The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1900-04-22

ostrilttions 10 customs officers:
Treasury Department. October g lsAs
IN the goth OF May last upon the eN-
chang, OF ratidcations OF orr treaty Win
Mexico. California Became tart OF tno
American Union. in consequence OF whlsl
various questions have been rrfsentsu.py
merchants ana collectors for the dscisioh
OF this department..
II is declared ihat all treaties mace, o.
which shall be made under the authority
Of the United states. shall be the suprensSS
law of the land BY tho treaty Win
Mexico california is annexed to this ne.
public. and tine constitution Of the uhte1
States is extended over the territory ana
is In full force throughout ITS limits toh
Erfss also. by several enactments supse-
quent to the rathcations OF tne ueats,
have distinctly recognized California as
part of the Union. and have EXTENDED
over II. In several important PARTICULARS
the laws OF the United States. -
Under these circumstances. tne tolioW-
Ing Instructions are issued by this depart
ment:
l. All atIcles of the growth. produce,
or manufacture Of California, shipped
therefrom at any time since the 9Oth May
last. are entitled to admission s nee Oh auty
into all ports of the United states.
2 All articles OF the growth. produce
or manufacture of the United States are
entitled to admission free OF duty INTO
California. as are also all foreign Roous
OF congress. or on which goods the duties
prescribed by thess laws have been paid
10 any collector Of the United states prs
vious to their introduction into CalitoFpia.
B. Although the constitution OF the
United States extends to California, and
congress have recognized II by law as a
part OF the Union. and leSlslated Tor IL
as such yet IT is not brought BY law
within the limits Of any collection aia-
trict nor has congress authorized the ap-
pointment of any officers to collect the
revenue accruing on the import of foreign
dutlable goods into that Territory IN
der these circumstances although thls
department may be unable to collect the
duties accruing on importations from for
eign countries into California, yet, II
foreign dutiabe goods should be intro
duced there and shipped thence to any
port or place of the United States. they
will be subject to duty. as also to all
tbs penalties prescribed by law when such
importation is attempted sTlthout the pay
mcnt Of duties.
During the progress of the Mexican wal
President Polk in 1Sl7 imposed war tariff
n California. On February 3. 1siS. the treaty
" pace was concluded; May 80, 1s4S, ratiii-
,ations wre exchanged; August D. lS4S, as
soon as he was notified of the exchange OF
affiliations. ths military governor Of Cail-
ornia substituted the tariff Of 1916 for tbs
war tariff: September 3. 1S4S, Harrison. q
,ivilian. was appointed collector of San Fran
'iseo by the governor: March 3, 1912 Sar
Francisco was included In collection ais
riot and on November 49, lS4D. Collier was
appointed collector by President Polk Tarin
iuties were paid by Cross and others between
8. 1913. and November IL. 1873
It war RATS. until the fall OF 1915, and after
wards under the act of 1896 Upon these
'acts suit was instituted by Cross and Others
o recover the duties paid by them. and. II
lnaily determining the ease. The suprem,
court hid
/. Until the date of the exchange of rati
At,,,r ~, h, 1ttff arF lou
'ullv collected under the war Of belligeren
power
.. The imposition of the duties provided
ty the tariff Of 1916. after the exchange o
rasiicaiions was, lawful AMI constitutional ON a.
J. BY the exchange of ratiflcations can
'ornia became part of the United State
and was instantly bound by the tariff laws
liz United states.
4. BY the exchange of ratincations of tn
treaty the constitution was extended owe
California without congressional action am
the provision OF the constitution as TO tn
uniformity of imlort duties applied to Cal!
tornia
This case tCross vs. Harrison IS How
ard. 16D conclusively settles the question, an
efforts have been made to quail
ify 1t by insisting in effect that the- tariff
Of 1sl6 was put in operation by the pre7idcl
tnder the war power. That President Poll
did not so understand 1t appears from nj
message from which l heretofore quoted, il
which he said that the temporary govern
lnents established by the military com
mander "by virtue of the rights of war
ceased to derive any, oblisatory force fron
Of ratIicationV OF the treaty. ard that hi
subs sduent action was under the very lin
tied power possessed by the executive, evi
IDENTIFY referring to his authority to see tina
the civil laws were executed under the EN-
barrassing conditions.
1t Is too significant to be misunderstood o
dlsregarded that after final ratification of tn
treaty the civil tariff was put in operaio
and a civil officer was made collector. Thi
action of the president was declared by ID
court to be-
rightful and correct recognition under all
the circumstances: and when we say right
full we mean that IT was constitutional,
although congress had not passed an act
10 extend the collection of tonnage and
import duties to the ports OF California,
That by the exchange of ratihcauons OF IN
treaty California became part of the Unite
States. over which the constitution and Law
becam9 instantly operative, without an eN
press act of congress Is thus pointedly an
emphatically decided by the court
Hy tn rattlcGuons Of the treaty Cali
fornis4 Became a part of the United States
And MS there is nothing differently stipu-
lated in tho treaty with respect TO COM
merce. it became instantly bound and
privileged ny the laws when congress had
passed to raise revenue from duties on
IMPORTS and tonnage. IL was bound b.
of March, 1929. The fair Interpretation
Of the second member of the first gen-
tence of that section is that ships coming
from foreign ports into the United States
were not to be permitted to land any
part OF their cargc7s in any other than
in a mort of delivery, coufned then TO
the ports mentioned in the act. after
wards applicable to all other places which
might DO made ports of entry and deliv-
cry. and excluding all right to unload
any part Of the United States which had
not been made collection district. with
ports OF entry or delivery. The ninety
second section Of that act had four OBJ
jects in view:
First TO exclude foreign goods subject
to the payment OF duties from being
brought into the United States, except
in the localities stated. otherwise than by
sea; next that they ware not to be
brought BY sea in vessels of less than
thirty tons burden; and third to subject
to forfeiture any foreign goods which
might BIO landed at any port or place in
the United States than such as were des-
iguated by law, fourth. to exclude the
allowances of drawback of any duties on
foreign goods exported from any district
IN the United States otherwise than by
sea and In vessels less than thirty tons
burden. The sixty-third section also OF
that act directing when tonnage duties
were TO be paid became as operative in
California after its cesson to the United
States as 1t was in any collection dis
trct.
The acts OF tho 2oth Of July, 1890 q
Stat H. 1870. chanter S0l. and that OF I'd
of March 1893 q Stat. L.. go. chapter 22l
were also of force In California with
out other special Hesitation declaring
them to be so. IL can not very well be
contended that the words entered the
United States" give an exemption from
them on account of the word entered. be-
cause shin has been brought into a port
in the United States where an entry car
10. ~, Al.s..n IA. Al