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What are the nconT enlences to the Government which can arise from such cases going to a jury 2 Can there be delay even of term in the recovery of such bonds, unless the Defendant alleges and swears to a miscalcuation ofthe duties There can not be. Cannot Congress, if they find that the de- lay incident to such trials will operate inuriousy to the Government, will remedy the evil by requiring the duties to be paid in cash before the permit de- livered for the goods imported They most assured ly can, but will it be necessary to do so cannot conceive that it will. The example of this case will probably not be followed. No merchant will venture to stand suit on his bond. What will be the effect to him? Loss of commercial character and credit with the Goyernment-who, on all future oc- casons would require the payment of the duties in cash. The consequence, therefore, cannot be of a serious nature to the Government. do exceeding ly regret the circumstance, that all this excitement that all these long and learned discussions; are like y to produce little fruit, No law can be settled in these cases From any decision which may make, appeal can only be had to the Circuit Court which will be shortly held at Columbia by my bro ther Johnson, and whether he confirms or reverses my decision, the law will be still unsettled. Both his decision and mine will be nis prius, and incon- elusive. The smallness of the sum in dispute will prevent it's being carried up to the Supreme Court, where alone it could be decided in the last resort- It might reasonably be asked, then why agitate this question when possible good can result from it 2 1t Is not an accidental case ii IS avowedly made lor 'ne purpose oI calihg Tn question tne Cohstltu- aonality of the Tariff Act of 1928. Cui bono ?- when the Defendants, who are Professional men, cognuzant of the Law, knew that final decision on the law could not be had in the case. Let a verdict in the case be one way the other, it must be evil dent to all who hear me, that will be unimportan inconclusive, settling no point.

 From the view which have taken of the ques- tion both under the Law and the Constitution, am bound to say, that the defendants have right to plead in this case. Let it. however, be clearly un- derstood, that while I admit their right to plead decide nothing the nature of their pleas, or their effect.

 The Court, on their second day, decided that un- not 20 into any evidence to impeach the Bond-that this could have been done only by special plea.- We do not know whether the opinion of the Court on that point will or will not be published.