Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1837-03-23
WHOLE NO. 354.

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tor. The 22d section of the Act Of the I'd of
March, 1899, entitled "an Act to regulate the
Collection of Duties on imports and tonnage"
provides, ,thut in case Of the disability or death
Of Il Collector the duties and authorities vest
ed in him shall devolve on his Deputy, if any
there be; and in defect of deputy, the said
authorities and duties shall devolve on the
Naval officer of the same district, if any there
be;a and if there be 40 Naval Officer, upon tho
Surveyor of the Port appointed for the resi-.
due OF the term Of such disabled or deceas-
ed collector, if any there be, and if none, ,upos
the Surveyor OF the Port nearest thereto with
in said District. And in every case Of the
disability or death of a Surveyor, it shall be
lawful for the Collector Of the District to-
nominate some fit person to perform his du-
ties, and exercise lis authorities, and the au-
thorities Of the persons who may be empow-
cred to act in the stead of those who may be
disabled or dead, shall continue until success
sors shall be duly appointed. and ready to en-
ter upon the execution OF their respective Of
fees" Among the authorities and duties in
vested in the Collector, is that Of employing
fit persons as Wcighers, Gaugers, Measurers
and Inspectors-w which authorities add duties
devolve, in case of the disability or death of
the Colector,on the officer designated by law
to exercise his authorities and duties. Is
would be strange oversight in legislation,
if in case of the disability or death of Col
lector, the continuance Of the authorities and
duties invested in him by law, should be so
amply provided for, and the law could by pos
sibility be so construed, as to leave the officer
acting as Collector, without the subordinate
officers necessary TO carry on or continue the
business Of the establishment. IF the Com
mittee on Commerce was satisfied Of the cor
rectness of his part Of their report, it was
their duty to have provided for the case be-
fore they left the Committee Room.
In corroboration of the principle above stat.
ed, the Committee refer to an opinion of Mr..
Justice Story, in case which they cite at
length in their report. If the Committee had
consulted the opinion of Judge Johnson, Of
the South Carolina District they would have
found his decision, in a similar case, exactly
The reverse ofthat of Mr.. Justice Story, which,
corroborated by the opinion Of the Attorney
General of the United States on the same
subject is certainly as high authority for legal
learning as that they resorted to in jnstifca-
ton the course pursued in this case. They
might have formed different opinion, but
"Men convinced against their will.
Remain O. the same opinion still"
Ifthe Committee had enquired Of the Sec
retary the Treasury, they would have learnt
from him, that the opinion of Judge Story has
not been recognised by the Department as
imperative. On the contrary, from long usage,
fortified by an opinion of the Attorney Gen
eral in 1881, the Department adhered to the
course purssed before that decision was made.
although he quoted It himself, in his answer
to the Committee or Commerce of the Sem
ate, with the same view it has been quoted
by this Commi;tee,( and to consider all the
subordinate officers of the Customs after the
death or resignation Of the Collector as not in
condition requiring a appointment-but
still continuing in the public service until the
new Collector chooses to appoint others in
their places, and that it has not been allowed
by the practice Of the Department that he do
this without submitting his nominations for
the appreciation Of the Secretary of the Trea-
sury.
The report is not considered by the memo
rialist as Of local character, affecting merely
himself as a humble individual, but of gen.
er6d character, affecting the rights, liberties
and privileges Of every citizen. lfthe mon
strous doctrines advanced in il and defended,
not by ingenious argument, but by evasion,
equivocation and subterfuge, and which can
add little to the honor or dignity Of q majori-
ty of the Committee who reported it, are
countenanced and supported by majority Of
the next Congress, when the report shall be
brought before them, and acquiesced in by
the people the United States-the Govern-
naent will have advanced far in the path
which leads to absolute despotism. The me-
morialist expects by this exposition to gain
nothing for himself, and he asks for nothing
which shall not be common to every citizen.
F, And he does it with a knowledge that no ef-
fort will be spared to destroy any man, who
may undertake to expose the abuses and cor
ruptions Of the party in power.
n 1t is a secret known to but few, yet Of no