The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-03-07
CITY OF WASHINGTON. FRIDAY MORNING MARCH !. 1851.

conhscating such goods wares merchandise. aid th
collector Of with your
mandi .sH
This inquiry made ia consequences Of the tenor Of ,s
Of the United Sates undes date OF Ooober lsS and ha
., the Il ps.dsnrs %s.sas1 delivered to So house.. o. Con
here, confirming the opinions OF those parties who have
ordering the collection of duties imports into Caornis
since the pesce with Mexico
Washington will dscl4m all responsibility the col
lection Of duties n Upper Caorna and refer parties who
his authority for redress For this reason they do de-
.lre to know how lar You participate IN the regulations
der tho United States tariff Of A. d. 1886
An early answer !. respectfully desired as several
protests the payment OF duties being
uied by different parties. which must be drawn in con-
am ' respectfully 'e.' %S'' s1TnEsfE sGfa.fH, sfs,An
To THoMAs Ar CArSsBY JONES,
colnmander-in chief U, S. naval forces
Pacific ocean"
| .FLAe-sHir Ono
San Francisco, February u, l8t8
/" SiR; Yours dated the 23d instant making ION b-hai
Of some importing merchants Of San Francsco) inquiy
relation TO the collection Of dues foreign products aod
oaariss yin DO fully an,wssd by stating ,h.
do fully approve of tho appointment by Col r. b Mason,
and military governor Of Upper California OF
der my command when called on by the collector o.
Of the United a,e. a, every point Of the coast
of California ceded The United States by the treaty
ueetao. in Mexico on the hirtieh day OF May. lsis
Respectfully aFYYiios. IS Ap G. JONES.
"Commander-n-chiefU > naval forces, Pacific ocean.
"C. V. GILLEsriE, esq no."
If the people of Califo mia could have appealed to
dore had the power under the existing laws enforce
the laws OF the United States at every point OF
the coast Of California and these courts had decided
that he could lawfully thus employ the naval force
under his command, no one would have complained
But matter how clear 1t to the citizens of Cali.
forna from the circular Of the Secretary of the Treas.
ury and message Of the President that the Commodore
could not lawfully exercise such power, yet they
forced to submit, revolt and resist the military and
naval authorities OF this government stationed in that
| country
Soon after this correspondence General Persifer F.
Smith arrived in California, and became the chief ruler
of that country. The General is lawyer well a
brave soldier and knew perfectly well that the military
authorities of California had power to collect duties
under the tarfo ls46 He therefore repudiaed Col.
another way He therefore, the Ist April lS49. issued
circular, extract from which will read 10 the
| Senate:
| "HEApQUARrEss, PACIFIC DIVISION.
! "San Francisco. Califomis, Apr, L. 1919
| "The treaty concluded with Mexico the SOh of May
last brought Upper California within the Un,ied States
and Ut within the operation OF all its laws. Bu
the means OF enforcing some Of these laws have not been
provided BY Congress as the Secretary Of the Treas
although Congress have recognised California part
the Union and o It as SUCH yet i is not brought
by law within the limits OF any collection district
Congress authorized the appointment OF any officer col
force here and conses 'e revenue and navigation
laws are-thou 2b his moment part OF the
Now the law declare. ,ha Certain good. shall only en-
ter upon having paid the duties prescribed by The tariff
ble coec, duties such, proper not
many think, that The goods can without pay
ssslsd BY T law. hey % e.ano. BE- .dm.d 1 10 s,s ''
"A. many csrgoss had ssen shipped under the wrong
Impression that they could and there Amer
lean por, entry Pacific which they could ssor
to comply with the law. case Of extreme hardship wa
on would allow the csrgoes TO be entered deposit
ing the duties 70 await the .c9a OF oongre.. on h'. sub
coast and from the unwngnsss OF the lee In this
mines. absolute necessity OF of
ton existed which could only DO sapprd by using foreign
So OF am Of b. bur
poray There can be no haidsp in enforcing the law
aud time will, Doubtless, do away with the scarcity o
American vessels OF small class here There Will be thef
enforcement OF the law Even before that time
the government at Washington thinking itself empowered
ssnoc granted and require suct adhereuce to tho law
wnatever may be the nconvenience 10 individuals
Il think 1t would be proper. then to notify all persons
designing port, neighbohood
that they right to count spon any other thar
the United States. both regards catgoes and
psrucuafly that du,nbs good, cannot be entered her
pointng the necessary officers"
Although the General is good lawyer, yet, in this in
stance. he had bad rase, which he made the most OF
In this circular he says all the laos OF the United Stale
are in force in California He quotes part of Mi
Walkers circular, where he says lhat Congress has
authorized the appointment OF any officers TO collect
enue in that country and follows that quotation with tn
following statement:
"The laws OF the Uaed State, are in fora- here an
eo~,sqHe~tiy hs srspsnHs and napsation taucs ara +"
Here Mr. Walker and General Smith. both able law
yers at direct issue. But Gen Smith attempts thus
explain away this difference that inasmuch the powe
OF enforcing the revenue laws OF California does not
duIabe goods "canne be admitted al all" into tha
country But, inasmuch il would be great hardshi
to drive of the carkoes OF goods that indispensable
the existence OF the he decreed that III
importers of duabe goods should deposie the duties
to wait the action OF Congress the subject" Her
the merchants, instead OF paying dutcs they
qued to do by Colonel Mason, forced to dep sit
with irresponsible person, unknown to the laws, th
amount that they had been required pay by Colo
mel Mason And this system continued up TO the tim
the collector appointed under the act OF 81 March, lS49
commenced the collection OF duties under that law.
will proceed TO show that General Smith wa
clearly wrong in his conclusions when he says the law
of the United States force here (Californa)
conseQ uently the and vgation laws !"
my first authority shall be the first and highest known
this country, and is directly in point. read from de
cison of the Supre me Court OF The United States Flem
ming and Marshall Us. Page, (slo Howard)
"This construction OF Tho revsnue laws been mi
formiy given by the admin strave department OF the gov
srnmen In ovey that has before IL and has
indeed been given in whore there appear hav
been stronger ground, or regarding the place OF :hpmsn
United States and the forces OF the United States had
ken possession OF Psnsacos IL decided by the Teaso
Deparmen that goods mpo I'd fsom Psnsscoaa before Al
fsA,. A, Al.