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

tons levied upon the enemy, which the usages OF war
justified when an army is operating in the enemy's
try The permit and coasting manifest granted by an
officer thus appointed and thus controlled by military
authority could not be recognised in any port OF the
United States, the documents required by the act of
Congress when the vessel is engaged in the coasting
trade nor could they exempt the cargo from the pay
ment OF duties.
This construction of the laws has been uni
formy given by the administrative department OF the
Government in every that has ever come before it.
And has indeed been given in cases where there an
pears to have been stronger ground for regarding the
place OF shipment as domestic port than there is in
the case before u.s. Tor alter Florida had heen ceded
the United States and the forces of the United State,
had taken possession OF Pensacola it was decided by
Inc treasury Department that goods imported from
Pensacola before act OF Congress passed
ing INTO aeolectlon district and authorizing the ap-
polnment OF collector were liable to duty. That is
that, although Florida had by cesson actually become
part OF the United States, and our possession,
yet, under our revenue laws its ports must be re-
garded as foreign until they were established as
domestic by act of Congress And it appears that
TINS decision was sanctioned at the time by the At
torney General of the United States the law officer of
the Government And, although not SO directly appli-
cable to the before yet the decisions OF the
Treasury Department in relation to Amelia island and
certain ports Louisiana, after that province had been
coded to the U. States, both made upon the same
grounds. And the latter case, after stom-house
had been established by law at ew Orleans the collec
that place instructed to regard as foreign
ports Baton Rouge and other settlements still in pos
session of Spain whether the Mississippi Ibervlle
the seacoast The Department, in no instance that
are aware OF since the establishment of the Gov
eminent, has ever recognized place in newly
CURED country as domestic port from which the
coastng trade might be carried on unless it had been
previously made so by act of Congress
The principle thus adopted and acted upon by the
Executive Department OF the Government has been
sanctioned by the decisions in this Court, and the Cir
cult Courts, whenever the question before them
We do not propose to comment upon the different
cited IN the argument 1t is sufficient to say that there
is no discrepancy between them. And all OF them, 30
Tar as they apply maintain that under revenue laws
every port is regarded foreign unless the Gus
om-house from which the vessel clears is within COL
lection district established by act of Congress- and the
officers granting the clearance exercising their func
TONS under the authority and control Of the laws of the
United States.
In the view have taken of this question is unne-
cesay to notice particularly the passages from eminent
writers the laws of nations which were brought for
ward ID the argument They speak altogether. OF the
night winch sovereign acquires and the powers he may
exercise In conquered country, and they do not bear
upon the question we are considering. For in this
country the sovereignty OF the United States resides in
the people OF the several States and they through
their representatives. according to the delegation and
distribution OF powers contained in the constitution
And the constituted authorizes, whom the power of
making war and concluding peace is confided and of
determining whether conquered country shall be per-
manenty retained or not neither claimed nor exercised
any rights or overs IN relation to the territory ques
ron but the rights OF Alter subdued it was
uniformly treated as an enemy's country and restored
to the possession OF the Mexican authorities when
did not compel the United States while they held it, to
regard as part of their dominons TO give it any
form OF civil government, nor to extend it TO laws
Neheris 1t necessary to examine the legal decisions
which have been referred to by counsel 1t is true that
most OF the States have adopted the principles OF En-
gsh jurisprudence, far as private and in
dvidual rights. And when such rights are in question
we habituay refer to the English decisions, not only
with respect, but in many authoritative. But
in the distribution OF political power between the great
departments OF government, there is such wide diff
terence between the power conferred on the President
OF the United States, and the authority and sovereignty
which belongs to the English Crown that it would be
altogether unsafe TO from any supposed resem-
hance between them either regards conquests in
war; any other subject, where the rights and powers
OF the Executive of the Government is broughtinto
question. Our Constitution and form OF Government
must be our only guide And We are entirely satisfied
that, under the Constitution and laws OF the United
States, Tamplco was toregn port within the meaning
OF the act OF 1916, when these goods were shipped
and that the cargoes We're liable to the duty charged
cult Court.
True copy. Test:
VIM. THOS. CARROLL,
C.. s C. TT