Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1863-06-30
The Permlt sxstem.


ton of the Collector of Customs here to
suspend the customary fee for permits
until the Treasury Department at Wash
iugton shall hsve been beard from in
reference to the recent decision of the u
8. Court here, which was that there was
no authority for the permit system as it
iscarried on. In the meantime, permits
will be granted without the customary
charge, in order not to Interfere with bu-
Stuess, as without these permits the
Baltimore road and the Adams Express
Company would not feel justified in receiv-
ing goods, being under bonds to that effect
The points embraced in the discussion of
the permit system were, in very brief syn.
opsis, these: In order to get the merits of
the system before the court, two indict
ments were found against Collector Horn
brook, by the United States Jury for ex-
tOrtiOn. The Collector appeared by his
Atty, Mr.. Peck, and demurred to the indict-
ments, one of which Was for exacting fee
of 20 cts to take a mower from this city
to the county of Marshall; the other for ex-
acting a like fee for leave to take barrel
of salt from here to Bellair, Ohio. The
demurrer raised the question whether the
Collector of Customs had q right TO grant
such permits, and exact such fees. The
district Attorney insisted that no one had
a right, under an act of Congress, aided
by the rules and regulations of the Treasu-
~ Department, to grant permits in any
case, unless to take goods, wares and mer-
ehandise from loyal portion of the Unit
ed States to favored inhabitants of the dis.
loyal portion, or to bring merchandise or
articles of value from loyal inhabitants of
dislOyal portions of the country, into Sec
tionS not in rebellion. All the power to
grant permits was derived from the 9Th
section of the act of 1861. That section
confined the power of permits as above
stated, and gave no power to grant
permits for commerce between citizens of
states, or any citizens of different states
not declared by the President to be in
state of instruction. The forty-eight
counties Of West Virginia are recognized
by the President as loyal, and, therefore,
in no wise subject to permits by custom
house officers in either Ohio or West Vir-
giniR, or elsewhere; nor are the people OF
Ohio subject 10 such permits. It was also
commended by the District Attorney that
even Congress had not tie power to au-
thOrizs such permits for commerce be-
tween citizeusIOf the same State, iuasmuch
as the power to regulate the internal com
merce of State was not granted to the
National Government, and, therefore, be.
logged exclusively to the State Govern.
ment
1t was also commended that the Act o
May Goth, 1862, permitted no authority
for such permits. That act was mer,
grant of power to prohibit commerce uude
given circumstances, not to permit It..
These and other points were deliberately
discussed by the District Attorney and Mr.
Peck. The Court was of the opinion tina
she permits were without any authority o
Law, and that the rules and regulations o
the Secretary of the Treasury were null
and void, SO far as they warranted the is
sue. of permits by civil officers of the ma.
tiOnal government, aud, therefore, over.
ruled the demurrer of the collector of Cus
toms to each Indictment. The Court va.
also of opinion that Congress had no pow.
E. er over the internal commerce of State
The foregoing is, as We said in the ont.
set, brief synopsis OF what was a very
interesting andelabOratS discussion. The
Su6ject-mattes is of so much general in.
te7eSt that We deem this summary due to
our readers on both sides of the river
What action the Secretary of the Treasu.
3 ~ will takein view of the virtual suspsn.
sion Of the permit system here, remains to
be seen.
Gen. Pope.