The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-07-16

Chamber OF COmmcrUe.
MOVEMENT TO SECURE TEE REFUHDMG OF THE DU-
TIES UPON GOODS DESTROYED BA THE GREAT FIRE
The Chamber Of Commerce was on Monday, at p. NJ,
In special meeting Peleah Peri Esq., the President in
the chair.
The CHAIRMAN stated the object OF the meeting 10 be
take action for the recovery OF duties paid goods
burned in the great fire Of ls46.
Mr.. BARsrow, from the committee on the subject ap
pointed at the previous meeting presented the following
report and accompanying resolutions
The committee 70 which was referred the preamble
and resolution in relation TO the bill pending in the
Congress Of the United State TO provide for the reundng
Of duties ON goods destroyed by fire. reportThat they
Of information have been within their reach That they
find unanimous concurrence Of judicial and legislative
opinion in favor Of the bill. That the merchants for
whose relief the bill is framed who were the original
Sufferers by the fro Of 1845 have not parted with their
claims but remain the parties to be benefited by the
passage OF the BILL That exaggerated statements OF the
amount involved have been made and although the sum
Is not important to- the principle, 1t is deemed proper to
state that the valuation under the bill in question will
exceed So O00 that the provisions Of the bill GO
neral and its passage will relieve future sufferers from
tedious and expensive applications to Congress for
They, therefore, recommend the adoption Of the follow
ing preamble and resolutions
The House q Representaves United States upon bill
to remit duties paid goods destroyed by fire the original
s S
lore endangering passage ana whereas, the
he eom%any sS ey the large
ns wS ~ I've are $
5 ss %
s a. on s
& IN ne and
claims still remain in the hands Of the merchants the sufferers
and the original claimants on the insurance companies the
Of cemmer &c Of the city of New
and ose repressnns s ey se and 1 ey
e @ M ne % T nsS
goods destroyed as before reeied and
Resolved Tina, Of The FOREGOING be transmitted to
each of the Senators from the State of New York.
The report was accepted and resolutions adopted.
Appended to the report the following of
arguments and references submitted by the claimants
the House OF Reprcsentatvcs:-The claimants under
House bill No 407 claim the return of duties paid
goods destroyed by the great fire in New York in ls45,
and subsequently in San Francisco upon the following
laid down the principle that the true intent
and meaning OF the revenue laws is to levy
ard collect duties upon such foreign goods only
as enter into the consumption Of the country.
In the.case OF Harott Bruno (vo O. page 6l9 How
ards Reports United States,) Mr. Justice Woodbury.,
in delivering the opinion Of the court the following
emphatic language:-The collection of revenue an
ait;e not existing would be an anomaly. Where a por-
ton Of shipment does arrive cannot be taxed on
any ground OF law or truth aud proprety, which Is the
case OF por lion being lost at thrown overheard
when consumed by fire or natural decay natural art
add to such unfortunate losses thu burden Of duty would
be an uncaled for aggravaton-would be adding cruelty
to misfortuneand not justified by any SCUM Du
ties should not be exacted On what lost much less
what never entered into the OF the community
But as Congress wishes to foster an honest and honorable
commerce by its laws no less than obtain revenue
neither true policy nor right OF depart neats OF the
country nor Is presumed to be their desire, to embar
rass mercant bu-iness when not attended by equivo
cation or fraud or TO throw doubt difficulties the
liberal course proper TO be pursued towards the commu
nifty in any branch OF trade Thinking as the Court Goes
that this il the liberal and reasonable course has
our full APP PROBATION Such construction has invariably
been recog by Congress its rule OF action when
appealed to, as shown by the special enact
mens from 1890 to the present time. (See citations
nexed) Finally the general law of March 2f, 1854,
adopts such as the fixed policy OF the government and
authorizes remission in future, without the further inter
position Of Congress. Duplicate importatons made
as double duty The act Of 2sth March, 1854 retro
active in It's effect 70 the date Of our present warehousng
only case not provided for.
Favorable reports been made on this case by the
House Committees OF Commerce OF the Thirtieh, Thirty
hrst and Thirty Congresses in addition to that OF
the present Congress- as also by the Finance Committee
OF the Senate. Bills for relief have passed both hous,s
but failed in concurrent action only from want Of time
The Treasury Department has endorsed the business OF
this claim and long advocated the general enactmen
embraced by the OF 2sh March, 1854 Mr. Secretary
Walker (Iage H. "Report on warehousng System } re
commencing ito cancel all bonds for duties where goods
are destroyed by fire." This the case in Great r ain
Here Congress generally refunds the duties in such
&c. has been satisfactorily shown TO the commtos
that all commercial nations invariably pursue such
poncy Many o. the gOOuS question nau only been itn
ported day, and many in rdnsu FOE rc-exports
on and entitled TO return OF the duties under the he1
existing drawback" laws The claimants ask the return
OF the duties paid upon such goods only destroyed
in their original and unbroken packages. imported
Such did not enter into the consumption OF the country
and justice and equity demand that the duties thereon
should be refunded The destruction OF the goods
upon the claimants without their being compel
ed 10 pay duties In addition The bin Is based upon that
Of 1888, RENTING the duties upon goss destroyed in
New York In 1885, and the stringent safeguards
embodied In II for the prevention Of frauds.
CITATIONS.
AcAar uox acodE ,.r In