The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-03-07

be special aeoon OF the Senate TO The fact that with
the power to take possession OF the Territory given
the power TO collect duties therein thus showing clearly
that before the passage OF law by Cong power
existed to collect duties there. This made more conclu-
sve by the action OF the Treasury Department under both
treaties. T
In the OF Florida that department decided that
all goods which have been may be imported from Pen
collection district and authorizing ihe appointment
OF an officer to reside hereat for the purpose OF
tending the collection Of duties. will be liable duty"
ne same question under the Texas annex alton
and the then Secretary OF the Treasury issued
circular to the collectors and other officers OF the GUS
TOMS dated July 49, ls45, in which he reatmed the de-
The Sapreme Court of the United States in the of
Flemmng Marshall Page, decided that these decis
IONS OF the Treasury Department were the true nerpre
Of these decisions declare that Florida and Texas
DC considered ss oregn territory far the collection
OF duties was concerned until act OF Congress should
Do passed establishing collection districts
lhls brings me To the bill now under consideration; ;
and, in examining H. shall first show the orgia Of what
is called the civil fund Of California and the reasons
which, in my opinion. maize it the duty Of Congress to
authorize It's payment to the people OF that State shall
Afiaey ahe my 0Rnioa.
similar disposition Of the moneys collected in California
under the act OF Sd March, ls49 up the date OF the ad
mission OF the State into the Union.
When the treaty with Mexico was ratified, Colonel
Mason was the military governor Of California On the
oth OF August, lS4s, he was officially notified OF the
ratification Of The treaty; and ths, military authority no
Department dated 10th of August, ls4s, he writes
follows:
fr0m Colonel ha'or'' l,ts, g Gsnral Jon Of August
For the past years no civil government has existed
here save that controlled by the senior military naval
oicsI and no civil officers exist in the country the
upon them, or the people, the civil management and
confusion 10 absoiute and yet what rish,
authority have to exercise civil control in lime :" peace in
Territory OF the United States
wcT nd
the ports thrown open free to the world, Sal Francisco
Paeo to the injury sn hs nee.. .ns Of
merchants To prevent this niix OF fore ign goods
collection Of duties according United States ta OF
1876 This will render necessary for mo to appoint
poray COLLECTORS, &c in the ports OF entry for the
ties"
Here is the authority under which this civil fund was
What right authority have 10 civil control
in time OF peace in Territory of the United States 2"
He VIGOROUSLY had none; yet he did exercise civil
troll not only in the government OF the country but also
in taxing its people He extended the provisions OF the
tariff OF 1916 California, and forced the people to
pay dulles under that law and no power on earth except
the Congress OF the United States had the right to enforce
the payment OF these duties. will presently show what
would have been the reaut if the people Of California
had refused to obey this military edc When this letter
reached the War Department laid before the Secre
tary OF the Treasury. who thereupon issued circular
disavowiDg the ACT OF Colonel Mason, and clearly show
ing that, until Congress created a collection district in
California. no duties could be lawfully collected there
1t may be proper here to remark that for we'll
known to the Senate, Congress passed law, similar to
those passed on the acquisition OF LOUISIANA and Florida
giving the President the power organize governments
IN Territories acquired from Mexico. will now read
this document: @
Ciyesar to Collectors and other ocs Of fks CSsto~ss
"TREAsUxY DEPAkrAxnT Octobsr 7, l8i5
son the 0oh of May last, upon excha nge of raca-
ons Of treaty With Mexico, California became a part
vo been by merchants and collectors
tor the decision of this department
that Al treaties made, which shall be made under
authority of tho United States. taH be The supreme lao Of
to this republic and the constitution the United States
1. extended tina, Territory, aud full orce
sequent tho ratification oi treaty, have distinctly
recognised Caliionis Of the Union, aud hav.
tended over H. In several important particulars the las oil
| the Uniied States
"Under the,e circunstance. the following Instructions
are issued by this department,
"is Az ar,eio' OF tne g'owth produce, or manufae
the sob Of Msy a. .rs snsd se s Of das
into all the pors OF the United States.
f.c,ure Of the United States a. emitted 10 admission free
duty into California; Also all foreigs goods which
good. the do,e. by those VS. have been paid
any collector o the United States previous their IN
"3L Although tbs constitution of the United States
tends Caorna, and Congress- have recognised by law
as part OF the Union, aud eg.a,ed for such, YET
is not brought by law within the limits Of any collection
district, has Congress authorized the appointment OF
any officer, collect the accrung the import
uf foreign du,iable good. Territory Under
crcu although this may be unabe to
collect the duties nccruing imporstons from foreign
countries into California yet duabe good. should
be inrodaced there and shipped 'henoe TO any port OF
place United States. thsy will be spbJec duty
also all the penalties prescribed by lsw when such
importation is attempted without tn. RaymsWy Of ase'
/ Secretary of the Treasury"
In his annual report to Congress in December. ls4s
re eferrng to this subject, he says;
The revenue laws having been extended to Califor
MIA no could be- collected there; but ts dspartmen
all its authority by issuing the circular hereto
uade under the constitution between its and those
the rest of the Unon the trnc guarding the rev
enue from loss, as far as praetioabie'
The President in his annual message of the year
says:
No revenue has been could be collected the port
CsIfonis. because Conge" failed to authorizes the e.
tablisbnent OF houses, tho appointment of Off
"The Secretary Of the Treasury, by circular letter ad
dressed the COLLECTORS OF customs the 7h day OF Octo
ber last copy of which Is heewh transmed exercised
all the power with which he was invested by law"
The circular OF the Secretary of the Treasury referred
to by the President have just read
Here we have the empnatic declaration OF the Che
Magistrate Of the nation, affirmed by the Secretary OF the
Treasury that revenue has been or could bs collect
ed at the ports in California, because Congress failed to
authorize the establish OF custom houses, the APP
poinment OF officers for that purpose" Is there men,
Der of this Senate that will conrovert the statement o
the Presdentl think not Yet II we pass the bill re-
ported from the COMMITTEES on Finance, we Will falsty
this statement by paying into the treasury the moneys
collected from customs before Congress established Gus
tom houses or appointed officers in that country But
will proceed with the history OF the case.
When the circular OF the Secretary OF the Treasury
reached California citizen Of San Frarcsco. 10 his own
name and in behalf Of Others, addressed letter to Com
modore Jones' in chief command of the navy OF the Uni.