The Democratic sentinel. [volume] (Cadiz, Ohio) 1852-1853, 1853-10-19

but at that ums ult gSIuAaah ttm hdd ho
force in Upper California, and had none
there on the Sd oftApTil, 1856, unless BY
the words ''reyenue laws" in the act l949
it was extended over that Territory, , lhayeS
locked with some care into the acts Of Con !
gress, in order to aseeftein what meaning
the Legislature have attached to- the WORDS
''reyenus laws!1sI have locked 10, the title
of the act itself, which has the words pub
lie revenue" in it, but find that some sec
lions Of the act are revenue laws'7 re-
iquiring the monies from exary sourceyto'
be pa,dIin gold and silver 1no where fnd
that law makingit crime felony, to de-
post the public monies in a bank, to loan
th 5m with or without Interest, to convert
them to the use Of the party, IS a "revenue
law. w."ai To all intents and purposes, it be-
longs, to the crinimal eodefof the country,
and isa s'FeYenue4 law" " ~ Indeed, ifthiS Isl
tosbe regardedas one OF the ''1Jeyenue laws, y
then its construction is wholly within the
power of the Secretary ofthe Treasury for
il is provided nthat it shall be the duty
ofall collectors and other officers osthe Gus
toms, TO execute and carry into effect, all
instructions Of the Secretary, relative to the
execution Of the "reyenue laws" ana in
case any difficulty shall arise as to the cons
straelioa or meaning ,ofany part of the erey-
enue laws the decision Of the Secretary s9f
the Treasury shall be conclusive, and bind
ing on an sdcb collectors and officers Of the
customs. 70 liz J45V ysAl taaj &dyHohi = "
See Gordon's Digest, page G2S, Seo.l 9s-
y a. rg H q.
Did Congress mean that the construction
of the Secretary Of the Treasury Of any part
Of the revenue laws" should extend 10 d
construction ofthis section of theSub-Treas-
ury act, creating felony, and If, the Seere-
tary sabll deposit, the money nab ank, that
should excuse the Collector from punish
ment? But If this Section is 10 be regard
ed as a revenue law ,ssi1t then this Strange
absurdity would arise id the very case urder
nsideraion, to wit: Collier himself would
be entitled to a part Of the fine to which h e
would himself Be subject. ~ Gordoh's digets
page 951, sec. 1886, is as follows9:H o' 17.'a
"Allfnes. penalties and f6rfeitures re-
covered by virtuetof thedrevehue acts (and
not otherwise appropriately ! soall after des
ducting all proper costs and charges, be dis
posed Of as follows: one moiety for tie use
Of the United States, to De paid into tie
rre8suryithereof, by the neollecsorreceiviRg
the same, the ether, n,moiesysAalhb divided
| between, and paid in equal proportions to the
| Collector and Naval officer of the District
and Surveyor ofthe port, wherein the same
shall have been incurred, Or to such of the
said1oficers as there may beEin the said
District, and in Districts where only one Of
said officers shall have. been established, /,
such moiciy shall be given to such off
| GERS "''@" w. 7E'4 4fNs 0' 90 1'" "~-''h-
The fn6s arising Under the Sub Treasury
act are not, SOL far as [ am advised, lappor-
toned otherwise, and therefore, Collier
would reap the, fruits of his ownfelony,,4
The fines penalties and l0rJeitares do not,
n'my opinion, apply to crimes and 'felonies
such as is created by the Sub Treasury act
but,to those cases ON which may be regard
led as, mere nisdemeanorsi i and ieva1
sions of the "revenue laws, which might
be recovered by civil Suit on Information
without Indictment. n Vides Gordon's digest
page 949 ,aseca32 n: when they are to beere-
coveredb by suit, insthe nanlae ofthe, Unasdd
'9talRessi ays,ad synb IaysYss 4oa .slr5s gss,
| am the more inclined to this, opinion,
from. the fact that by the 5.h sec, Of the act
Of the Sd 'ofMsrch, 1880, extending the
iorevenue jfawsp of the Unitaf Estates over
California, lit is provided "Ihat until other
wise proyidedby law 70 --isg IA .4sbIsa
&, The District. Court of Louisiana and the
4 Supreme Court Of Oregon shalEtake cogni-
za1ce Of all cases arising Under the ''rete-
Hae1aa0 ;" in the district Of upper Califor-
mia. and shall proceed therein, in thesame
manner. and with the like effect, as if such
case ha1 arisen within the Territory where
the proceeding shall be brought. | 'am not
advised that Congress has, by law, provided
Grand Jury for. the Supreme Court of
Oregon, by which Collier could be indietess
1 in that Court "a Nor ana |, that the, Territo-
rial Legislature have provided for such Grand
Jury, Indeed that court is prohibited from
having ajurysat allin appellate cases. For
these ,reasonss say / ana the more strongly
inclined 70 the opinion that tbs violation ef
4 the revenue laws, mentioned in the 4h
Section Of the act last referred TO, had refer
ence6 to- Violations not indictable at ah, gof
which thsre laresa great nuhbeS, mentioned
in the acts of Gpngess,janda yhich might
H striGtlyspeaking. =, be, considered syioiiatlons
4 or eyasions Of the revenue laws" Give to
tile words ''revenue laws the meaning at
tempted to be- attached to- them, in the act
ofIB49aand there ARE butfeB1act of10on-
gresss which ght not be sconPid dercd, 'leyr
enue laws, A law organizing ths Treas
ury department, the post office department,
the navy departmental law creating pursers
inothern&vy, pagmasterih the army, district
attorneys, all other having anything
| to. dc, with the public monies, would ,faD uns
der, the head of .'revenue laws. y Upon
the whole, after matars alteration, l am
Of opinion that BY the werdsl4revenue laws'
the Legislature did netintend tosand didnot,
ex.epd The 18th SECTION oflhes SUI, ,treasury
act of lS45, over California. That Con.
gress intended to- provide onlT for The. col
lection of revenue, and the infections Of pen
slti1s for saHasions,of thenevenue, ,yirecosslAs
blefby civil spit,io lpHs sbunl bsaiGy ban dt0p
Butif fittwers ,othTwise;aa and III Congress
did intend by the act of l649, TO extend This
section over that territory, and make the
facts charged IN this indictment Should be
presented ana trial mad in Louisiana orwthe
Supleme8 Gomt(of Oragous then Ighavefno
hesitation in sayings that they have failed
to effect, these objects by that act, The
wording Of ttie act Creates too much doubt as
- az II E .az Ii IlQLsAA Eef zsr an