Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1873-10-18
IHE CANAL BOAT MAR.



Of this Port, has furnished us with a
copy Of the letter, which Is one bearing
With great severity on the Secretary Of
the Treasury aud his subordinates. II
opens with the declaration that the
seizures of coal scows employed In the
Penns' lvania canals In carrying coal
from the mines to ports on tldewater
"made By officers OF the customs In
Delaware and New Jersey, without
authority of law, and In defiance OF the
DEGREES Of the Courts of the United
States" has become matter OF grave
coucern TO public and private Interests.
This class Of boats has been In
use In Pennsylvania for nearly forty
years, and until the present Sollcitor OF
the Treasury came into office IL has been
uniformity held by the Treasury Depart
ment that their construction and the
nature of their business excluded them
from the provisions of the act of 1898,
relating N enrolling and licensing ships
and vessels employed In the CosetlDg
Trade and fisheries. The first attempt to
apply 10 them the provisions OF this act
was made In 1S45, but efter the concur
rent opinions of Horace Binney. John X
Kane, and Geo. NJ. Dallas, had been
given 10 writing adverse to the claim, aud
had further been copcurred In by Hon.
Robert J. Walker, then Secretary OF the
Treas lry, the attempt was abandoned.
In 1860 second attempt of the kind
was made by certain Custom House off,
GERS In Philadelphia, who saws Mr.. Gibbons
attempted TO increase their perqulsities
of office by exactlng for themselves,
measurement and other fees amounting
TO about sixteen dollars on every boat, "
there being about 1000 such boats. The
late Chief Justice Chase was then Secret
airy of the Treasury, and amid all the
pressing duties then upon him, took time
to examine the matter thoroughly and
wrote letter to the Collector of the port
of Phi ladelphia, saying that though he
fonnd nothing in the law expressly ex
cepting this class of boats, they never
had been enrolled and licensed and there
were reasons why q compliance with the
laws relative to enrollmt Mt and license
on their part Is impossible. Secretary
Chase therefore instructed the Collector;
Gin the absence of some more specific
enactments of Congress in regard to
them, you will refrain from enforcing
the coasting and tonnage duty against
them"
In 1S70.7l, however, other seizures
were made, but one Francis Cass resisted,
and Instituted proceedings In the Supreme
Court Of Pennsylvania against those
making the seizure. and they were held
/ to bail 10 answer. This led to an agree
ment With the Custom House authorities,
with the coguizanee of the Solicitor OF
the Treasury and the Department, that
the question should be settled ludicially
by filing libel against one of the boats,
and 1t was further agreed that no more
boats should be seized pending the pro.
ceedings of tine court In this test case
On the faith of this agreement Mr.. g.
discontinued the suit for damages brought
by Mr.. Cass. The teet case was duly
argued by District Attorney Aubrey, II,
Smith, and his assistant, Mr.. Valentine
for the United States, and by Mr.. Gibboni
for the owner of the boat. The result was
a carefully prepared written opinion by
Judge Cadwallader dismissing the libel
The District Attorney took an appeal Il
the U. s. Circuit Court, which dismissed
II for want of Jurisdiction, the sum II
controversy being under fifty dollars
The decision was fual, and according Il
the agreement II ended the controversy.
In violation of this agreement the Col
lector of Perth Amboy was privately Ia
structed to make similar seizures. ant
after a great many boats had heen seizel
and much cost and Inconvenience In
CURED, the case was argued before Judg
Nixon and again decided against tn
United States, and no appeal was takei
from the decision.
Private instructions were subsequent
Issued to the Collector at Baltimore T.
, aelze boats Of slightly different class
and then again the matter came befor
the Courts and Judge Giles, of the U.
, District Court, decided the matter agains
. the United States.
Despite all these decisions and tn
, practice of the Treasury Department 70
, thirty years, the Secretary If the Treas
ury with. " says Mr.. g., an "assumT
tlou Of authority that | humbly subm
= has no parallel In American history,
a issued his mandate to the Collector {
Customs ct Wilmington, Del, recitli
2 the fact that such decisions had BEE
d rendered, but declaring that "This d.
4 partment does not acQuiese In the
i decisions, "and mentioning that an appel
e has been taken, ordering the collecto
! until the decision has been made on th
appeal. TO libel all such boats.
a Mr.. Gibbons then alludes to the Pres
: dents acquiescence In the more tina
i doubtful decision of District Judge
New Orleans. because he felt bound
\ respect the decision until legally nullifle'
q and then quotes the famous order
: Attorney General Williams to Marsh
Packard, OF Louisiana, to "enfoice Il
DEGREES and mandates of the Unite
= States Courts, no matter by who
- resisted" and then says that Il
< action of the Secretary, who scorI
;, all presidents, seeking no bett
e guide than his own will and grand
d announcing that he "does not aequiesl
!. in the decisions of the Coarts," instruct
= Collectors Of Customs TO treat them
X utilities, makes every Custom House
e seat Of petty rebellion against the Jud
e elal branch of the government. "This,
exclalus Mr.. Gibbons, ia not mut
9, better than firing on the American flag
e Mr.. Gibbons argues at some length
J.. show that canal boats are not liable
t, license and enrolment, and says that Z"
I'd the final decision and Judgment of d
I, proper court of the district, the collect
." has no more authority TO enroll Al
D, license boat of this class than he has
. enroll and license raft or a whei
IL barrow"
n The letter next asks, why should the
seizures be made In " ilniigtOn instead
at Philadelphia, within the district whe
Ss their owners live. He answers in I
IN words of the Declaration of Indepen
ht ence, for the sole purpose of fatigui
l., them into compliance with his measures
n The United States can gain no incoI
a from these proceedings. "The cOnso
II dated milk OF this cocoanut is measul
ca ment and other fees on a tho
90 sand boats or more, for
We benefit of d few individu
er in office, connected with his department
Of "The seizures at Wilmington have NJ
OF entirely stopped the carrying of coal
I'D that city from the Lehlgh region by tr
T. and tows; the boatmen having refused
"a. risk the loss of their time and EloI
Ill where Custom House flag Is a sym
d. of arbitrary power. Thirteen boats hl
rs: been captured at this place, one of tn
ed by the use OF a Revenue Cutter, VIII
'rs officers, led by the Collector, are said
have behaved with great gallantry, h
At ing boarded the boat reviewers
hand, and scared the only man
board out of his boots-a Penns
- vania dutchmau, who did not kn
ny what all the fuss was about until II '
.ne too late for effectual resistance. Eli
~ of these boats were released by the
~ lector for pecuniary considerations
~ torted from their owners. Another
ols has been seized twice for the same ale
offence by special instruction from
~ Secretary. On the first seizure, mad
iee few weeks ago security was given, |
ia. the boat released by order of the Dist
W Judge. Il is now In custody again, "
w. ~ all the personal effects OF the boatn
s ,R who had 1t in charge"
he Mr.. Gibbons then cites a numbel
ION decisions showing that such seizures