James Moore Wayne

“ The appellant also contended, that the true object and policy of the law of 1846 was to reduce the cost of tea and coffee to the consumer in the United States. Hence, these articles are to be free from duty only if imported from their place of growth; and, secondly, to enjoy this privilege, these articles must be imported either in American vessels, or in foreign vessels the charges of which in our ports are not greater than those of American vessels. ”

“ Our conclusion in this case affirms what has been the unvarying policy of the United States since they began as a nation their commercial intercourse with other nations. Its effects upon our own interests have been beneficial; its influence upon other nations has been ultimately decisive and successful. ”

“ The third article provides that the productions of either nation shall be admitted into their respective ports upon payment of the same duty as would be payable on the same merchandise if it were the growth of any other foreign country. No prohibition can be put upon the importation or exportation of the produce of either nation which shall not extend to all other foreign nations ”

“ Secretary Walker's circular, after an interruption of several years, a negotiation was opened with England upon the subject, which resulted in giving to both nations the full intention and benefit of the act of the 1st March, 1817. Its operation, as we have said, had been suspended for several years, from some official misapprehension of its import, when a case occurred in the Circuit Court of the United States for the Southern District of New York, in which the learned judge who presided gave the first judicial interpretation of the act. ”

“ As a consequence, the act of Parliament, before referred to, was submitted as a ministerial measure by the British Cabinet, and became a law early in 1840; upon the express assurance of the ministry that our act of 1817 would thus, proprio vigore, be brought into operation, the British act being but an acceptance of the terms of reciprocity in the trade, direct and indirect, between the two countries, tendered by the American Congress in 1817. Mr. Meredith, in his circular, consummated the views of Mr. Crawford, Judge Betts, and Mr. Walker, and put into effect the act of 1817 ”

“ By the fourth, both nations can carry in their vessels the productions of each into he ports of the other upon the same terms,-the produce and manufactures of Portugal and the United States, it must be remembered, not the produce or manufactures of any foreign country ”

“ Failing this, the alternative of statutory prohibitions and countervailing duties and regulations was to be applied.' (Report of the Secretary of State to the Senate, 30th December, 1839.) Upon the earlier state papers and newspaper essays already mentioned,-the report of Mr. Jefferson, another by Mr. Hamilton (which preceded it) , and the proposals of Mr. ”