The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1839-07-17
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4M WaIfabc on COfnmffCG,--AmOHp tue Couutltss
esiaences Of systematic hostility 70 the commercial IN
ieresis Of our country chsrgesble the party IN
powell no'ng has yet occurred which so fully exposes
Inc malignant desga Of this warfare than the late "go-
vernment ukase against American Whslemen. An
exhausted Treasury, s~ealed aud srarcouied empii
ness ny lis own ueachrrons Temporary gusdians--snd
The elsmors Of succeeding pack OF yorueious sub
NEUTRALITY-SUSPICIOUS., doubtless the chief elements
10 this desperate measure. So lucky an opoortuuty
for putting I'VE or six millions VI dollars INFO the So
called pubic chest" 10 be neglected This
is about the sum which must derive 10 the custom.
from the exscon OF duties those csgoes Of oil al
ready taken or 10 be taken. by registered whaling ships
now abroad. There Is reason, nor justice In
this imposition, than there would he in the infection Of
tar upon the grain which farmer gathers out Of the
earth titled by his own hands for hardy whalemen
though with vastly greater excrtion aud al infinitely
greater risk, draw their Of subsistence Of the
liquid bosom Of this earth Nor does this sbon-
nable excise affect solely the rights aud interests of
merchants and nsylgstors Immediately concerned in
what is commonly, though insccurately, termed the
whale fishery. tNaturslsts have established The fact,
that the whale Is not FISH Il is an oppressive bur
then upon almost every branch of dome stc industry as
well odous tax upon knowledge iseIf-for il is
upon the consumer that its weight must finally fall
upon the manufacturer, the mechanic the student all
Of whom must pay heavy tribute for the facilities and
the very hgM employed IN their respective vocaons
Certain partzan apoogists OF the harpies who have
seized upon this chance TO repenish the grand Spoil
fund.- affect to charge the consequences upon Mr. Justice
Story-and seem, hypocrIticay, 10 lament the unto
ward occurrence. Indeed, some OF them to subserve
local purposes, pretend TO the decision which
they say constitutes the ground Of the Treasury cc
lar But, II the Judge rong, will they dare affirm
that the department this shameful business!
True, the formal opinion Of that magistrate, though in
a case having no direct bearing upon the subject OF
duty oil, might apparently, through forced differences,
warrant the outrage. On question so nomentous,
Av1f.u l.t. H.
Of the Treasury bound orihpih sdop, the mere
opinion Of the law Of the land without
at least waiting Tor the sanction OF his Judicial compeers
or for tho action Of the national legislature! Such
prompt and profound for the judiciary
tanly characteristic Of the regnng democracy"
In all probability. the Judge himself dreamed Of
The perverse purposes TO which his view Of the law. in
that instance, would be suddenly applied He could
not have imagined that his judgment upon case Of
volt, would instantly be tortured into exposition Of
the tariff, calculated to disturb and destroy immensely
valuable maritime pursuit.
That decision, or that law, come whence it may
which goes to dens,ionalize American vessel upon
the frivolous pretext now set up, gross infringe
ment OF every principle Of equity. The whalemen VI
the United States have ever conformed to the direc-
tons aud requirements Of the custom house officers
They have taken out just such papers, and complied
with just such forms those officers themselves pre-
scrlhed aud. indeed, had they asked for different do
cuments or measures, the request would have been
fused For half century has this course been pursu-
ed, without complaint, without Inconvenience to 90
sernment-withoui single act Of fraud the part Of
shlp-owners or navigators And sort of trap is
suddenly sprung by The spoilers and important
OF commerce is 10 be cut oil to supply item with
porary meal
Al the time Of the enactment Of the law in question:
cur whalemen scarcely yentured beyond the confines
Of the Northern Atlantic. The trainers of the statute
therefore, contemplated the possibility Of its APP
piance to the two three and four years whaling voy
ages OF alter days-hey never preconceved crooked
an implication Of It's terms, as is now hszarded by the
supcrnsl sapience Of Levi Woodbury. under the sop
posed shelter of Judge Story. We have proof hand
touching The original meaning and intent Of the law,
derived from the very Comptroller Of the Treasury who
was IN office at the date OF its passage This evidence
exists m the reply TO letter from E. Pope ESQ.,. for
mer Collector Of New Bedford, Who under date Of July
"a, l793, asks Of the Treasury Department instructions
how To proceed in regard whaling vessels under the
then late Act, and remarks follows -" by the FIRST
section, vessel can be licensed unless FIRST enrolled
some OF our vessels in the whale fishery choose rather
TO torego the privilege Of License than that Of Re
gister-these voyages lead them mostly among The
Spanards and Portuguese, wbo they say. very par
tcnlar IA examining their Registers. suppose by law
II is optional with them whether TO clear out and on
their return 10 make entry-or be enrolled and take
license" In answer, the Comptroller. (Oliver VOL
cott) under date Of Aug, 90 1885, says "your opin-
ion is well founded, that the regulations for enrolling
and licensing are not compulsory" On this point, no.
thing can be more conclusive.
A more garing imposition than the one under notice.
was never sdventured, even by way Of experiment"
upon the mos, creduous and christisn-ke people Of
any age nation. If whale ships are thus official
y declared have forfeited their national character
because they chance TO be unprovided with pa
pers, which, since their departure from home, is pre-
tended they should have taken, when advised by
the government agents bemselves-in the name OF pro-
prety to what nation shall they be adndged to belong
Under what flag shall they sail Should they not come
into port either under the American ensign reversed or
more appropriately, under the colors Of the outlaw.
black and bloody?