The dollar weekly bulletin. [volume] (Maysville, Ky.) 1862-1864, 1863-07-16

Judge Taney's Decision on the Treas
ury Regulations Respecting the In.
ternaI Commerce of Maryland.
Chief Justice fancy has just rendered an
portant decision in relation to the regula-
tions of the Secretary of the Treasury with
regard to theTnternal Comm cree of Mary
land. The claimant in the case 'wasGeorge
W.Carpenter, of Charles County Mary land.
He had purchased goods 10 Baltimore and
failed to obtain permit because re refused
to comply with the regulations prescribed
by the Treasury Department. Fbe goods
were therefore seized by the Collector. In
concluding his remarks and making his de-
cision, Judge fancy said:
Moreover, these regulations have no an
alogy to the rules and regulations which the
Executive Department may prescribsfo for the
government Of its officers ia carrying into
execution law of Congress. They are in
their nature and scope legislative acts,
changing the law as it stood before, not ac-
cordIng to the judgment and discretion of
the Secretary. They compel theinhabitants
OF particular portion of the State, where
the trade was formerly free, to. exhibit to the
of1cers of the United States an invoice Of
their purchase made for domestic use; COM
pei them to take oaths not required by any
previous law; to ask and obtain permission to
carry home what they haze purchased; to
pay the Collector Cor his permission, and in
tict as penalty, the forfeiture of the whole
of the goods mentioned in the permit, if the
Custom House officer is deceived in any one
particular. These are serious and i'm portant
alterations in the law, and if they caa con
stitutionally be made, it must be done by
legislative power, and not by an officer of.
the Executive branch of the Government,
whose duty is to execute the law, not to
make it; and ! think that Congress did not
intend nor attempt to organize the regula-
tons which the Secretary has prescribed, and
that the construction he has given TO these
laws is an erroneous one. .-.-.r s,E
But If these regulations had been made
directly by Congress they could not be sus-
tanned by court of ustice, whose. duty it is
to administer the law according to the Con-
stitution of the United States. For from
the commencement of the Government, to |
this day, it has been admitted on all hands,
and repeatedly decided by the Supreme
Court. that the United States have no right |
to interfere with the internal and domestic /
trade of a State. They have no right to
compel it to pass through their custom
houses, nor to tax it. This is so-plaiuly set /
forth in the Constitution that it never has |
been supposed to be open to controversy or I
4ueSiOu' OnuouOIeQly, the united OtateS /
authorities may take proper measures to pre- |
vent trade or Intercourse with the euemy.-
But it does not by any means follow chat |
they may disregard the limits of all their
own powers as prescribed by the Constitu-
ton, or the rights add powers reserved to
the States and the people.
civil war, or any other war, does nosen-
large the powers of the Federal Government
over the States or the people, beyond what
the compact has given to it in time of war.
state of war does not annulth tenth arti-
Gle OF the amendment to the Constitution,
which declares that if the powers not dele {
gated to the United States by the Genstitu
lion nor prohibited by it to, the States are
are reserved to the States respectively or to
the people," Nor does civil war; or any
other war, absolve the judicial department
rom the duty of maintaining, with an even
md firm hand, the rights and powers Of the '
Federal Government and of the States and
If the citizen as they are written in the Con- I
titution, which every judge isswonhfto sup ]
port. Upon the whole, the COURTS of t
opinion that the regulations in question are {
Illegal and void, and that the seizure ofthe l
FOODS of Carpenter, because ne refusedi to |
omply with them cannot be ssstainsd.-
Judgment of the District Court m dst5 there 5
ore, be reversed. and the goods delivered to t
ne claimant, his agent, or proctor. - ~. j
- | S