The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-03-18

Products From the Latter Admitted
Free of Duty Upon Its Acquisition.
opinfcn~ From, the state Depart
ment rs We'll as Learned Judges.
REPRESENTATIVE Gaines Of Tennessee has
unearthed some very Interesting official
correspondence, showing the policy of the
Government in dealing with the Terrific
~ of Alaska Immediately after the ac-
QUESTION Of that country by treaty with
Russia Mr. Gaines contends that Porto
Rico is exactly on the same footing
with Alaska.
Speaking On the subject with a Times
reporter, Mr. Gaines said last night:
The treaty by which We acquired Alas
ka was proclaimed June 20, 1861. Follow
ing the departmental rule and Law pro
mulgated by the Administration OF PreSl-
dent Polk as TO our California territory.
and upheld by the Supreme Court in
Cross vs.. Harrison, reported in l6 How
ard, Mr.. Secretary McCuIIoch as early as
March >. 1858. directed that:
81 -FuTs from the Hawaiian Islands in
American vessels. certified by 4 resident
United States consul as products Of Alas
ka, procured by American whaling YES
sells in Alaska. the landing of which was
a mere incident to transportation to the
United States. are admitted to entry free
of dlty-' synopsis Of Decisions Of the
Treasury OF the United States, March ..
1861
AT later date CApriI 6 1863. the fol-
lowing official letter, directing that Alas
kan oil be admitted free Of duty, was is
sued:
Treasury Department.
april Is, 1865.
&c Sir Your communication of Februa-
" is received, reporting upon the let
ter Of the Secretary Of State relative to
the request OF the Russian Minister for
the free entry OF certain oil shipped from
Sitka for San Francisco ana reshipped
thence TO your port IN bond.
.. The request for the free entry OF said
oil was made on the ground that the oil
was shipped from Sitka after the ratii-
cation Of the treaty by which the Terri
tory of Alaska became the property Of
The United States
. The treaty in question was ratified on
the 10Th day OF June, 1865. and the colIec-
tor Of San Francisco has reported that
the manifest Of the vessel shows the oil
TO have been shipped from Alaska on
.the 9th day OF July, 1867, and that the
shipment consisted of Efty-twO packages.
Under these circumstances You are
hereby authorized to admit said fifty-two
packages of oil TO entry free Of duty
please report your action under these
instructions. ? an, very respectfully,
HUGH AIcCCLLOCH, Secretary.
H A SMYTHE. Esq,
Collector, New York
Here are two holdings OF the Secre-
tary Of the Treasury, following the judg-
ment of the court in the Cross-Harrison
case and the rulings Of the Polk Admin
istration upon the same subject, and upon
which the opinion in this case was based
Our commerce laws with Indian tribes.
enacted IN 1894, the law Of Alaska. &C
quired thirty-three years thereafter
Mr. Secretary Seward. IN 1863. gave off
cial instruction TO General Schofield, then
Secretary Of War, TO the effect that the
act Of 1884 was the law Of Alaska the mo-
ment We acquired that territory. and
without any new legislation, citing and
approving the Cross Harrison case We
have here, then. not only our revenue
or tariff laws but our commerce laws
with Indian tribes applied TO this new
territory.
The following is Mr. Seward's letter:
Department of State,
Washington, Jan 90. 1893
Sir: haye ,Ie honor TO acknowledge