The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-08-03

The merchants NJ Nav Work and uemOrIal-
lied Conarssa on The subject urging that
OF goods Sc into The United states sbouId he prohibt
cd except In vessels OF the limited states or IN vessels
built BY and actually belonging TO the citizens or sub
iects Of the nation IN wbcS snch article bss bean nro
duced or manufactured &c IN Niles Register ga I'd
sess i4th Cong Doc No sn
In this aroused state OF nuMc oni,ion u &, not snn
posabe that the exposition placed by the sscrearv of
the Treasury the of March Is7 could the
notice Of the executive and Legislative branches ~ The
government and Of the community at large and that |
construction, therefore, under those crcumstancra
stands augmented with presumptions supporting its
stronger In force than even the lapse of t5irv
years acquiescence.
1t Is not to DO credited that the President Cougress
and the whole body Of would psrm, an inter
probation this statute which failed To carry ont the
spirit and meaning of its enactment to govern trade
and revenues and IL is difficult put case where CO.
temporaneous construction could with confidence
and business be relied upon the expression OF the
true meaning Of law.
We feel therefore, that could with great propretv
rest the decision of this casupon application Of that
principle recognized and enforced in the authorities
referred to and supported by spec
surrounding this law.
But in a case presenting a question of grave port IN
our own mercantile interests and the relations
between the United and Great Britain we have
considered proper to examine the statute itself with
attention. aided by the arguments Of the respective
counsel and shall proceed assign briefy the reasons
leading us to the conclusion that the construction
toiore adopted correct and ought to be still adher
cd to-
1t seems to be maintained, on the part Of the United
states that the act should be understood restrain
Importation by British vessels to articles the produc
ton or manufacture OF her European and
compel ana manufactures her depen-
denotes out OF Europe to be brought here
longing to the place of production or manufacture
This construction Is founded upon the assumed import
OF the term country ployed in the act in counec
ton with the supposed policy of the to
condition of reciprocity respect to the
and trade Of the country where that was not already
regulated by the invention of July g. 1919
IL may be admitted that the term country used in
the act in its primary ing signifies place and in
larger the territory domnions occ upied by
communiy waste and un peopled sections or re-
gons of the earth but its aphorca no es
aim IL a wall nfIarci anl. "A
historical writings in dinomacv I.cis
laton treaties international codes to sacred
writ the word country employed to denote the pop.
uation the natioN the State the government having
possession and dominion over it
Thus Vatt-n says " the term country seems to be
well Understood by every BODY However ma n Is .ksn
in different may be useful tr give IL here
an exact dennition IL commonly signifies the 81 ate Of
which one is member" In more confined sens.
this signifies the State or even more
thnIown or place of our birthn tBook l. oh e,Sia9J
When nation takes possession OF n distant country
and settles colony there that country though sep.
rated from the principal establishment mo,h.r coup
its ancient possessions Whenever therefore tue poll
oa laws or treaties make no Distinction bet them
every tng ssd OF The territory Of nation ought also
20 eAtend 70 Its colonies. (Vattell Oh L., 2lO)
The whole OF country Possessed by nation sub
jet 70 ts laws forms ITS teri tories and Is the
L. IN ~ III
very apparent upon the provisions Of the act Of
Una. Loogrss. Understood and used the term coun
Wy IN .ne nnlarBeo sense gwen oy Vattell Thus nation
Ia me proviso 10 o foreign prino"s or State 10
anu 'otogn power IN all represent In their connsc-
sPeS'al assgnaton Oh citizen or subject does not mark
cons IN nntca nowrs .,e , law nau references 70 per
word tS,ns tnan the mere
60, ovs,...nb -, 80 peins ny iaMihr
;aa nsrsnns t W LEI "s wnen ~ contains and De-
stSsa citizsn. or sb;.n ~ poprely OF LANGUAGE be
county 70 mean Inc state or nation, and not
mst,n 90 IN ,h ph, ~ .shIr'tory belonging 10 the
countri.s tarr;.oIt;s - " ' CONVENTION OF 1910
ooaarnnna,ts 90 h; eu pooPio, are usea py the Two
Gle Territories IL smnlevd 30 10 mna tne hrst ar
t.nts ~ DP'090" 40 'i'o oorreiatiVe OF lnhabi-
Other ;r.torco. No.. e.... T.,
,,os snd Iin,,; iaoquens "a our statutes ana trea-
countries AMI tsrrtor;s @ IA whieh foreign
state or nation occnnvin9 ana 70 as the people,
But the present case IL seems TO ma tnat the nbr,s
ology of the first section Of the act Indicates more dis
tncty than the of the ordinary word country
that the regulation had a view to foreign governments
and nations and their vessels and not to the localities
within which the individual owners might reside or
where the vessels might be employed
The expression of tho law s in such foreign vessels
truly and wholly belong to the ctx or subjects of
that country Of which goods are the growth produc
ton, or manufacture"
Of public law, colonies parts Of the dominion and
country ofths parent state the inhabitants are her
subjects and citizens.
It follows, necessary consequence OF that rela.
onshp that there be citizens subjects of the
colonies distinct separate from the mother ooun
try and that they no shipping which in it's
character ownership or employment, will be foreign to
ns. III any sense othsr than as belonging to
their common country BY the English law, none but
vessels wholly owned BY British subjects registered with
IN the nrtisn domnionscan be recognised iolt Ship
en- ~ Ys,9o2
VonB,ess .nus NOS. manuestly had reference TO the
nan'y VI Vessels IN the designation OF Foreign be-
chuse the Vessss must truly and wholly belong to CT
sAens ana terms necessarily Importing State
Ut soveinme1t 70 when sucn owners appertain
us Iois,aera.on urtnermore supports the interpre-
th .ne Sourt upon Inc WORD country for
introduced INTO TINS law In connection with
eAPressons oemonstratng that the shipping interest
anu Oh foreign states were IN contemplation
anu not the parts or places where the products
~e TS st n.t OF tne snip owners resided.
ne act 70 regulate trade In plaster OF Paris passed
warren 1911 strongly imports tnat THIS act was intend
e ~ ne nppnca.on 70 Inc foreign state anu not any
y. ss members or parts ana Is siga'hcant
oAPoS" vi i's bcoPo anu purpose IN view OF congress
The subject matter of the two enactments were of a
kindred character and the latter II not both acts was
in effect aimed at the restrictions of the British
ton laws There were in the regulation
Of the Nova Scotia plaster trade particularly Offensive
to this country and Congress two a Va Aft the law in
ouestiop passed specal act proyidinp rhat No nlas
ter of Paris the production Of anv country or s ia
pendences from which the vessels of the nited States
al 20 r,r