The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-05-14

DEcEhBER TERM. ls4g.
Joseph Fleming and William A. Marshall trading under
the firm OF Fleming 4 Marshall, plaintiffs,


James Page, collector Of the United States
On CERT feats of duisioa opinion betDeen the Judges
of the Circuit Court Of the United States for the East
srn District Of Pennsylvania.
Mr. Chief Justice fancy delivered the opinion of the
court
The question certified by the circuit court turns upon
the construction OF the act OF Congress OF July 80 1916
The duties levied upon the cargo OF the schooner Caharne
were the duties imposed by this law upon goods imported
from foreign country And il at the time OF this ship
ment Iampco was not foreign port, within the mean
ing OF the act of Congress, then the duties We're illegally
charged and having been paid under protest. the PLAIN
Hs would be entitled to in this action the amount
exacted by the collecor
The port OF Tampco at which the goods were shipped
and the Mexican State OF Iamaulipas, IN which II Is
situated, undoubtedly at the time OF the shipment
subject to the sovereignty and dominion OF the United
States. The Mexican authorities had been driven out,
had submitted TO army and navy and the country
in the exclusive and firm possession OF the United
Slates and governed by lis military authorities acting
under the order OF the President But II does not follow
that it part OF the United States that it ceased
to be foreign country in the sense in which these words
are used in the acts OF Congaess.
The country in question had been conquered in war
but the genius and character of Institutions are peace
full and the power to declare war was not con-
ferred upon Congress for the purposes OF aggression
or ACKNOWLEDGEMENT. but TO enable the general gov
sary its rights and the rights OF its citizens war,
therefore, declared by Congress can never be pre-
sumed to be waged for the purpose Of conquest or the
acquisition OF territory; does the law declaring the
imply an authority the President TO enlarge the
limits OF the United States by subjugatng the enemys
country. The United States, it is true, may extend ITS
boundaries by conquest treaty. and may demand the
cesson of territory the condition of peace in order 70
indemnify its citizens for the injuries they have suffered
or to reimburse the government for the expenses OF Tue
war But this can be done only by the treaty maklng
power the legislative authority, and Is not part OF
the power conferred upon the President by the decara
ton OF His duty and his power are purely military
As COMMUNICATIVE he is authorized to direct the
movements of the naval and military forces placed by
law at his command, and 10 employ them IN the manner
he may deem most eiectua to harass, and conquer ana
subdue the enemy He may invade the hostile country,
and subject il to the sovereignty and authority OF the
United States; but his conqness do not enlarge the
boundaries OF this Unon nor extend the operation OF our
institutions and laws beyond the limits before assigned 10
them by the legislative power.
II is true that when Tampico had been captured and
the State OF Tamaupas subugated, other nations were
bound regard the country, while possession con-
tnusd the territory of the United States, and to re-
spect such for by the laws and usages OF nations
conquest is valid title while the victor maintains the
exclusive possession OF the conquered country The ci
zens OF other nation, therefore, had right to enter
without the permission OF the American authoes nor
to hold intercourse with It's nhabitants nor to trade win
them AS regarded all other nations II was part oil Inc
United States, and belonged them exclusively as the
territory included in established boundaries But ye
it not part OF this Union For every nation winch
to It's own institutions and laws. And the relation IN
which the port OF Tampco stood to the United States
while IT was occupied by their arms, dd not depend upon
the laws OF nations but upon our own constitution ana acts
OF Congress The power OF the President under which
Tampco and the State of Tamaupas were conquered and
held IN subsection, was SIMPLY that OF military COM
mander, prosecuting war waged against psoic enemy
BY the authority OF his government And the country
from which these goods were imported was invaded and
subdued and occupied as The territory OF foregn nos
tile nationals a portion OF Mexico-and was held IN
possession in order distress and harass the enemy
While il was occupied by troops, they were IN an en-
emys country and not in their owns the inhabitants
still foreigners and enemies, and owed to The Uni
led States nothing than the submission and obedl
ence sometimes called temporary allegiance, which is
due from a conquered enemy when he surrenders 10
force which he is unable 10 resist But the boundaries
of the United States they existed when war was
declared against Mexico. not extended by the con-
quest could they be regulated by the varying Incl
dents of war; and be enlarged diminished as the armies
either side advanced rereaed They remained I'M
changed And every place which was out oil the limits
OF the United States as previously established by the po
litcal authorities OF the government, was snl foreign;
did our laws extend over il. Tampico was, there
fore, foreign port when this shipment was made
Again. there act OF Congress establishing GUS
tom house at Tamplco, nor authorizing the appointment
OF collector; and consequently there was no officer OF
the United States authorized by law TO grant the clear
ance and authenticate the coasing manifest Of the cargo
in the directed by law, where the voyage is from
port OF the United States 10 another The person
who acted in the character OF collector IN this instance
acted such under the authority OF the military COM
mandef and in obedience 10 his orders; and the duties
he exaced and the regulations he adopted, were mol
those prescribed by law, but by the President IN ms
character OF commander in-chief. The custom.hou
was established in an enemys country as one oil The
weapons OF IL was established not Tor the purpose
OF giving TO the people OF Tamaupas the benefits of com
merce with the United States, with other countries,
but measure OF hostility, and part OF the military
operations IN Mexico IL was mode OF exaclng contrl-
buttons from The enemy TO support our army and intend
ed also TO cripple the resources OF Mexico, and make
feel the evils and burdens oil the war The duties re:
CURED TO be paid were regulated with this view, and
were nothing more than contributions levied upon the
enemy, which the ussges OF war jusuhed when an army
Is operating in the eneny's country The permit and
coasting manifest granted by officer thus appointed
and thus controlled by military authority, could not be
recognised in any port OF the United States the docu
menis required by the act OF Congress when The vessel Is
engaged the coasng trade could they exempt the
cargo from the payment of duties This construction OF
the revenue laws has been uniformly given BY the adj
mnisraiye department OF the government IN every
that has come before it, And II has, indeed, been
given where there appears 10 have been stronger
ground for regarding the place OF shipment as domestic
port than there is in the before Tor, after Florida
had been coded the United States and the forces OF the
United States had taken possession OF Pensacola, u
was decided by the Treasury Department that goods
imported from Pensacola before an act Of Congress
was passed erecting Il into collection district and
authorizing the appointment OF collector, were liza.
BILE to duty that is, that, although Florida bad BY
cesson actually become part OF the United States, and
was in our possession yet under laws, IFS
ports must be regarded foreign until they were estab
hshed as domestic by act OF Congress And il appears
that this decision sanctioned at the time by the At
torney General OF the United States the law officer OF the
government And, although not directly applicable TO
the case before yet the decisions OF the Treasury De-
parment in relation 10 Amelia island and certain ports
Louisiana, after that province had been coded to the
United States, both made upon the same grounds
And IN the latter after custom house had been
tabshed by law at New Orleans, the collector at that
place was instructed TO regard foreign ports Baton
nd ~