New-York tribune., 1876-10-12
HAW4IIIN IMPORTS.


CLAIMS OF BOSTON SUGAR MEN REJECTED
WAsHINGTON, Oct. 9.-Ihc Treasury Depart
mcnt ha, received ana considered sudry Appeals from
decisions of tie Collector OF Customs az Boston assessing
duty on sugars imported TO that port subsequent 10 the
act carrying into effect the treaty between the United
States and Hawaiian Islands providing for the free
entry Of certain products of those islands, including
sugar. on reciprocity basis The iIu Ioratons 10 which
the appeals refer respectively from Che Dominican
Eeuullic and from Porto Rico and the claim for free
entry Is based upon treaty sipua,ions with the respcc
tive countries from which the mpnrtaons are made 10
the effect that higher other duty shall be imposed
Oh the products thereof shall De imposed
the like articles the product Of any other foreign country
The caim of the appellants is rel ccd FOR reasons:
Ejsf Tho privileee NJ importing r OF duty certain
products Oi tn Hawaiian Islands D, based upon ltp
products OF thc United States, The products Of ein.
country entitled the beueis oi sucl reciprocity bong
specifically enumerated. No Suct CluutIdI,nh Us IouG
In cifcr of the existing treaties with ~ntO Domingo ana
SPAIN nor is tie department IN possession OF any lhl"
nation, official or otherwise when enables IL To ",tl
mine iu case it should decide 10 admit Huy particular
product Of either oi those countries now dnpe 10 nee
eutI Nto what extent or under WiaI cohci,oNs Hu3 '
10 what products he United states such privilege
would De rccpOcaed by them of either ol them ilct
there would be- no easonabc GROUND on etI'dulE 'a'
such rtcipr city would eyist oud the dulles oh ihe i
portaiiors n question msh' be- waived "ltAeu any cor
responding benefit % tho ctz or Government OF the
Uucd states.
second The treaty stgulations upon which such
claim Is based may perhaps bs construed 10 make II
optional with the respective governments 10 thc Stops
liShmeui or "a system OF rriIO'll srutr
10 tuat low existing between the HaNIn Islands AID
hc United states. bat cannot 100 the opinion Oi the de-
artmcut DE 80 construed 90 JUSTIFY The assumption
nat such system is by operation OF laws already cstap
lsnCd
Third The products OF the Hawaiian Islands are ad
m tied free not by Of The treaty alone, BAT hy
virtue o the act Of Congress passed expressly for the
purpose carrying inJO crct and prescribing the CON
ditOus under which Ouly 10 could become operative, Hud
nothing contained in the act which would justify toe
department IN extending the privilege OF said treaty To
ilLpOltatons from any other country.
AuOthor point made by the appellants Is that under
Section X of Article OF the Constitution OF the United
States the port of Boston Is entitled 10 all the adv
ages benefit given by any regulation Of commerce
or revenue 20 any port OF the United states The pro
vision Constitution referred 90 IS as follows: 30
preference shall be given by regulation of commerce
or the ports OF state those OF an
other" THIS point is overued by the department leay
fug the constitutional question: II any be involved, Or
Adjudication by the proper tribunal and the appellants
must consequently be remited their legal remedy
TO Congress- for relief In the premises 10 which they
MAY stil deem themselves entitled.