Alexandria gazette, commercial and political. [volume] (Alexandria [Va.]) 1812-1817, 1816-06-14
The Master and Wardens Of the
pert Of New York !
Fbjlip Aldridee.

4
| This is an action brought to recover
from the defendant, as master OF the brl-
|tish brig ldas, which entered at this port
Iron I.eghorn, and originally sailed from
1.-The Briis territories In Europe. the lees
lcr charges allowed by law OF this state
i. for each and every survey on merchant
llize on board of or imported in any ship
ar vessel, not owned in whole or in part
Inv a citizen or citizens of the United
States" being double the amount OF the
fees or charges allowed for the same
SURVEYS on merchandise on board or inn
|ported in vessels Of the q. States,
The plaintiffs alIdse that this being a
foreign vessel, they are entitled to re.
Iceivs the sum Ct three dollars tor each
survey of merchandise imported in her,
being double the amount payable by a
Imerican vessels.
! The defendant contends that under the
commercial convention between the U.
Estates and Great Britain of the Sd July,
1875. British vessels and the merchandise
Imported in them, are placed n the same
footing with vessels of the United States,
liz respect to duties and charges, and
consequently that such vessels are no
|longer subject to the general liability OF
foreign vessels to this or any other dis
terminating duty or chsrge-Raving al
ready paid the fees or charges required
to be paid by foreign vessels only, on EN-,
TRY and report at the Office of the board
lof warIena, { Act Sc, Sess. c. CC8CVl,)
the defendant now pays into court the
further sum necessary to make up the
lamospt due for the three surveys Act
|s6, Sess. C.XXXilI,) surprising him
mot to be liable to double charges.
! The words If the convention which at
fleet this case are TO be found in the fol-
flowing clauses of the second article.
" No higher or other duties or charges
Ishall be imposed in any OF the ports OF
1.-THE United States on British vessels, than
those PAYABLE in the same ports BY vessels
OF the United States nor III the ports OF
lazy ofhis Britannia Majes'y's territories
In Europe on the vessels of the U. States
than shall be payable in the same poris
on British vessels.
The same duties shall be paid on the
jimportstion into the United States ofany
articles the growth, produce or manufac-
ture Of his Britannia Majesty's territories
ia Europe, whether such importation
IshaIl be in vessels of the United States
lnrin British vessels (; and the same du,
ties shall be paid or the iInportatioEs into
iports of any of his Britannia Majesty
Territories in Europe of any articles the
growth. produce or manufacture ct the
III. States"
Thisreciprocation extends only to the
Trade between the United States and the
European daminions Of Great Britain ::
|for the trade to British Indiais conceded
binder certain limitations, and the inter
!course between the British possessions in
line West Indies and North America is
lie!t unaffected by the convention, which
Hectares that :. each party shall remain
lin the complete possession of its rights,
with respect to such intercourse.
The first qaestion that presents itself
I'm this cause is, whether surprising the
charges or fees for which the preseot, suit
| brought to be among the duties equa u
ed BY the convention of commerce, thaI
ratification of that treaty has the effect of
|ahrogating so much of the laws OF the re-
spectiye states as stands lii the way ct
Its several provisions
On this question there canbe no doubt.
Treaties form the conventional law OF
matt rs Between the parties to them and
ARE paramount TO any municipal law
ahatsoever.-The municipal constitution
of every particular country may indeed
prescribe the mode in which they shall
|oe concluded and ratified-But when
this is done, they become obligatory on
e respective parties, not only on the
evernment of each nation, but on all its
4fficers, courts OF justice, and citizens
|or subjects. To this obligation, derived
from the principles of public law, is SUI
eradded thar of our own national con-
|stitution, which declares, that this con-
stitution and the laws of the U. States,
which shall be made in pursuance there.
|of, and all treaties made, or which shall
he made under TIE authority OF the VI
States, shall be the supreme law OF the
land; and the Judges in every state shall
| be bound thereby, any thing in the con
lstitution or laws of any state to thef
contrary Notwithstanding" Art. 6, sec.
To enforce this obligation, the judicial
! Ulcers of each state are to be bound b.
oa,h to support this constitution. Sec. 5
Whether therefore the act of congress for
carrying into effect the convention was al