The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-08-11

act % March ). 1s4I
Az apInicn oe Mr.. Wiz. then Arror-
ney General. OF August -. 1871. IN TIE
case CT The Olive Branch. tZOpz. ATTY.
Gen 4sSl Is Instructive In this con
1eStiC1 aE Illustrating the views Of the
administration After stating that pos
session Of East Florida Was net deliv-
cred until July II q mistake for July
l9l. he held that the cargo Of the Olive
Branch, which had cleared from the
port Of ST AugnstEn July "A. was i'm
ported into Philadelphia from q for
sign port or place, and consequently
subject to duty. because possession
had not been delivered. citing the case
Of The Fama il Oh Rob. 81 and ad-
ding:
~0n the other hand. apDrehend
that goods imported into a port OF
Florida before the delivery. remaining
in part on shipbozrd until after the
delivery. and then brought into the
United States in the same vessel or
by tralshipment into others. having
never been entered IN the Spanish
custom houses, nor landed, nor the
duties thereon paid or secured. but
having continued all the while water
borne. would be subject TO our reye-
nue. laws Our laws impose
duties only on goods imported into the
United States from some foreign port
or place. II, therefore. in the case
put, the importation be. in contempla-
ton Of law. an importation from the
FloTidas. the case is not within our
laws: because at the time of the inn
portation the F1oridas were not for
eign ports or places.
The learned Attorney General evil
identity took the view that the Floridas
ceased TO be foreign country upon a
eliyery CT possession under the treaty.
In subsequent letter OF January "a
1928. Is Ops Atty. Gen. 74S.l Mr..
Writ admits that he had been misled
by the newspapers in the belief that
East Florida had been surrendered
prior to July Il. on which day the
Olive Branch left St Augustine, and
recommended that the case be sent TO
the President. as il seemed to involve
q dispute with Great Britain.
Texas: On March 1, 1915. Congress
adopted a joint resolution consenting
to the annexation of Texas upon Ger
. tain conditions, g Stat 1872 but II
was not until December %, 1S45, that
. it was formally admitted as a State
g Stat 1857 In this interval. and on
July 30. 1S45. the Secretary of the
Treasury isaued a circular letter di-
recting the collectors to collect duties
upon all imports from Texas into the
United States until Congress had fur
, Their acted. OF course there could be
no question that Texas remained for
. leign state until December %, when
she was formally admitted. The circu
lar. therefore. is of no pertinence to
the question here involved
California: California was coded by
Mexico to the United States by treaty
signed February 2, 1913. notifications
of which were exchanged May 80. 1913
and proclamation made July 4. % Stat
922.)
On March 8. 1s49, an act was passed
" Stat. 4O0,) including San Francisco
within one of the collection districts
: land on November 13 the collector ap
! pointed by the President entered upon
, This duties California had been in oui
! military possession since August
| lIS47. There was therefore an inter
val of one year and nine months be-
tween the date of the treaty. Febru
. airy 8, 1913, and November Is, 1S49
I when the collector entered upon his
Iduties.
On October Z. IS4S, Mr.. Buchanan
then Secretary of State, addressed q
, lletter to Mr. Vorhies, already referred
Ito. in which he states that, although
1.-THE military government ceased to ex
, list with the conclusion of the treaty
) | of peace. it would continue with the
) presumed consent of the people unit
! Congress should provide for> them 9
T territorial government, and then adds;
, This government de facto will. o.
I course, exercise no power inconsistent
, with the provisions of the Constitution
of the United States. which is the su
: Dreme law of the land. For this rea
5 son no import duties can be levied II
: California on articles of growth. pro
1 duce or manufacture of the United
. States. as no such duties can be i'm
) lposed in any port of our Union on tbs
4 productions of California Nor car
/ new duties be charged in Californii
5 lupon such foreign productions as have
1 already paid duties in any OF our port
0 of entry. for the obvious reason tina
I California is within the territory o
D 1.-THE United States shall not enlarg'
|. upon this subject, however, as th'
e Secretary of the Treasury will perform
THAT. duty EEK. Docs. I'd Sess. S0ti
+ Cong. vol l. p. 479
T l. Mr.. Walker, then Secretary OF thi
: Treasury, did perform that duty in
: lcircular letter of the same date to thu
d collectors, in which he instructed tn
+ collectors as follows:
l. First. All articles Of the growth
i lproduce or manufacture Of California
d shipped thereffom at any time sine
n 1.-THE S0th day of May last. tthe dat
d when the ratifications we're exchans
ed care entitled to admission free o
duty into all the ports Of the Unite'
:. states: and, second. al articles Of tn
growth. produce or manufacture OF IA
: United States are entitled 10 adnis
r lsicn free OF duty into California, a
e are zs-o aii foreign goods which ar
I Iexempt from duty BY the laws OF Con
{ zress. or on which goods the dutie
d prescribed by those laws have bee
: paid to any collector Of the Unitei
States previous TO their introduction
5 Into California GEbid. p 459
= He adds that foreign goods importe'
! Isnto California. not paying dutie
3 there. win be subject 20 duty II ship
Q ned thence TO any port or place In n
e United States In letter nom al