The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-05-10

all koo"n AieA l&fe hcnn bs aporsed irnM tet
sAeolA b0rs G u Crnrgtss ssA x passed erecting
tat0 ecea dstrin and authorizing the appointment
o. an ocr 10 Reside lhsrsAa i0r xryose a. suycrin
lending the coectsn u dnties Hl be Liable 10 duty
Nhea Texas was acquired in lsss r Secretary ~ the
Treasury confirmed this docun. ~ crcniar daeG gnly
-s tssA Again "a has been t4e unorm eGssom Of Com
foundation q e government pass law extenang the
revenue sysssnn the same sad appointing districts
ae ny uiss unless the Legislative aaAA ~ the govern
mfni deeaned necesssTy ihe Treasury Dagtsnrpy
Take for instance Rhode island and North Carolina who
had iaaed 70 ratty our present nl.sfuiun ssen fn
nue. AT a Juy ~ lssg fassea Aoa after ines haa
aqne 30 Aa We're Niisin te prglegts and oSes u lbr
Tnon II regarded necessary ex1rnd ~ special
acts she Inv vt HISS these And is
TACT incapable u refalAon thai merchandise brought
and no duties sougbt TO he collected into both hese States
e~een ite Tunes when they ratified the constitution ans
these sIosaa ACTS passed exsraane saad
over them Hee the action Of i< grs~ssi gorrnnehs
the a< 14rAwaHsr IN 17s AAmarAsa into tss rnaon
sna Epsrix was r~eA ~wsh~4a Mas~A f7g sxs~Ad-
ing the revenue iaWs over her and creating coiecs'on dis
1riels.
Louisiana acquirea b. treaty 90 soah Apsil lSo
and the revenue laws exenasd "a The 2<ts
fefra1y irca Now, il j. wel-auihrnsacaand ac that
goods not Gully tg inso Louisiana betwexn these
tfnes frse N sfTg hut within The Ins goods
ported from Louisiana % other parts ~ e Uaited States
compelled % yay dary from foreign country
ii will read the ahove-ngnse If February 2st
1904 be but he impressed from tie wording faa
Congress regarded Louisiana up that time altaeug part
o the domain Of ie inassa States for al purposes
foreign eoantry Florida aA poasesGs ~ by riF
OF the act of March sla which rsnsa the ncf
ring yat lie aws e1inaeG March
& ls2l The The history III Texas and 81 Ore
goa after the difficulties about bet bcuaaAres ses
lied From III III which Il s erideui tiat government
has its = fiscal Hrriis II has itg judicial limits and
taat both he created by lsw o
positive enactment II is sas fle isndi.g rnsrraadise
al San Francisco, isasnen. Of dnies pgssn.r
the merchants and people "a California; iar, Otherwise
vessels wala have been coneea lnre bsras entered
III Oregon established port "a entry ans lAcn
es mig have delivered iaear o4rgoos san Transoo
zUaST As5a
nj collecaea Al Saa Francisco Thss pos Sn
untenabse far he reason thai he Ira cn o The az q
1879 positively prohibits The landing OF any goods except
places anthorfzrd by law. That section reads thus
That aLa not b. Lawful to make entry o any ship o.
SCI which sha ARRIVE from any foreign port place shsn the
s, :" !. " ~, a. 81 s,. ~ % na =, unls
~ na-t n seiserT ep.b.bse s. sw prs~a~s s,.vs
fhl port Of entrs shall b. Also port of delivery
From this law ii vii be sern hou nieasie i the pcsl-
ton that ii the goods had been entered regularly
AlEshed orr Of entry they could tea have been ualadsn
ar san Trancscn The above section exIressIr sfids X
To re rid therefore og the inconsistent and unjust posi-
tion in which government would thus have placed
herself towards the people IN the absence q provision
extending the revenue laws California you
peeled take the sensible view that duii this done
duties could there be collected bat goods be ad
mitted into foreign eosniIys ree Of cufy; In other
words that the imposition of duties arbitrary. posi-
tive enactment exercise sf sovereign o~er and nust
he exFsrrss'
Bet fhe whole question has been argued By be mos,
ted Sts-ns the of Fleming Marshall James
Page eollscsor Philadelphia reported gth Howard
page sa3 The circumstances of thai siy1riy
nsse Fleming Marshall imported gooss from Tasnpicr
the Of Tamxulipas Mexico ls4T. maie tlia-
place IN possession Of troops IA the l4Ae The
American forces had ooniese coufro 0f thai port nsce
aeEEistsred 1hars cslsioFa-bsse established and
duties collected 81 uRde1 the military and nara auhor-
IL q Tie eOuntry They brgughi lie gcoaE . Philade-
under rruss and subsequently brought suf against
collector recover the same which appealed % te
Supreme Court The Supreme c0ur1 decided that the adj
SlnisAfre departments q me gc-prnmrrt have
recognised PLACE ~ newiyacqrired COUNTRY a inres-
pert from which the coGng srs3e lai-t b. carried
Unless 4 hac boea TrsvlST InAes = q A Aei q Con-
bv ruui; courts q tine United States and by this
court And Chic Jusface TAney, IN rendering thr oFin
iou of the court used the following Angnage
Therr wAs no act uf Congress establishing easton-
house TaTics, autAariEg the appointment az ed
lector and eensaeAg thare ocer Of The Uaiisd
ta, tsr -oas-ur ass 4 de earro i she manner a
rcrs By law where the rorage from enc PET q The un
rprnue uDnols rrrn By fhs
department a he government N efey case thai has come
Epcars 3 been ground for reg.rdag te place
-hrssrf ecsnese pert far sfter FLORIDA had been
cs~d the nat%d States and the orces st the tsstsd
state. had pos-Ssaen ~ fensaoeis aedcd By
Treasury Department thai soed imported re Pensacola
ta a.strs aud astsiss rso spginsrsrnt ef esiseiar
Liable 70 dHfytnAt ~ t3i theash tloriaa had by
Cur p.s~sssan vet, anar Laws i ports uu
regarded lsreign unsai they eaished domestic
~ rci n Cen1rc ad appear that hs decelar vas
saonoS the By ts Attorney General q the Un5sc
staes officer g ,he and although not
- Firtlr a,rlicAae the before a. The decisions
~ the Teasury ~artDenr relation Amelia island. and
ports LOusiana sfier -aa.a Prvvncr had been
rasp. rrnunds and ts the lstser cxsr. after
house had been established bs law at Ncv ef1csns,
that place tnrrcfef - reEzrr for
err srs Rouge and oaher sufarsents ssst tbs
ponscssiar II P@n. whether The HssiasSp bcrre. or
tl,c coast The department Instance tsxt
the establishment ~ the has r~cg
naeed place p new acquired cpunty aonesc port
frun which the cnasng trade might he carried UNLESS
had prsries-lr msae by sra ef Congress The prr
p5s adapted aud acted upon by the exccnre depart
government been sattoner BY the acfsirs
hcirr them We d. not propose comreni uson the
different cited The argument. u E rBfhcscrf
dsscrepascs bew~er them. A-a M " Aefa
- FOR tAes osyy n~ssn,as~ thar unar 4s
Jpu uhse sAs rs.~i suvs .s,asa eoaeros ss-rir
sgL~Aed ~ arf n CpgrrEF. aea hs ews grufia4 fby
ssr~anrs sr fsp,s.s wsr ~ aekasy rnd
rasf ~ "a, lasrs " ~ Ea-ses ssuzes-~
hare shown ~ e,er hind 81 authority thai ssrr
was Eam Ereoenf a. even reson Why hese duties
srac4ed IN lie svvcrsl ports ofCasornin hart r~r As
fe ereufs the TreaEarr Department and the ssls'ons
~ The Supreme Gourf opposed 70 il The ConclnFn
\ tes my miaa irresistible that d nwArTAu
"a sssafon ~ power which tfas government Onghf not
connssrauoe u1uch less 70 justify
The qnestion natarny nov arises, g whom should
te duties belong being thus lsgay exacod i i said
they be reVsis Rnrbedr should he e ~.
chants ~lsn paid duties gbs ztf e very SIR
flae nrranis s vnat 10 aa tlcss GHes
So sar fron they n1reaseF taxed tss dng = taeRrios
u he srtirle and be ecpnssfssev gp&orrr he persons
who rad firae agfies II loss tbe nsrylant Il
chased tAe goods They, sir the perous from whom
fese niies were ryarrehs men glr of and 1850