Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1883-07-07

eign country. All emigration, above de-
lined, is attended with the chance tha the IN
teniion may afierward (that is after actual re-
movaD be changed. This chance does not
affect the character of the sci, nor do cir
cum.tances on spec ulation that such chance
may occur, or if even a resolution thai upon
certain contemplated contingency the
party about to emigrate will return
upon change of government or upon
q loss OF his health, etc, eject the validity
of the emigration otherwise bona fde. l sup
pose the case NAV ofien be The same with eI-
portstions as shove defined, contingent
change IN the stale Of the market, by which
it may be profitable to bring them back. The
immediate bona fde purpose, we'll as the
act, however, being 10 seek foreign market.
This would, nevertheless, be 40 expectation,
and, upon The return, of course, an imperta-
ton. Nor would .ucn expectation be de-
festei By an incident preserving he identity
OF the goods; but il The only purpose were
TO obtain for time the advantages which
some foreign port gives for improving the
spirits, and in the meanwhile of escaping
some home revenue regulation upon domes-
tic spirits, aud acquiring alter return the
| same home revenue privilege appropriate to
Aoreigu spirits, submit that the statutory
. requisites for such effect wonld be wanting. /
say s. aiuiory requisites, for l admit that il
these requisites are duly complied with, they
must have their due statutory eff,c and
there would in such c,se be no ground for
suggesting fraud. l c.nno: say that the
variations above amount to more than
| evidence OF expor.a-isn or the clnrary.
The mere carrying OF goods abroad IL
| of course strong evidence tnat Iney are being
| exported, whether proof or not Is another
| mailer. l suppose you dc not wish more
| discussion, weight or direct testimony than
| is contained 10 this variation. II questions
shsll be made hereafter in the courts upon
| the msiters under consider alton, neither
| party will take any advantage from what
| may be said upon them here; and iu closing
/ il may be we'll to expires, what no doubt is
row understood but msy be forgotten, that
| the government will not be bound hereafter
| BY any part of this discussiou that may then
| be seen to De ill-founded. There is not hing
10 this opinion, or, suppose, in any other
/ par. of the ;rsnssctiou, which the ow wneTs in
| question can rely upon as having the force
| of estoppel or contrsct in Gaze the govern
| ment shail then be b tier advised TO lis
rights. This opinion has No force whatever
exc pt as advice by ole department to an
other in a future contingency, as 10 which lat
| ter he Department very properly wishes 10
warn citizens whose iniere.ts therein are
| very lfrge. With every disposition TO tres;
the owners OF these ppirits with
perfect csndor, i, must he recoilscted that
| d. f ireness, under the circumstance, is unat
| tsiusb!e, and that il is ut in the power q
the officers Of the government to rAnmel
| the discretion with which, in the interests
OF he public, these Transactions will other
! vice have to be considered, or the freedom
with which accordingly they must otherwise
be treated. When the proposed "exporta
tiol." and importation shall have happened
the present statements aud discu ss,on will, o
course, go TO show disposition to deal fairly
upon II part of these owners, and for thai
they must always have credit, rut no en-
gag-ment or embarrassment will come o
what is said upon The part of the govern
ment.
S. L. PHILLIPS, Solicitor General.