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

Dahiic the colony OF province OF L0ui-
sizaa and BIZ trezfy between the
United States and the French Repab-
&c Of April 30. 1893. France eeded 10
the United States. forever and IN full
sovereignty. the said territory with
al is rights and appurtensnces.
with . provision (Art 81 that
the inhabitants OF the ceded terri
tory shall be incorporated In the Uni
on Of the United States. and admitted
as soon as possible. according 70 the
principles 81 the Federal Constitu-
ton This treaty was ratified DC
tober Fl. 1909 Possession Of the
territory vas not delivered BY Spain
10 France until November 30. 1893.
and by France 70 the United States.
December 20. 1893. In the meantime.
and on October 81. 1903. Congress
authorized the President to take pos
session Of the territory. and 10 adj
minister Il until Congress had fur
/ Their acted upon the subject e Stat
245-} On February "a 1904. Congress
passed another act. e Stat 251.)
taking Louisiana within the Customs
+ Union. and repeating certain special
laws laying duties upon goods i'm
ported from that territory into the
United States This act was 10 take
effect March %, 1904. We are then
concerned only with the interval be-
tween December 20. 1903. when pos
session was delivered to the United
States. and March 25, 1904. when the
act Of February "a took effect.
In a letter to President Jefferson
Of July 8. 1903. Mr.. Gallatin. then
Secretary Of the Treasury. expressed
the opinion that all the duties on
exports. now payable at New Orleans
by Spanish laws. should cease and
all articles the growth Of Louisiana.
which. when imported into the United
States. now pay duty, should continue
70 pay the same. or at least such
rates as would on the whole not afYcct
the revenue. writings of Gallatin.
vol. l. page 1919
The instructions of the Treasury
Department with respect to this in
teryai are contained a letter by Mr..
iaiiatin TO Governor Claiborne. who
vas about to start for his post as
| Governor of the new province. under
late OF October 5. 1903. in which he
SAYS; 1t is understood thss the ex--
sung duties on imports and exports.
when oy the Spanish law are now
T, ieYled within the province. will con.
unue until Congress shall have other
wise provided" On November Ia
1903. Mr. Gallatin issued an order
directed to Mr. Trist. who had heen
fascinated as collector of the port of
NeW orleans, as follows: you win
also De pleased to observe first thar
me taxes and the duties to be col
iected under your direction are nra-
,lseiy the same which by the existing
Jaws and regulations of Louisians
We're demandable under the Snanieh
government at the time of taking nos
session. 10. That until Other.
wise provided for. the same dpt;es a-o
10 De collected on the imporfafion os
goods in the Mississippi district
rom New Orleans and vice versa as
heretofore" o. ss
On February 2S. 1904, Mr.. Gallatin
1'luea a circular notifying the collect
oIs Oh tne passage of the act of Feb
.uary "a. and that the same would 90
INTO eject March %. and that nv the
.niru section of said act so much of the
iaN OF laws imposing duties on the inn
poItations into the United States al
goods. wares and merchandise from
New Orleans. which is the only port
Oh entry in said territories. has been
repealed. . eeN
Ahese instructions undoubtedly show
that Mr. Gallatin treated New Orleans
as foreign port until Congress nv
the act OF February "a 1904. admitted
within the Customs Union. and 81
far. IS an authority in favor OF the no
sitioa taken by the collector in this
case. But il should be borne in mind
IN this connection that his instructions
e collect duties levied by the Spanish
law, upon foreign importations intf
New Orleans is manifestly inconsistent
with the position subsequently taker
by this court in Cross V. Harrison
supra. wherein It is said ID. 1897 of the
action Of Mr. Harrison in California:
That war tariff. however. was aban
doned as soon as the military goyerno,
had received from Washington infor
nation OF the exchange and ratifca.
ton OF the treaty with Mexico. ana
duties were afterward levied in con
formity with such Is CONGRESS had i'm
I ENsNA 1tFC1 A0AFASu tftCl CA4uNlSE III
ported into other ports OF the Unites
States. Upper California having beer
ceied by the treaty to the UniteS
States.
After saying that this action hag
been recognized by the President. Mr.
Justice Wayne adds:
We think il was q rightful and cor
rect recognition under all the circum
stances. ana when We say rightfai vi
mean that II Was constitutional. 81
though Congress had not passed an &c
to extend the collection Of tonnage ans
impcgt duties 10 the ports of Callfor
! MA
; Indeed. Il is quite evident from thi
case that the court took an entirel'
: different view % the relations Of Cali
fornia 10 the Union from that whicl
! had been taken by Mr. Galiatin as q
, louisiana in his Instructions 60 tn
collector Of New Orleans
Florida. Florida was ceded by SPAN
4 the United States By treaty signe.
February =. 1919. but not ratified unti
October -. 1ss0. IS Stat 2s1 BY &C
| Of March 5. 1871 Is Stat s3T.l Cor
srezS authorized the President 20 TAX
possession Of the Fiorldas ard exteni
thereto the revenue laws 81 the Unitel
States. Possession of East Florida va