The following is the text of the Russian-American treaty:
The United States of America, and his Majesty, the Emperor of all the Russias, being desirous of strengthening, if possible, the good understanding which exists between them, have for that purpose appointed as their plenipotentiaries, the President of the United States, William H. Seward, Secretary of State, and his Majesty the Emperor of all the Russias, Mr. Edward de Stoekl, his Envoy Extraordinary and Minister Plenipotentiary to the United States, and the said plenipotentiaries, having exchanged their full powers, which were found to be in due form, have agreed upon and signed the following articles:
Article I.His Majesty, the Emperor of all the Russias, agrees to cede to the United States, by this convention, immediately upon the exchange of the ratifications thereof, all the territory and dominion now possessed by his said Majesty on the continent of America and in the adjacent islands, the same being contained within the geographical limits herein set forth, to wit: The eastern limit is the line of demarcation between the Russian and British possessions in North America, as established by the convention between Russia and Great Britain, of February 28 (16), 1825, and described in articles third and fourth of said convention in the following terms: Commencing from the southernmost point of the island called Prince of Wales’ Island—which point lies in the parallel of 50 deg. 40 min. north latitude, and between the 131st and 133d deg. of west longitude, meridian of Greenwich—the said line shall ascend to the north along the channel called Portland Channel, as far as the point of the continent where it strikes the 56th degree of north latitude. From this last mentioned point the line of demarcation shall follow the summit of the mountains situated parallel to the coast as far as the point of intersection of the 141st degree of west longitude of the same meridian, and finally from the said point of intersection the said meridian line of the 141st degree in its prolongation as far as the Frozen Ocean. With reference to the line of demarcation laid down in the preceding article, it is understood—first,that the island called Prince of Wales’ Island shall belong wholly to Russia, and now, by this cession, wholly to the United States; second, that whenever the summit of the mountains which extend in a direction parallel to the coast from the 56th degree of north latitude to the point of intersection of the 141st degree west longitude shall prove to be at the distance of more than ten marine leagues from the ocean, the limit between the British possessions and the line of coast which is to belong to Russia as above mentioned—that is to say, the limit of the possessions ceded by this convention—shall be formed by a line parallel to the winding of the coast, and which shall never exceed the distance of ten marine leagues therefrom. The western limit, within which the territories and dominion conveyed are contained, passes through a point in Behring’s Strait on the parallel of 65 deg. 30 min. north latitude, at its intersection by the meridian which passes midway between the island of Krusenstern, or Ignaalook, and the island of Ratmanog, or Noonerbook, and proceeds due north without limitation into the same Frozen Ocean. The same western limit beginning at the same initial point, proceeds thence in a course nearly northwest through Behring’s Strait and Behring’s Sea, so as to pass midway between the north-west part of the island of St. Lawrence and the south-east point of Cape Choukottki to the meridian of 172 deg. west longitude. Thence, from the intersection of that meridian, in a south-westerly direction, so as to pass midway between the island of Attou and the copper island of the Koranddorski couplet or group in the North Pacific Ocean, to the meridian of 193 deg. west longitude, so as to include in the territory conveyed the whole of the Aleutian Islands east of that meridian.
Art. II.In the cession of territory and dominion made by the preceding article, are included the right of property in all public lots and squares, vacant lands, and all public buildings, barracks, and other edifices which are not private, individual property. It is, however, understood and agreedthat the churches which have been built in the ceded territory by the Russian government shall remain the property of such members of the Greek Oriental Church resident in the territory as may choose to worship therein. Any government archives, papers, and documents relative to the territory and domain aforesaid, which may be now existing there, will be left in possession of the agent of the United States; but an authenticated copy of such of them as may be required will be at all times given by the United States to the Russian government, or to such Russian officers or subjects as may apply for them.
Art. III.The inhabitants of the ceded territory, according to their choice, reserving their natural allegiance, may return to Russia within three years; but if they should prefer to remain in the ceded territory, they, with the exception of uncivilized tribes, shall be admitted to the enjoyment of all the rights, advantages, and immunities of citizens of the United States, and shall be maintained and protected in the free enjoyment of their liberty, property, and religion. The uncivilized tribes will be subject to such laws and regulations as the United States may from time to time adopt in regard to aboriginal tribes of that country.
Art. IV.His Majesty, the Emperor of all the Russias, shall appoint, with convenient dispatch, an agent or agents, for the purpose of formally delivering to a similar agent or agents, appointed on behalf of the United States, the territory, dominion, property, dependencies, and appurtenances which are ceded as above, and for doing any other act which may be necessary in regard thereto; but the cession, with the right of immediate possession, is nevertheless to be deemed complete and absolute on the exchange of ratifications, without waiting for such formal delivery.
Art. V.Immediately after the exchange of the ratifications of this convention, any fortifications or military posts which may be in the ceded territory shall be delivered to the agent of the United States, and any Russian troops which may be inthe territory shall be withdrawn as soon as may be reasonably and conveniently practicable.
Art. VI.In consideration of the cession aforesaid, the United States agree to pay, at the Treasury in Washington, within —— months after the exchange of the ratifications of this convention, to the diplomatic representative, or other agent of His Majesty, the Emperor of all the Russias, duly authorized to receive the same, —— million dollars in gold. The cession of territory and dominion herein made is hereby demanded to be free and unincumbered by any reservations, privileges, franchises, grants, or possessions, by any associated companies, whether corporate or incorporate, Russian or any other, or by any parties except merely private individual property holders; and the cession hereby made conveys all the rights, franchises, and privileges now belonging to Russia in the said territory or dominion and appurtenances thereto.
Art. VII.When this convention shall have been duly ratified by the President of the United States, by and with the advice and consent of the Senate, on the one part, and on the other by His Majesty, the Emperor of all the Russias, the ratifications shall be exchanged at Washington within —— from the date hereof, or sooner, if possible. In faith whereof the respective plenipotentiaries have signed this convention, and thereto affixed the seals of their arms.
1. Treaties have been made from time immemorial between rulers and nations for the purpose of promoting the interests of one or both parties in their commercial relations, or to secure allies in war; but the kind of treaties mentioned at the head of this section are of modern origin; and shows strongly the progress of nations toward a substantial unity of interests and of discipline.
2. The security of society demands that when men commit a crime in one place they shall not be able to find a safe asylum to which they may fly whenever the retributions of the law,which watches over the welfare of the citizen, threaten to overtake them. The readiness with which criminals can pass from one country to another since steam has made travel so speedy and pursuit for any long distance so difficult, increases the evil. When criminals fly to another country they cannot be punished there, since their courts have no jurisdiction over a criminal from another nation, unless the act was committed in the country where they were established; nor are governments usually willing to deliver an individual on accusation only, unless there is an express stipulation, or treaty to this effect, between them. To overcome the difficulty a treaty was made in 1842 between this country and England, in which it was mutually agreed that each country, on the demand of the government of the other, should give up criminals of certain kinds named in the treaty, when these after the crime had fled into their jurisdiction. It worked well, since it multiplied the chances of punishment, and tended to check crime.
3. Subsequently, treaties of the same kind were made between the United States and the following countries:
The time is probably not distant when treaties of this sort will be made between us and all the civilized nations of the world; for the intercourse between us and foreign nations is greater than ever before.
The effect of these international arrangements is to render the perpetration of crime more dangerous than it would be if they did not exist. Flight from the country where the crime was committed was formerly one of the most effectual methods of escaping the penalty. But extradition treaties, Atlantic cables, and land telegraphs, have nearly spoiled this game.
3. An extradition treaty, then, is a mutual agreement between two nations to deliver up, each to the other, upon demand and proper proof of criminality, such persons as have committed crimes in one country and then fled to the other, that they may be taken back, tried, and punished where the offense was committed. But these demands for escaped criminals can not be sustained if made for every crime whatever. They will only be complied with when the crime is one which is named in the treaty itself. These crimes, upon examination of a number of such treaties, we find to be: 1. Murder, or an assault with an intent to commit murder. 2. Piracy. 3. Arson. 4. Robbery. 5. Forgery, or the uttering of forged papers, or the making or circulating counterfeit money, either paper or coin. 6. Rape. 7. Embezzlement, and 8. Burglary.
4. It should be observed that a mere demand for an alleged offender is not sufficient. Proof enough to convince the judge before whom the case is brought must accompany the demand. He must be satisfied that the party demanded has committed the alleged offense; when this is done the judge reports his finding to the Secretary of State, whose duty then is, under his hand and seal of office, to issue the final writ of extradition; after which the criminal may be taken out of the United States (by force, if necessary), and back to the country where he committed the crime, there to be dealt with according to the laws which he violated.
5. In some of our extradition treaties it is expressly stipulated that neither party (government) shall be bound to surrender its own citizens, or any person for merely a political offense. In others it is agreed that the provisions in the treaty shall not apply to cases where the crime was perpetrated before the treaty was made. This plea, we think, would be held to be a good defense in all cases, whether so stipulated in the treaty or not.
6. The treaties between different nations for the surrender of criminals are so analogous to one of the provisions contained in our Constitution, that to insert it here will give the reader aclear comprehension of its meaning. It is found in the second section of article 4, and reads thus:
“A person charged in any State with treason, felony, or other crime, who shall flee from justice, and be found in another State, shall, on demand of the executive authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime.”
1. These officers, called Consuls, are employed by most civilized nations, all those at least who have an extensive intercourse with foreign countries, and they are recognized by the Law of Nations as being clothed, when acting in their official capacity, with the authority and inviolability of their respective governments. Their place of official business is protected by the flag of their country, an insult to which renders reparation or war necessary to maintain its honor. Consuls are agents of their governments, but most of their duties have reference to the interests of private citizens who may be within their Consulate. There may be a great number of them in one country, and they are usually located in the seaports.
2. The Constitution provides that the President and Senate shall appoint all our Consuls. The President signs their commissions, which bear the great seal of the United States, and which prove to the government where they are sent that they are duly appointed and authorized to discharge the duties ofConsuls at the ports or places to which they have been appointed.
3. In order to show the nature of a Consul’s duties, such as the laws impose upon him, we will state the substance of several acts relating to this subject.
1. Whenever a vessel belonging to a citizen of the United States arrives at the port where he is stationed, it is his duty to receive the ship’s papers, and to see if they are all correct.
2. It is his duty to provide for sick, disabled, and destitute American seamen, and to send them home by some vessel going to the United States.
3. He must hear the complaints of seamen, and settle disputes between the captain and men; and for good cause he may discharge the whole ship’s crew.
4. It is made his duty to receive and take care of the personal property of any citizen of the United States who has died within his Consulate, and to send any balance which may be left after paying his debts and necessary expenses, to the treasury of the United States, to be held in trust for the legal claimants. He must also give notice to the Secretary of State of the death of such person.
4. For the purpose of carrying out and executing certain treaties made between the United States and China, Japan, Siam, and Turkey, Consuls to those countries have been empowered with judicial functions. They were allowed to act as judges, and to try and punish citizens of the United States who had committed crimes there. These, however, were extraordinary powers in special cases, and by no means common to the consular office.
5. In the absence of a minister or diplomatic agent of the United States, the President may authorize a Consul to perform the duties of such foreign minister; but these powers are rarely conferred on them. Their ordinary duties relate to commercial affairs, and to such as are before stated.
6. A Vice-Consul, or deputy Consul, is one appointed to act temporarily in case of sickness or absence of the Consul.His powers, while acting, are the same as those of the Consul in whose place he acts. Every Consul is required to give bonds for the faithful performance of his duties.
7. Our commerce has been extended to almost every part of the globe, and for this reason we need a great number of these officials. Their services are required at all great seaports, and at many smaller ones. The compensation varies according to the amount of business to be transacted by them, from $7,500 down to $500. Some do not receive any salary, but are allowed the fees they are authorized to charge for their services.
8. It is his duty to give his government and countrymen all such information as he possesses in relation to the laws and practices of the country to which he is sent, which it would be important for them to know; and especially is it his duty to look after the interests and welfare of his countrymen when they are within his Consulate, and to see that no wrong or injustice is done to them by the people or government where he resides.
1. These are written documents, in due official form, signed and sealed by the proper authority, to convey official information, or serve as a means of protection, and to readily distinguish the American Citizen abroad, or to give a permission or authority to go where those not having passports are forbidden to go. The passport conveys authentic information to whom itmay concern, to what nation the bearer of the passport belongs; and second, to protect him, and secure to him all the rights and privileges which the government has a right to claim for its citizens by virtue of any treaty of amity and friendship existing between it and the country whither its citizens may go.
The passport informs the world that the bearer of it is a citizen of the United States, and that he travels under its protection, and that it would demand and exact satisfaction of any one who wronged or injured him who bears such credentials.
2. In the United States, the Secretary of State is the officer authorized by law to issue passports. He has the authority also to cause them to be issued in foreign countries by our foreign ministers and consuls, under such restrictions and rules as may be designated by the President. This is allowed as a matter of convenience to our citizens who happen to be in foreign countries without them; who need their protection, and who would be subjected to much delay and expense by going or sending home to procure them.
Passports are not granted to any other than citizens of the United States, whether issued by the Secretary or by any diplomatic or consular agent of our government.
3. Besides these passports, which are given only to our own citizens when in foreign countries, or who intend to go there, there is another kind issued to foreigners who wish to go among the Indians in the Indian territory, or on the Indian reservations. Indeed, our own citizens are not allowed to go among them without permission. But foreigners cannot go without a passport from the Secretary of War, which specifies the route over which the bearer must pass, and the length of time he is allowed to remain among them. This is done to prevent unfriendly foreigners from fomenting mischief, or from exciting unkind feelings towards our government or people. Such unfriendly feelings have been created by foreigners, and we have often experienced the bitter fruits of it, especially in times of war.
4. Still another kind of passports is used in this country,and should be noticed under this head. They are passports for American ships or vessels. When they are about to sail for a foreign port, the laws of the United States require each to procure one, under a penalty or fine of two hundred dollars upon the master if he departs from the United States for a foreign country (other than some port in America), without it. The passport is prepared by the Secretary of State and is approved by the President. This is given to the master by the collector of the port from which the vessel sails, and is one of the ship’s papers, by which her nationality is known, and her protection shown to be that of the United States.
1. If the Executive Department that has charge of the public moneys is not highest in nominal rank, it certainly does not hold a less important and interesting place in the estimation of the country and of the world than the Department of State. Every part of the government is dependent on this for its efficiency. It is the heart of the country. The in-and-out-flowing of the tide of money from the central point marks the pulses of the nation’s prosperity. Especially has this been the case since the Civil War, and the immense developments and changes that followed it. The banking system, making the Treasury responsible for the issue of all the hundreds of millions of bank notes used in the business of the country, adds immensely to the importance of the United States Treasury.
2. The management of this Department is committed tothe Secretary of the Treasury. He is selected for that office by the President, and when his nomination is approved by the Senate his appointment takes place. He holds office during a presidential term, unless sooner removed. He is a member of the Cabinet and one of the President’s advisers.
3. The financial policy adopted by the country depends very much on his views on that difficult question, and the interests and wealth of millions on the ability and integrity he possesses. He is therefore chosen on account of his real or supposed qualifications on questions of finance.
He is aided in his duties by an Assistant Secretary, a Comptroller and Second Comptroller, five Auditors, a Treasurer and his assistant, a Register and his assistant, a Commissioner of Customs, a Comptroller of the Currency and his deputy, and a Solicitor of the Treasury. All these have their offices in connection with the Treasury Department at Washington. In several of the large cities are sub-treasuries, each presided over by an assistant Treasurer, where public funds are received and disbursed. The Treasurers of the Mints are also, many of them, Assistant Treasurers of this Department. All these are appointed by the President and Senate in the same manner as the Chief Secretary.
4. The sums of money actually handled, and the accounts of all moneys received and disbursed without passing into the vaults of the Treasury, amount to many hundreds of millions annually, and require the constant service of some hundreds of clerks. These all need to have clean hands and pure hearts, which is, unfortunately, more rare among men of all classes than could be wished. Yet the whole is reduced to so accurate a system that a loss at any point immediately produces a disturbance in the whole machinery, and a short examination suffices to reveal the point of difficulty and the person responsible for it. Accordingly, losses and defalcations are seldom experienced in or near the central point of the Department. If they occur, which is sometimes the case, it is usually some officer at a distance who is found to be at fault, whose sphereof operations lies far from the centre and only occasionally passes under scrutiny. Each has his separate sphere of duties which no one else interferes with, and assumes his own responsibility; and probably no other institution in the world loses less in proportion to the amount of money involved and the number of persons handling it.
5. Every account must be carefully examined and approved by the proper officer before it can be presented for settlement and the money paid out, and whatever moneys may flow in, none can flow out but according to some law of Congress definitely appropriating it.
All officers having the handling of public funds are required to give security for the faithful discharge of their duties. This must, by the requirement of the law, be done before they can enter their respective places.
1. Revenue, or the income of the government, is derived from various sources. A tax—or duty, as it is often called—laid on goods imported into the country, is one of the most important. It is easy for a government to manage without producing a very sensible effect on the people, and has been a favorite mode of raising a revenue with nearly all governments since commerce became general.
2. The sale of public lands has, in this country, been a source of large revenue; though the desire to encourage emigration and develop the unsettled parts has led the government to sell them for a nominal sum. Still, these lands were so attractive and extensive as to sell rapidly and produce a considerable income. The Post Office Department has been a source of income, in great part supporting itself. Duties paid on the tonnage of vessels, the forfeiture of goods smuggled, orintroduced into the country without paying the lawful tax or duty, and the forfeiture of vessels used in that unlawful trade, prizes taken in war, and fees required to be paid to various officials when their services are employed, are minor sources of revenue.
3. When all these are not sufficient, as in time of war, or when an immense war debt is to be paid, direct taxes are laid on the property and business of the country. This is called
and is borne with more or less patience, according as the people regard the end to be gained important. The revenues of the States are mostly derived from this source. They are not allowed to raise their revenue from foreign commerce, since that would be a tax on goods liable to be paid by the people of another State.
4. The necessity of laying large direct taxes does not, in this country, often arise in case of the General Government; but during and after the gigantic Civil War between the North and South, when enormous expenses had to be met, and the credit of the government sustained, the direct taxes became very large indeed. In 1861 Congress passed the “Internal Revenue Law,” by which twenty millions of dollars were to be annually raised from direct taxes on houses and lands in each of the States and Territories.
By subsequent acts not only houses and lands were taxed, but almost every sort of property and business. Licenses were required for persons to carry on their profession, trade, or business; incomes were taxed; deeds, mortgages, notes, bonds, bank checks, and papers of almost every kind were invalid unless they had a revenue stamp upon them. Manufacturers had to pay a certain per-centage on whatever they made. Scarcely any calling, trade, profession, or business escaped it, directly or indirectly.
5. To carry out these provisions, the whole country wasdivided into Revenue Districts, corresponding, so far as convenient, with Congressional Districts. An officer of the Treasury Department, called the Commissioner of Internal Revenue, was appointed, charged with the duty of preparing instructions, forms, blanks, stamps, and licenses, to be used in the collection by the multitude of minor officers employed, and of overseeing the whole work. Each district had its chief officer, and his deputies, assessors, and collectors, by whom the money at length reached the Treasury at Washington. It created an army of officers to be paid. It was laid aside as soon as possible, and taxation made less onerous and expensive. The remarkable prosperity of the country at that particular period made it easier to bear. Direct taxes laid by the General Government are more economically collected by the State or local officials, in all ordinary cases. This was a very extraordinary and pressing one, and the people were so eager to put their debt in the way of extinction that it was endured with much patience for several years, when most of this cumbrous and costly machinery was laid aside.
6. The vast war debt, the large number of government officers employed in attending to the interests of so large and prosperous a country, the support of the army and navy, the great number of foreign representatives and agents of the government, and the public works necessary for the development or protection of the country, make a large revenue indispensable.
7. It is best when the people are free and intelligent that they be governed as little as possible—or rather that they govern themselves as much as possible, and that as few officials as may be live on the fruits of other people’s labor. There must necessarily be an army of them, at the least; but such arrangements should be made that public expenses may be reduced, to the lowest point, and republican simplicity everywhere reign.
The principle and habit of public economy should be earnestly insisted on, since the handling of immense sums of public money is much more demoralizing than the acquisition ofprivate wealth in legitimate ways. It is a strong temptation to men of weak moral character; and private property is more likely to be carefully used and economically expended than public funds. The smaller the revenue, consistent with the general development of the country, the better.
1. Duty is a term used to designate a sum paid by foreign merchandise coming to our country for sale, for the privilege of entering and being offered to purchasers. Tariff is a rate, or scale, of duties.
2. Ever since intercourse has become frequent between different nations commerce has been occupied in effecting interchanges of the products and industries of each country with others. Each country has peculiarities that specially fit it for the production or manufacture of some article, or list of articles, which others would be unable to produce, or would produce at greater inconvenience and expense, and which is of high value to all, or many of the others. The social principle has proved to be of extreme value to the improvement of men, and to their happiness; and we might say that, in this unequal distribution of capacities in the lands, and the races who inhabit them, the exercise of the social principle, on a broad scale, was made, by nature, indispensable.
3. Each nation, then, devotes itself to its special features of production, and exchanges its surplus with others for what it wants of their different surplus, to mutual profit. Just as A is a farmer, and raises grain, while B is a mechanic. Each has a natural adaptation to the business he pursues, and each needs what the other produces. So they exchange, and each has the full benefit of the success and different genius and resources of the other. Commerce is the same in principle, and interchange becomes constantly more extensive.
4. Government naturally regulates commerce because it is one of the general interests of the country. It finds an indefinite amount of foreign merchandise waiting to enter to be put on sale. It was long ago discovered that here was a convenient mode of producing a government income without disturbing the people with a constant demand for money to pay its expenses. Whatever foreign goods had to pay for permission to enter, was quietly added to the price afterward, and so the people paid their taxes to the government in an indirect way in the form of a Duty. They pay the price asked, if it be within their means, without knowledge, or thought, of what part goes to the government, unless they study the subject carefully.
It has always been the case, then, that a government could get all the money it wanted, from this source, in ordinary times, with very little trouble. That mode is naturally a favorite with them. Whether it is the best way for the people is another question, which has been, at different times, very warmly debated in our government. It is not our place here to take up the argument, but it is worthy of a careful study by the people.
5. A Tariff of duties is established to carry on the government. There is another object that has had many advocates, and has quite commonly exerted an influence to raise the tariff on some things. It is stated in the preamble, or introduction, to the first act passed by the first Congress, on this subject, July 4th, 1789, “Whereas, it is necessary for the support of the government, for the discharge of the debts of the United States,and the encouragement and protection of manufactures, that duties be laid on goods, wares, and merchandise imported.” It was considered important to protect and encourage our manufactures, by putting so high a price on the same kind of foreign goods that ours would have the advantage and sell at aless priceor greater profit.
This might have been a wise measure, in the early days of the country, when there were few manufactures. Whether it has been so since, or is so now, is not so clear.
6. Every man should make up his mind what is right and best and act as he sees to be most for the general good. It has two disadvantages. It embarrasses the interchange that we have described as so profitable, and under a high tariff sometimes practically forbids it. It is unsocial, and we declare by it, that we will, so far as possible, live within ourselves, and have as little to do with our neighbors as we can. Besides, it is our own people who have to pay the duty, mainly, if they use the foreign goods; or the higher price on domestic goods if they buy them; so that one class of the people, that is, the mass of them, pay another small class large sums to manufacture what might be bought from foreigners with less money. It is a fine thing for the manufacturers, but not quite so fine for those who buy them, unless they feel like making their countrymen a present for every piece of goods he will manufacture for them, beside the proper cost as made by others.
It has the advantage of encouraging industries of different kinds; and has been believed to contribute greatly to the general prosperity in that way. Some think it best to let all those things arrange themselves, and leave each nation to bring us what they can produce cheapest and sell them more of what we can produce cheapest. They believe this is the secret of prosperity, besides being more social. It is a question to be carefully examined. It seems probable, that, in the end, all nations will agree on this policy, and raise their revenue in some other way. It is perhaps too soon to expect that, as yet.
We have never been without a tariff, though there has been much discussion in Congress, and between parties, whether it should be protective or not. So it has often changed from low to high and back again. The necessities of our war, and the heavy debt, made it important, in the highest degree, to raise all the revenue we could, and the subject has not been much discussed for many years.
7. The Duties are mostly collected in the cities, and, as foreign goods come mainly by water, in the seaports of the country. Duties are often called Customs, and the places wherethey are collected Custom Houses; and the officers Custom House Officers. These places are located in ports along our sea coast, and there are some thousands of custom house officers of all grades. The buildings erected by the government have cost many millions of dollars. The larger part of the duties are collected in the great seaport cities, as Boston, New York, Baltimore, New Orleans, and San Francisco.
Places, designated for foreign vessels to present their goods for examination and collection of the duty, are called Ports of Entry. If they are delivered at some other place, where there is no custom house they are called Ports of Delivery.
8. Congress alone has power to lay these duties. There are two modes of imposing them; sometimes one and sometimes the other being adopted, according to the views of the Congress legislating. They are called specific and ad valorem duties. Ad valorem means, according to the cost, and is counted on the cost in the country the article comes from. Specific duties are so much on the article, without regard to the cost. On many things imported there is no duty, and they are called “free goods.”
Changes are continually made in the tariff to conform to the requirements of the Treasury, the desires of the people, and the changing views of the legislators.
9. When the duties on foreign goods have been paid, and they are afterwards exported, the duties which have been paid are refunded to the owner. The money thus paid back is called a drawback. All imported goods are entitled to drawback whenever they are taken out of the United States.
take money out of, instead of putting it in the treasury, yet the government in a few cases has allowed bounties upon exported articles. Fish taken by American vessels, refined sugar and distilled spirits made from imported sugar and molasses, are examples. This was done to encourage domestic industry and enterprise.
A Comparative Statement showing the Customs Revenue, Amount of Dutiable and Free Goods Imported, and the Average Rate of Duty on Imports, every year from 1821 to 1871, inclusive.
* The percentages in these columns are approximately, not absolutely correct, owing to the fact that the rates are computed upon the value of merchandise, etc., imported, instead of the value of goods entering into consumption in the respective years.
† These amounts do not include imports into the Southern ports during the war, from which no revenue was derived, namely, in 1861, $17,089,234; in 1862, $90,789; and in 1864, $2,220.
11. Tonnage designates the capacity of a vessel for carrying goods, which depends on the tons of weight it can receive, and is computed by assigning so much space, in height, length, and breadth, to each ton. A revenue, additional to that raised from the goods brought in vessels, is produced by a tax on the tonnage, or carrying capacity of vessels.
It is laid, not only on foreign vessels, trading with our seaports, but on our own vessels; a distinction being made so as to produce protection in favor of our own commerce and ship-builders. This also is paid by those who buy the goods brought in these vessels; since whatever duty is laid on the carrying trade must be made up by the higher price of the article brought. It is a way of levying taxes without directly calling the attention of the people to the fact.
12. It is worthy of careful consideration whether the country would not gain as much, by removing all these embarrassments to commerce with other countries, and different points on our coasts, as has been gained by free trade between the different States. The Constitution forbids taxes to be levied on inter-State commerce, or trade, and the country is undoubtedly the gainer by such a provision.
In 1790 a tonnage duty of 50 cents per ton was laid on foreign vessels, and six cents on American vessels. During the Civil War the tonnage duty was raised ten cents per ton on both foreign and American shipping.
Tonnage is collected only once a year by the collector of the port where the vessel happens to be.
1. The Tariff, or Scale of Duties, laid by the Laws of Congress, on goods brought from foreign countries, requires to be paid when they are first introduced; or we might say,beforethey are introduced. All these goods are stopped as they approach the boundary line, oronthe boundary line, and carefully examined; and they can go no farther until the duties imposed by Congress are received. When they have “passed the Custom House” they may be as freely sold as goods produced at home. No government officer has any right to interfere with them. They have paid the duty and have the freedom of the land. If they, by any chance or effort, get in by any other way, they are treated as stolen goods, and may be seized and confiscated. However much they may have cost their owners, however highly they may prize them, however unquestioned was their ownership before they passed the limits of the country, if they are introduced by any other than the Custom House Door, all right and title to them by the former owners ceases, and they become the property of the government.
2. So carefully is this point guarded that not only are government officers provided for the sole purpose of watching against this illegal introduction of goods, but a premium is offered to unofficial persons to secure their aid. Any one who can point out (and prove the fact) goods of any kind, liable to duty, that have not passed the custom house, and paid that duty, is entitled to half the value of the goods; the other half belonging to the government. Smuggling, as bringing goodsinto the country without paying the duty is called, is held to be robbery of the government, and ranks as a serious offense; and it really is so, as long as the government produces its income, or part of it, in this way. The law makes it part proprietor in the property until its claim is settled. Besides, to take from the government is to take from the people; since they must make up, in some other way, for what is subtracted in this.
3. To secure this payment of Duty, then, a large number of officers of different grades are appointed, not only to examine the goods, determine the amount required to be paid, receive the money and keep all the accounts connected with it, but to take care that all the goods, of whatever kind, that are not permitted an entrance free of duty, shall duly pass examination, and be “entered,” as it is called, at the custom house.
4. The Head of these officers is the
He superintends the Customs Bureau in the Treasury Department. He is nominated, and, with the consent of the Senate, appointed by the President. All the accounts of officers employed in the collection of duties on imports pass through his bureau for examination and adjustment; he prepares the forms of all papers used in this department of the revenue; directs the form of keeping the accounts; brings suits when necessary for the recovery of money due from officers of the department; and makes a report of any neglect of duty to Congress. A complete summary, therefore, of the past and present condition of the customs department may be found, at any time, in his office. With so perfect a system of supervision it does not matter how extensive the organization may be. No confusion is possible. There are more than 30,000 persons employed Under this officer; and they are scattered through the whole country where there are Ports of Entry or Delivery, as well as keeping guard along the whole coast line and frontier of the United States; yet they are under as complete discipline andsurveillance as the army or navy. This bureau was organized in 1849; its business having previously been under the oversight of the First Comptroller of the Treasury. It has general supervision of the conduct and accounts of all customs officials. The highest in rank below this are
5. Wherever there is a Port of Entry a Collector is appointed to superintend the collection of duties, receive the money, and transmit it to the United States Treasury. He is the principal officer of the Collection District connected with this Port, which often embraces several Ports of Delivery, and is required to see that all is properly conducted in his district. He receives his appointment directly from the President and Senate, and is removable at the pleasure of the President.
6. As, in ordinary times, the most of the revenue required for the support of the government is derived from Customs, this is a responsible office. Great care is required to secure the services of competent and faithful men, and the bonds they are required to give are large. He nominates the subordinate officers connected with his custom-house, and the Secretary of the Treasury appoints them, if he sees no objection.
7. The Collectors take care that all the goods, on which Congress has imposed a duty, pay the amount due. To this end he often requires one or more deputies. The entire commerce of the part of the country falling in his district, with other countries, passes under his examination. He receives all reports, manifests, and documents required to be exhibited by all vessels, domestic and foreign, on their entry into his port, and all accounts of all the goods they have on board. On these he must estimate the duties, receive the moneys, or bonds securing their payment, and grant all permits for landing the goods. He transmits, quarterly, all the moneys collected in his department, with an accurate account of all the transactions of his office during the quarter, to the Secretary of the Treasury. These accounts pass to the Customs bureau, and the money to the Treasurer of the United States.
8. His duties, as described in the previous section, make him acquainted with all the imports of the country, in his District or Port. He is also required to examine the manifests of all the vessels, and the accounts of their cargoes, that leave his port for a foreign country. This secures a knowledge of all the exports of the country. It is his duty to give clearances, or permits, to all vessels leaving for foreign ports. It is unlawful for any vessel to depart without this document. A ship’s clearance can be properly given only when her manifest, or detailed account of the quantity, kind, and value of her cargo is ascertained to be correct.
9. We give the form of a ship’s Manifest, and also of a Clearance.
“Report and manifest of the cargo laden on board of the ____, whereof ____ is master, which cargo was taken on board at the port or ports of ____, burthen ____ tons, built at ____, in the State of ____, and owned by ____, merchants at ____, and bound for ____.”
This, together with a particular description of the marks and numbers of every bale, box, case, barrel, bundle or parcel on board of the vessel, is the manifest. It must be given to the collector of whatever port the vessel arrives at; and the master of her must swear that it is in all respects a true and accurate account of all the cargo on board, to the best of his knowledge and belief.
10. The collector of the port can then compute the duties to be paid upon each article, and when these are paid, or secured to be paid, he gives permits to land the cargo, and deliver the goods to their respective owners. Then come in the duties of weighers, gaugers, measurers and inspectors of the customs, after permits are obtained to land the goods. If they are such as require to be weighed, gauged, or measured, these officers are sent to do it; and the inspector must allow nothing to leave the ship until he has examined the marks and numbers, to see if they correspond with the permit and the manifest. If hesuspects that there is an attempt to defraud the government by false names and marks, he is authorized to open the package, box, case, cask, or whatever contains the goods, and to examine them. In this way smuggling is prevented, and the revenues arising from duties on imported goods secured.
This document is couched in the following terms:
“District of ____, Port of ____, ss.
“These are to certify, to all whom it may concern, that A. B., master or commander of the ship (brig, barque, schooner) burthen ____ tons or thereabouts, mounted with ____ guns, navigated with ____ men, ____. ____ built, and bound for ____, having on board ____, hath here entered and cleared his said vessel according to law.
“Given under our hands and seals, at the custom-house of ____, this ____ day of ____, one thousand ____, and in the ____ year of the Independence of the United States of America.”
This is signed by the collector and by the naval officer of the port, when the commander is prepared to depart with his vessel to his destination.
11. The compensation of collectors is not all given in the form of a salary, but in part the fees for services rendered, and part of the forfeitures of smuggled goods. In the larger ports it is enormous, but in the smaller ones is often insignificant. It is a common mode of doing business of this kind, and is supposed to stimulate the activity and secure the faithfulness of the officer in preventing frauds on the government. The working of this plan is sometimes complained of as inspiring an over-officiousness embarrassing to trade and unnecessarily annoying to importers; and as producing too great an inequality in incomes. It is difficult to make a system quite perfect. Whether this admits of improvement remains to be seen.
12. Are next in rank and authority to the Collectors. Theyare appointed in the same manner and receive their compensation in the same way. The Surveyor’s duty is to superintend the inspectors, weighers, measurers, and gaugers in his port; to visit all vessels arriving in it; make a detailed report of them to the Collector; and examine all goods entered for the benefit of drawback.
13. Of a port, is another of the superintendents, appointed to oversee the collection of the revenue. His appointment depends on the President and Senate, and his compensation on the amount of business done in his port, in the same manner as the Collector and Surveyor. His duties are, to some extent, parallel to those of the Collector; or he may be called a local examiner and auditor of the Collector’s work and accounts, for the sake of accuracy and correctness. He receives copies of all manifests and entries, and computes the duties on all goods, keeping a separate record of them. He must countersign permits, clearances, certificates, debentures, and other documents issued by the Collector. He examines the Collector’s accounts, bonds, and expenditures, and certifies to them, if correct.
A great number of deputies and employees are required to carry out the details of the collection of duties, since the entire amount of imports into the country are required to be carefully examined.
14. Are employed to guard against smuggling. They are vessels of small size, some steamers, and others sailing vessels, properly manned and armed, of high powers of speed; and are stationed as a coast guard near the ports, and lines of ocean travel, to prevent the landing of imported goods before they have paid the duty. Their officers are appointed by the President and Senate.
They look after all the ships going into any port, or any that may approach the coast; board them when within four leagues (or 12 miles) of the coast; examine the manifest of the cargo and every part of the vessel; put proper fastenings on thehatches, to prevent unlawful communication with the hold until the Custom’s officers have discharged their duty; and place a watch on board to remain until the vessel is delivered into the charge of the proper revenue officer.
15. They are revenue officers, and under the control of the Secretary of the Treasury, and the Collectors at the ports near which they are stationed. In case the President judges it best, they may be called on, at his direction, to coöperate with the Navy, and, in case they are disabled in the discharge of their duty at such times, are entitled to be treated in the same manner as officers and sailors in the Navy.
16. These vessels carry a pennant and ensign with such marks on them as the President may designate. If any vessel liable to seizure refuses to bring to at the direction of the commander of the Cutter, he is authorized to fire into it after having shown his pennant and ensign, and compel it to submit to be boarded and examined. Much depends on the vigilance of these revenue cutters, as the sums paid on goods imported amount to a great many millions of dollars, and want of due precaution would cause the income of the government to be defrauded of large sums.
The commanders of revenue cutters report all matters relating to their duties weekly to the Collector of the port.
1. The United States mint, located at Philadelphia, is one of the most important establishments of the government. An act of Congress, passed in 1792, was the first step towards its creation. Its design was, and its principal business has been,to coin the precious metals into money. It has been for more than eighteen hundred years the usage of civilized governments to coin their own money. Ours, at a very early period of its existence, began to do the same thing, and will probably continue to do it as long as it shall exist. Before the art of coining was known, the precious metals were used as a standard of value, but they passed from one to another by weight. The plan of cutting them into small pieces, and then stamping their value upon them, by which their worth could be known as soon as seen, was an improvement upon the former mode. This process is denominated coining. It has of late been brought so near perfection that our pieces of money are fine specimens of art.
2. The officers, who manage and conduct the operations of this establishment, are a Director, a Treasurer, an Assayer, a Melter and Refiner, a Chief Coiner, and an Engraver. They are all appointed by the President and Senate in the usual manner. The director appoints the assistants and clerks.
All must give bonds for the faithful performance of their respective duties upon which they enter under oath. The duties of these different officers may almost be known by the names they bear. The director is the head of the institution, and the others act under his general direction, each having his appropriate duties to perform. In the month of January of each year the director must make a report to the President of the operations of the mint and its branches for the preceding year.
3. Any person may take gold or silver bullion or ores to the mint and receive it back in coin, for a very trifling expense. Before it is coined, after its value has been determined by the assayer, the director will give a certificate for it, which is of the same value as the bullion deposited.
4. We have stated that the principal business at the mint is the conversion of the precious metals into coin or money. But this is not its exclusive business. Another part is to melt and assay these metals, and to run them into ingots or barseither of pure or standard gold and silver, according to the wish of its owner.
Until 1835 the mint at Philadelphia was the only establishment in the United States for coining money. But in that year a law was passed establishing branch mints at New Orleans, in Louisiana; at Charlotte, in North Carolina; and at Dahlonega, in Georgia. In 1852, another branch was established in California; in 1862, another at Denver, in Colorado Territory; and in 1863, another at Carson City, in Nevada Territory, since made a State; in 1864, another at San Francisco, in California, and another at Dallas City, in Oregon. Except the one in California, but little has ever been done at these branches. They are all similar to the principal one at Philadelphia; and the laws relating to that are made to apply to these branches.
6. The Constitution gives Congress the exclusive right to coin money, and prohibits all the States from doing it. This Congress does by the laws it passes in relation to the subject, and the various officers and workmen employed to execute the work are only the agents of Congress.
The various coins which Congress has from time to time ordered to be made are of the following names and value:
7. Our coins are not made of pure gold and silver; a certain amount of other metals being added to produce a coin that will be less affected by the friction of constant use. This alloy, or mixture, of the precious metals is called Standard gold or silver, since a definite amount of the alloy is required in all the coinage of the government for currency purposes. It does not alter the value of the coin; that being dependent on the actual merchantable value of the sum of the metals used.By the law of 1837, standard gold and silver were declared to be nine hundred parts of pure metal, and one hundred parts alloy—equal to one-tenth alloy. Gold coins are alloyed with silver and copper, equal parts of each. Silver coins are alloyed with copper alone. Gold is declared to be worth fifteen times as much as silver by weight.
In addition to our own coins, Congress has, from time to time, passed laws declaring the value of foreign coins, and making them a legal tender. But these laws were all repealed by the act of 1857, and it was made the duty of the director of the mint to have them assayed, and to determine their weight, fineness, and value; for they are still used by banks and merchants, and pass at the value determined by the mint.