the present expenses be sa vcd. In w ns taken; nnd it wns decided in the nflhmativcthnL case I feel 110 h csit. ncy in pred icting that not yens 125, 1111ys 14; 11~ follows:
,
11nothcr dolla1· of t axes need ever be imposed on
YBAS-} fom><. Aldrich, 1
\llcy, Arnnld, A•hley, Dahhiii.,
the people to defray our wh ole debt. If the Go v- flaker, llaxter, lk tunan, llidulc, lllngham, f'ra11ch J'.
cr ument sh ould further determine, in acconlnncc Blair, .1aeol1 ll. llla11·, :-Jn111uc1 s. Ulalr, lllrtkt', Willituu G.
·
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f
I'
Drown, Gnlverl, Camphcll, Ch:unhi!:rllu 1 Cf:u·k, Clem1~11L.•)
Wllh l !C p1·11ctt~ 0 nations, the <1 ta_tes of wis- Cobb coUit:x, t'r•<lcrlck A. Conkling, lto;coc Uonklin~,
c
d om :1111! o f justice, to mnke the property of the Corufng,Uo\•odc, Cnl\'Cn•, <.:rittc11dc11,Pa•I•, D:twe., Di:I·

s1.200,ooo.ooo,

rclJ.els pny the expenses of the

\Vnr

which they I

have so wnutouly cnused, this ~'\X need never Uc
.> I
d
collected bcy onu l 1e sccon year.
But if tho Adm in istmtion shou ld deem it wisn
to prolong the wm-, n11d su[cr the loyal citizens
to be op1)ressed LO show merer to traitors the
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•
people must expect ft!l'ther and 1cav1cr bun1
<'llS.
In selecting the objects of taxation, the comm ittee have found it necessary L \'isit many nrticlcii
O
w hich they would hn.ve <>latlly spared . They
.
""
huve, however, la id 110 burdens 011 those who have
Lut s nrnll me1111a. They hu ve ex em pted property
n11d bus inP.ss belo w the vnlue of $600, so thtil the
'st
}l OOr mnn 's tene ment sl rnll not bed 1 urbed b" the
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tnx gatherer. For the .snme r cuson they have luul
no poll tax . T hr.y have, no doubt, 1101wi1hs:11nd·
i1w their best effor ts , failed to equalize the burden
0
t.o the extent which the y desired . T hey ha1'e dt·

nuo, l>t-fap1ainc.. J>ivf"11, Duell, Ouulap\ n uun, 1::d;.!cr1011 1

1 1·:dwanl:o:, Ello1,l·~11!~ll~h,F1;.t-:1'r.111lc11,Fi.i-mr.rrnnk 1 Gooch,
(;ran~er, Grider: Gnrlf'y 1 llai~ltt 1 1lah• 1 lln11, llanc:lu•u,

11.1rillng, ll:>irlso11, JJ1ck111a11, !looper, ll111 w11, JJnlC s,
hi11
I .l ul1011, Kc lloy, Fr:111clB w . K cll<J1'):1 h'.ill ln~cr J,:u.,i11g,
· l.nzcar,Lcary, Ll"l1111uul L0011d>, !.ov1doy,1\J dCn1~ht, Mc1 l'hcr>on, :lfallorr} ~lr11Y.1rs, )!.1tchcll,, ~lonrh~.HI, i\11~011 P.
.'.\lcuult. J w.lln :s. Morrill. Nt,:\.un. ~ublc, Nnen Nu"cn,
Ode ll 01111 ra11on l'rrry ''1'1moril) (;. J•nrlp•. P1k~. 1·~....
<"rl•)','l'ort• l'nuc}, Prle~, Akxnndcr II. Rice, Joh11 II.
,;,
l lllcc, ltiddlr, t:.Jward rr.. Rollins,Jnme• !;. Hollin•,Sargcm,
~h~uk<, ;:;11.-mc111 Sh.cli;1b;ir~er,, f'hcn~n•!J Sloan,. Smith,
,
:-:onulrlmt!. Johll n. fiH!f'h', \V111t;un G. ~tecle, ::Stevens,
f:ltr:i1ton,~Cr11jnm i11 l•' . Thomas. F'rnorls 1'ho111nF, Train,
'l'ruwbrld~"• V1111 Jtorn, Van Valkenburgh, Verrce, Wnil•·
I 1\'1>1'tli , ~Vnllnce, E.0 1•. \\'nil'.'."• Ward,, \Vohst'.'''• ~'l'.eeler,
/\ lhcrt ~· WhltcJ
11rlo1
1 nud \Vnght-12". \\I Ison, \\' 1 11, H 0•1clrull, }\ orcc•ICr,
NA Ys-~rc'""· Allen, !luffi1no11, Cox, KcrrlgM, Knnpp,
J,311 ;-..-.>rt•>n,l'<ndl~ton1 Richnrdwn.Shlrl, Vt1llnndi:;Mm,
-,
• \'oorhecs, Ch!ILon A. n hit~, aud WlcklllTe-14.
1 So t!~e bill was pnssca.

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vote~

: ; ... [ ~

.. .

.::

..._,

Mr. WRIGHT .stated that his colle11gue, Mr..
B Ait.111, .had been called h ome ln consequence.of
sickness in his family.
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Mr. WHEELER stated that hill colleag1.1e.1 Mr.
Fn.u1cnoT, was llbaen t in consclqucnde':(),f;'tp~·ill·
n'e ss of. a relntive.
, .:
• .. ! < •.~. -,::.J
Mr. Pl ICE $lnte<l that hi~ eolleague, Mr. Goo.D'-.l
w1N, was detained at his.lodgings by 1lickiless~ ·
Mr. RICHARDSON stated t hat his collee,gue'~.
Mr. RoB1N soN, h:ul been called home.by s ickness
in his family.
· ;
Mr. BROWN, of Virginie., stated that-his·.co~
league , Mr. WHAL&Y, was detained frora· the
House by sickness , but would have voted for the·
bill, if ~resent.
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Mr. "vVARDstntod thathisco\league,Mr WooD 1
was unavoidably absent, and thatl10 wos authorized to sl8te to the House that, if present; he
would have voted in I.he negative.
Mr. POMEROY stated that h is coll<:ague, l\fr,
WA.LL, had been called home by sickness.
Mr. F RANK stated l·hnt his colleague,. Mr:
ELY, hud been c~lled from the city, and had ·not
yet returned.
·
Mr. S T E V ENS moved to reconsider the vote
by which t he bill wae paescd; nnd also moved to
lay the motion to reconsider on the table.
The latter motion was agreed to.

PACIFIC RAILROAD.
The SPEAKER s t11tcd the business next in
o rder to be the consiclerntion o f the bil f (H. R.
N o. 364) to aid in constructingn rnilroad and tele·
graph line from t he Missouri ri ver to the Pacific
ocean, and to ~ecure to the G overnment the use of
the same for postal, militar y, andother purposes,
ns n special order, and to continue irom day lo
dny u ntil disposed of, o n which the gentleman from
P ennsy lvaliJtt [Mr. Cu1rnEr,L] was enti\led to the
f100 1·.
CONTINGENT FUN D Ot' TltEASURY DEPARTMENT.
Mr. S T EVENS nsk ed nnd obtained.nnonimoue
consenl to n·port from the Commilte W ays and
Mcansn bill mnl<ini; npproprintions -to reimburse
tho co111in~ent fum1 o f the office of the Secretary
of th e Treasury, including the compensation o f
ndditional clerks who may lle employetl,according
to the exigencies of the public service, and for
temporary clerks, for the current fiscal year and
for the y el\T e nding June 30, 1863, wh ich was rea<l
n first nnd second lime , referred to the Committee
of the W hole on tho state of tho Un ion, ond orcl~re<l to be prin ted .

or

CAPlTOL EX'rENSION SUPE!tVI.SlON.
I

Mr. TRAI N . l ask ununimona consent to report from the Committee on P11blic 13uildin~s and
G rounds, anti lO hnve p ut upon ill! passage, senate
joint resolution No. 50, trnnsferring tlte supcr vis·
ion of the Capitol cx tcnaion and the erec1ion of the
new J ome to tho Department of tho Interior.
.
Mr. M cPHERSON. I object.
l'AClFIC RAILltOAD-AOAtN

Mr. CA MP BELL, I nm directed by the select
co mmittee on the Pacific m ilroad tu report a substitute fo1• the bill before the H ouse. It makes
\"ery unimportant changes in the bill as it bas
l>cen printed, with the exceP.tion that it givcs'Clirnct cor porate cupociiy. J w ill e:xpl1.1in it when the
bi ll is tw .d.
The Clerk proceeded to read the bill.
·
Mr . CAMl'BELL. I move that the further
rend in~ of the bill be dispensed w ith . It is already
printeu nncl on the tables of members.
Mr. S TEVENS. f hope the bill will l>e read .
The Clerk proceeded with tl1e reading of the
bill.
Mr. STEVENS. I wnnt to know whether this
bill lurn not to go lo the Committee of the ''Vhole
on th~ state of the Union?
The SPEAKER. That will be seen after the
bill is read.
Mr. S T EVE NS. T her e is n o necessity for
1·eiiding it if the foet is so.
The SPEAKER. The Chnir does not know
what is in the bill.
.
Mr. STEVENS, There is an l•ppr opriation of
United States bo11ds.
Mr. CAMPBELL. I hope the reading of the
bill w ill not he intrrruptcd 111 this time.
Mr. STEVENS. l have a right t o misc the
<JUestion of or der .