Daily Richmond times. [volume] (Richmond, Va.) 1849-1850, 1850-05-09
IMPORTANT JUDICIAL DECISION


We embrace the earliest opporu nity in ullment OF
the purpose ntmated on Saturday place before our
readers the suboined opinion OF the Court, in the i'm
portant OF the collection of War duties in Mexl-
co, recently decided by the Supreme Court OF the U.
States.-[ Nat. Int.
SUPREME COURT OF THE UNITED STATES,
DECEMBER TERM, ls49.
Joseph Fleming and William A. Marshall trading un-
der the firm OF Fleming Marshall, plaintiffs,
Uersus
James Page, Collector of the United States.
On certificate Of division in opinion bet,oeen the
Judges Of the Circuit Court of the United States
for the Eastern Districto Pennsylvania.
Mr.. Chief Justice fancy delivered the opinion of the
Court
The question certified by the Circuit Court turns
upon the construction of the of Congress of July
30, 1886 The duties levied upon the cargo OF the
schooner Catharne the duties imposed by this
law upon goods imported from foreign country. And
it at the time OF this shipment Tampico was not TO-
reign port within the meaning OF the act OF Congress,
then the duties were illegally charged, and having been
paid under protest, the plaintiffs would be entitled to
recover in this acton the amount eXacted by the coec
tor.
The port Of Tampco, at which the goods were
shipped, and the Mexican State of Tamaulipas, in
which it is situated, undoubtedly at the time OF the
shipment subject the sovereignty and dominion OF the
United States. The Mexican authorities had been
driven out or had submitted to army and navy, and
the country in the exclusive and firm possession OF
the United States and governed by its military authori-
ties acting under the order of the President But it
does not follow that part OF the United States
or that it ceased to be foreign country in the sense In
which these words used in the acts of Congress
The country in question had been conquered In war;
but the genius and character OF our institutions are
peaceful and the power to declare war was not con-
ered upon Congress for the purposes OF aggression
aggrandlzement but to enable the General Government
to vindcae by arms if it should become necessary its
rights and the rights OF its citizens war; there
fore, declared by Congress never be presumed to be
waged tor the purpose OF conquest or the acquisition OF
territory nor does the law declaring the war imply an
authority to the President to enlarge the limits OF the
United States by subjugatng the enemys country The
United States it true may extend It's boundaries by
conquest or treaty. and may demand the cesson OF ter
rtoy as the condition OF peace, in order to indemnify
its citizens tor the injuries they have suffered ort REM
burse the gov rnment for the expenses OF the war But
this can be done only by the treatymakng power or
the legislative authority and is not part OF the power
conferred upon the President by the declaration OF war
His duty and his power is purely military AS COM
mander- chief he is authorized to direct the move
mens OF the naval and military forces placed by law at
his command, and to employ them in the manner he
may deem most efectua to harrass and conquer, and
subdue the enemy. He may invade the hoste country,
and subject it to the sovereignty and authority OF the
United States; but his conquess DO not enlarge the
boundaries of this Union nor extend the operation OF
institutions and laws beyond the limits before as
signed to them by the legislative power.
1t is true that when Tampco had been captured, and
the State of Tamaupas sublugated other nations were
bound to regard the country whlle our possession Jo
tnued, as the Territory of the United States and TO
respect as such For by the laws and uSages OF ma
tons conquest is valid title while the victor maintains
the exclusive possession of the conquered country
The citizens of other nation therefore, had rghto
enter it without the permission OF the American au-
thorities; to hold intercourse with its lnhabans
nor to trade with hem As regarded all other nations
part of the United States and belonged to them
as exclusively as the territory included in established
boundaries. But yet it was not part OF this Union
For every nation which acquires territory by treaty or
conquest, holds it according to its own institutions and
laws And the relation in WHICH the port OF Tamplco
stood to the United States. while it was occupied by
their arms did not depend upon the laws OF naons out
upon own Constitution and acts OF Congress
The power of the President, under which Iampco
and the State of Tamaupas were conquered ana held
in subsection was simply that OF a military commander,
proceeding war waged against public enemy by the
authority Of his Government. And the country from
which these goods were imported was invaded and sub
dued and occupied the territory OF foreign hostile
nation as portion OF Mexico and was held in pos
session in order to distress and harrass the enemy
While it was occupied by our troops they were IN an
enemys country and in their the inhabitants
were still foreigners and enemies and owed to the Uni
ted States nothing than the submission and obe-
dlence, sometimes called temporary allegiance whch
is due from conquered enemy when he surrenders to
force which he is unable to resist But the boundaries
OF the United States, as they existed when war was de-
cared against Mexico were not extended by the con-
quest could they be reguatedby the varying Incl
dents OF and be enlarged or diminished as the ar
mics on either side advanced or retreated. They re
manned unchanged. And every place which was out
OF the limits of the United States, as previously estab-
was still foreign, nor did our laws extend over it. Tam
pco was, therefore, foreign port when This shipment
was made.
AGAIN, there was no act of Congress establishing
custom house at Tampco authorizing the appoint
ment of collectors and consequently there was no Off
of the United States authorized by law to grant the
clearance, and authenticate the coasng manifest OF the
cargo in the manner directed by law, where the voyage
is from one port Of the United States to another The
person who acted in the character OF collector in this
Instance acted as such under the authority of the mill
tary commander and in obedience his orders; and the
duties he exaced and the regulations he adopted
not those prescribed by law but by the President in his
character of Commander The om-house
was established in enemys country as one OF the
weapons of 1t established, not for the pur-
pose of giving the people Of Tamaulpas the benefits
IF commerce with the United States with other coun-
res, but as Of hostility, and part Of the
military operations in Mexico. 1t was mode OF ex-
lcting contributions from the enemy to support our
lrmy, and intended also to cripple the resources OF
Mexico and make it feel the evils and burdens OF the
var. The duties required to be paid were regulated