Weekly national intelligencer., 1850-05-11

grounds And in the latter case after customhcuse hst
been established by Law New Orleans the collector at thai
place instructed regard foreign ports Baton Rouge
and other settlements sill, in possession Of Spain, whether
the Mississippi Iberyle, the seaccas The Department
in instance haw OF since the establishment
the Government has recognised place in newly
qured couaty as domestic port, from which the coasne
trade might be carried on, unless had been previously made
so by act Of Congress.
The principle thus adopted and acted upon by the Execu
tive Department of the Government has been sanctioned by
the decisions this Court and the Circuit Courts, whenever
the question before them. We do not propose
ment upon the different cited in the argument II il
sufficient to say that there is discrepancy between them
And all Of them far they apply, maintain that under
our revenue laws every port regarded foreign
less the from which the vessel clears is within
collection district established by ao of Congress- and the Off
GERS granting the clearance exercising their functions under
the authority and control Of the laws of the United Saee
In the view have taken of this question: is
say 10 notice particularly the passages from eminent writers
on the laws o. nations which brought forward in the
argument They speak altogether Of the right which
eregn acquires and the powers he may exercise in conquer!
ed country, and they do not bear upon the question we
considering Fer in this country the sovereignty Of the United
States resides in the people OF the several States and they act
through their representatives, according to the delegation and
the constituted authorities whom the power Of making
and concluding peace conded and of determining whether
conquered country shall be permanently retained not,
neither claimed exercised any rights powers in relation
to- the territory in question but the rights of After it
subdued it uniformly treated enemys country,
and restored the of the Mexican authorities when
peace concluded And certainly its subugaton did not
compel the Uned States while they held it. to regard it as
part of their domnions give to form OF civil gov
ernment, nor to extend 10 il our laws
Neither necessary examine the English decisions
which have been referred by counsel is true that most
Of the States have adopted the principles Of English upru
dence, far private and Individual rights
And when such rights question we habtuay refer to
the English decisions, not only with respect but in many
cases Authoritative. But, in the distribution OF political
between the great departments OF Government there is
such wide difference between the power conferred on the
President Of he United States ard the authority and
eighty which belongs the English Crown that would be
altogether unsafe from any supposed resemblance
between hem either regards conques's in or other
subject where the rights and Of the Executive Of
he Government Is brought into question: Our own const
luton and form Of Govenuen must be our only guide And
entirely satisfied that under the constitution and laws
,f the United States Tsnpco foreign port, within the
meaning the of 1916, when these goods were shipped
and that the cargoes liable to the duty charged upon
hem and shall certify accordingly to the Circuit Court
True COPY Test: WIN. THOS. CARROLL,
C. ). c. u. s.