The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-08-19
THE NEW CUSTOMS DECREE:


The Commissioner of Customs and Municipal
Port Charges-How this Last Order 10
viowed at the Custom House-Secretarv
Boutwell, 10 be Appealed to.
good deal OF unnecessary excitement was
created In certain circles in this city yesterday by
the announcement that the Commissioner of Gus
toms at Washington had decided that the fees col.
lected by the Collector OF New York under State and
municipal laws are unconstitutional and that they
shall hereafter In instance be collected and tn
the erect OF this decision would be the adjustment
Of all fees except the following, imposed by the
United States:-A tax OF thirty cents per ton an
nually on vessels to the Collector OF Customs for the
different ports where they belong % we'll as fees for
necessary papers and United States Hospital money.
The following are mentioned as among the fees
ab0lished;-Harbor tonnage tax pilot, license and
halfpilotage laws port warden fee laws oyster ton
mage tax laws, State head money fee laws, State
hospital tax laws one per cent gross amount OF
freight laws ana quarantine fee laws
1t almost needless to state that this "decisi0n"
Will not In the least change the present mode Of COL
Letting the fees "under State and municipal LAVISH
for the simple reason that the Commissioner OF Gus.
toms has not been delegated with the power Of the
United States Supreme Court, to wit, that OF de-
Gliding what are and what are not unconstitutional
laws. The Custom House folks regard the letter OF
uotAuCtAVu w COueCtOT GTluuel hS EatueT d 8OOu
Joke not to put too fine point on 1t. 1t Is under
stood that Mr. Grinnell has written letter to the
Secretary Of the Treasury in which he calls his at
tentOn to the letter Of the Commissioner and asks
the closing paragraph OF the epstle really means
Collector that the Commissioner intended In his
letter simply to state that he believed the collecting
Of the fees "under State and municipal laws'' by
the United States Collector was unconstitutional,
and not that the laws which authorize the collec-
sion vi tnese iees are ACKNOWLEDGEMENTS. Anu tnts
hi
Legislature. which also passed the laws authorizing
their collection, and are therefore altogether beyond
the jurisdiction OF the Commissioner.
The fees which the Commissioner has reference to
In his letter were always collected by the Collector
most concerned. For instance:-On the arrival of q
vessel at THIS port the owners greatly prefer to pay
al the fees they are compelled to pay by either state
same time, than to make separate transactions Of
each Hence the practice OF the collection Of the
State fees by the United States Collector.
The decision Of the Commissioner wiz, - s.,,,u.
AFFECT the usual mode of collecting the fees n thn 70,
who are compelled TO pay them determine to agrss
wiz, rho Comm mat the laws are unconsIitn-
tona ahd Consequently refuse to pay the Collect p
states that ne not having any direct n.is goS
ment. But in such contingency the stase autnorl-
ties would certainly collect them In their own way,
which would, In the long run, be rather tnconvenl-
ent to those who would refuse to follow the old time
h0nOred practice.
full as o decision OF the United States Supreme
Court the retunding OF fees collected during years
gone by would amount to millions Of dollars 1t Is
the general opinion OF the Custom House authorities
that the Secretary Of the Treasury, who alone has
the right to instruct the collectors will sustain
the Commissioner IN the peculiar stand he has
TAKEN
1t is difficult to perceive how the Commissioner
cam by decree, abolish regulations provided Tor
by United States statutes, which ne Is appointed
simply to enforce. In one or two instances there
seems TO be some validity in his action, as in
the case OF cities whose municipal authorities may
nave levied tonnage fees upon vessels for the sup
port OF harbormaster, In which class Georgetown,
Is included. The Oyster law Of Virginia, enacted
during Governor Wise's term Of OfiiCe, may also
come within the range OF the Commissioners order
together with the collection OF one per cent tax on
certain freight collected IN some ports; but how the
Commissioner proposes to enforce his order which
In effect abolishes quarantine, the Board OF Emf
grafton and our pilot SYSTEM with other State nsti-
tuti0ns OF taxation, seems mystery
The State hospital tax and quarantine fees are the
principal means OF support OF those institutions;
and the state head money OF two dollars and fifty
cents. collected from each immigrant, amounting
last year to 1884 215 is the only source OF
OF our State Board OF Emigration. The receipts to
the State from pilot licenses, taxes, &C. amount TO
about $500 900 per year, and the other fees affected
by the order, although less in the aggregate, are
equally important, from the fact that they support
indispensable harb0r officers The harbor masters
quarantine and State hospital fees collected at
the Custom House by courtesy, and taxed by the
collecting. The pilot fees, port warden fees, &C.,
all collected by regularly appointed State officials
and contribute to the maintenance OF those officers.