The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-07-30
CIRCULAR
To Collectors and other officers Of The Customs

TREASURY DEPARTMENT.,
July %, 1915.
The President Of the United States has received
official intelligence that the Convention, as well as
the Congress of the republic of Texas, have sane
toned and adopted the joint resolution of the Con-
grsss OF the United States of the lst of March last
for the admission Of Texas State of the Union.
BY the Oath section of the act Of the Congress of
the United States of the 30th of August 1912, it is
provided "That it shall be the duty of all collectors
and other officers of the customs to execute and car
ny into effect all instructions of the Secretary of the
Treasury relative to the execution of the revenue
aws and in any difficulty shall arise as to the
true construction or meaning of any part of such
revenue laws, the decision of the Secretary of the
Treasury shall be conclusive and binding upon all
such collectors and other officers Of the customs.'
In conformity with this provision of the law, it be-
comes my duty to communicate the views and in
structions of this department upon various import
ant questions arising out of the relations be-
tween Texas and the United States.
LIST. Although there is now solemn compact OBJ
gatory upon both parties for the admission Of Texas
as State Of the Union; yet until the further action
Of the Congress of the United States upon this sub
ect and instructions founded thereon from this de-
partment, you will collect duties as heretofore upon
all the imports from Texas into the United States
A similar question arose in relation to exports
from Florida into New Orleans in 1919, when il was
decided by the Treasury Department shat all
goods which have been or may be imported from
Pensacola before act Of Congress shall be passed
erecting il into collection district, and authorizing
the appointment of officer to reside thereat, for
the purpose of experimenting the collection of du-
ties will be liable to duty"
IT. then, as is apprehended, imports should now
be made from foreign ports into Texas, with view
to introduction here free of duty from Texas, upon
her formal admission by Congress as State of the
Union, such exemption from duty, in conformity
with the decision before quoted in relation Flori
IN cnpd not o tied tbef0re an - &C Vi
gress shall be passed erecting it (Texas) into col
lection district" When Congress shall pass such
an act ample provision can be made therein TO pre-
vent the sacrifice of revenue by the evasion Of
our laws, as is now believed to be contemplated.
3D. In all cases where application is made to
enter goods with the privilege Of drawback of duties
expectations into Texas, before granting the de-
benture certificate you will diligently inquire into
the circumstances of the case, with view TO ascer-
tain whether this expectation is intended for the
consumption ofthe cargo in Texas, or for re-import
alton into the United States; and any attempt to OBJ
tain drawback of the duties where the goods are
really designed for consumption within our limits
is manifest fraud on revenue laws which will
be prevented by all the lawful means within the
power of this department
After the acquisition and occupation ofLouisiana,
by an order of the Treasury Department, the col
lector at New Orleans was directed ''to consider
Baton Rouge, and other settlements now in pos
session of Spain, whether on the Mississippi, lher-
vile, the lakes the seacoast, as 'toreign pors"
In the same order 1t was declared, sin instance,
however, are you to allow drawbacks for goods
which have been landed, and may afterwards be
exported to such places.n This order was issued
by one of my predecessors (Albert Gelatin,) and
was sanctioned by Mr. Jefferson, then President Of
the United States.
By the s0th section Of the act of Congress of the
ID Of March, 1899, it is provided, "That the col
lector aforesaid may refuse to grant such debenture
| 49,
error has arisen, or any fraud has been committed;
and in ofsuch refusal if the debenture or deben-
lures claimed shall exceed one hundred dollars, it
shall be the duty of the said collector to represent the
case TO the Comptroller of the Treasury, who shall
determine whether such debenure or debentures
shall be granted or not" An entry for drawback,
with view to reimportaton, free Of all duty, into
the United States, is a fraud within the meaning of
this act; and all such cases. il is the duty of the
collector to refuse the debenure certificate In all
cases where the debenture shall not exceed hum
bred dollars the collector will Judge for himself
whether such fraud as is before designated is con-
tempated; and, in the language of the law, 'if the
debenture or debentures claimed shall exceed one
hundred dollars, il shall be the duty of the said col
lecor to represent the to the Comptroller of the
Treasury, who shall determine whether such deben-
tnre or debentures shall be granted or not"
| BY the 18th section of the act of ID March, 1899,
it is provided as follows; "And the said exporter
or exporters shall likewise make oath that the said
goods so noticed for expectation, and laden on
board such ship vessel previous to the clearance
thereof, or within ten days after such clearance are
truly intended to be exported to the place whereof
notice shall have been given, and not intended 10
be reianded pihin The United Saies otherwise, the
said goods wares, and merchandise shall not be
entitled to the benefit of drawback
IT, then, in point Of fact, the goods thus exported
to Texas are intended "to be relonded within the
United States" they are not entitled TO drawback
and il relanded are subject TO seizure and forfeiture
as well as the vessel in which they thus intro
duced.
Great vigilance will be required in obtaining am
pie security upon all export bonds rs those bonds
may not be cancelled in any case of expectation Of
goods to Texas with the privilege Of drawback
until the numerous and important questions arising
under such bonds shall have been finally adjudi
Gated.
| You will in no case omit to publish in the news
papers, as now required by law, the names of all
persons who shall be found guilty Of the violations
of the revenue laws therein prescribed, well as
to seize for forfeiture the goods, vessel tackle APP
parel, and furniture, in all such cases.
| As the speculaons referred to would diminish
the revenue, and affect injuriousy the interests oil
the people Of the United States, and of Texas as a
part Of the Union the utmost vigilance and the mos
cordial cooperation are expected from all officers Of
the customs, in carrying these instructions mos
| fully into immediate effect.
| , Uarv reanectr,Ilv