Customs authority

“ In the first place we have a recapitulation of those general or national powers that properly belong to the central authority, such as customs and excise duties, regulation of trade and commerce, militia and defence, post-office, banking and coinage, railways and public works "for the general advantage," navigation and shipping, naturalisation and aliens, fisheries, weights and measures, marriage and divorce, penitentiaries, criminal law, census and statistics. ”

“ For this purpose, where there is no treaty and no controlling executive or legislative act or judicial decision, resort must be had to the customs and usages of eivilized nations, and, as evidence of these, to the works of jurists and commentators who by years of labor, research, and experience have made themselves peculiarly well acquainted with the subjects of which they treat. ”

“ Well, the legislators confounded in one code the two currents of custom, of which we have just been speaking, the maxims which represent principles of morality and social union wrought out as a result of life in common, and the mandates, which are meant to ensure eternal existence to inequality. Customs, absolutely essential to the very being of society, are, in the code, cleverly intermingled with usages imposed by the ruling caste, and both claim equal respect from the crowd. “Do not kill,” says the code, and hastens to add, “And pay tithes to the priest.” “Do not steal,” ”

“ All customs, be they old or new, are no other but the effects and issues of trades and commerce with foreign nations; but all commerce and affairs with foreigners ... are made by the absolute power of the king ”

“ The administration of the customs on the borders even remained in the hands of the local customs-officials, only that when collected they were placed to the general account. But the unconditional right of the empire to lay down the principles of customs legislation gave it more and more of an opportunity to create finances of its own and to become more and more independent of the scheduled contributions from the separate states. ... Judicial matters are the affair of the individual state. ”

“ The relations of social life, and the duties resulting from them, must be the same at all times and in all nations: some petty differences may be, indeed, produced, by forms of government or arbitrary customs ”

“ This the official chalked.
"So this is one of the habits of the English," cried the foreigner, bitterly.
"Not only the habits, Monsieur," observed a bystander, who trembling with apprehension, was waiting his turn; "but the customs. Customs that are out of date with the age. Customs that are contrary to the spirit of the century. Customs that cost more than they yield, and deserve to be cussed!"
"They do," cried the foreigner, excitedly. "May the Customs be—"
"You must not utter that word," interrupted the Revenue Officer, in a tone of peremptory command.
"It is British; why not?" ”

“ I have spoken of, with the unwritten laws {34} and customs which are kept more or less in the dark, are in conflict with the better and infinitely more important rights of the people generally—of the whole nation. ”

“ Foreigners of many nations accompany their speech with action; but why should their example have more influence upon us than ours upon them? Customs are not to be changed but for better. Let those who desire to reform us show the benefits of the change proposed. ”

“ The distinctive mark of aristocratic nations is a disregard of the great mass, and a disproportionate regard for the interests of certain privileged orders. All the customs and habits of such a nation are, to a greater or less extent, regulated by this principle. ”

“ The positive law of nations is founded on usage or custom and agreement, and may be considered as properly divided into the customary law of nations, and the conventional. The customary law of nations consists of certain maxims, or is founded on customs and usages which have been long observed and tacitly consented to by nations, and have thereby become binding upon all who have adopted them, so far as their observance does not require a violation of the law of nature. ”

“ On the imposition of uniform duties of customs the power of the Parliament to impose duties of customs and of excise, and to grant bounties on the production or export of goods, shall become exclusive. ”

“ In the absence of any central authority, the only sanction behind the code of rules established by custom or defined in treaties, known as “international law,” is the capacity of the powers to hold each other in check. ”

“ The citizens or subjects of each of the Contracting Parties shall enjoy in the territories of the other entire liberty of conscience, and, subject to the laws, ordinances, and regulations, shall enjoy the right of private or public exercise of their worship, and also the right of burying their respective countrymen, according to their religious customs, in such suitable and convenient places as may be established and maintained for that purpose. ”

“ But if any, contrary to the tenor of our present law, have been, or shall in future be received as citizens, their reception shall lack all validity, and the persons received, of whatever condition, dignity or standing they may be, shall, in no case or matter whatever, in any way exercise or enjoy the rights and liberties of the cities into which they contrive to be received. Any rights, privileges, or observed customs, at whatever time obtained, to the contrary notwithstanding ”

“ Example, education, traditional usages, prescriptive customs, the approbation and disapprobation of our fellow-men, all these are foreign agencies, and they exert such a potent influence on each of us, and so shape and modify our original dispositions, as to render it in the highest degree difficult to determine accurately what are the native or primary, and what the acquired or secondary elements in our moral constitution. ”

“ But the tradition of unified Customs, now nearly a century old, has immense potency, and unless it is fearlessly scrutinized and challenged, may be able, reinforced by the passions excited by the great controversy over Free Trade and Protection, to defy the warnings writ large upon the page of history. ”

“ But it is the recognition which one nation allows within its territory to the legislative, executive, or judicial acts of another nation, having due regard both to international duty and convenience, and to the rights of its own citizens, or of other persons who are under the protection of its laws. ”

“ God, and are beyond the authority of the magistrates. No
inhabitant of the Nation shall be compelled to do what the law
does not ordain, nor be deprived of anything which it does not
prohibit.
Article 20.
Within the territory of the Nation, foreigners shall enjoy all
the civil rights of citizens; they can exercise their
industries, commerce or professions, in accordance with the
laws; own, buy and sell real-estate; navigate the rivers and
coasts; freely profess their religion, and testate and marry. ”

“ The most distinguished treatises on the laws of nations—treatises which have been considered as containing rules admirably adapted to the situation of different countries, and therefore of high authority, have not only been disregarded, but publicly contemned as musty, worm-eaten productions. ”

“ The Nation, under the treaties, possessed the right of local self-government with authority to make such laws as it deemed necessary for the government and protection of persons and property within the country, belonging to its people, 'or such persons as have connected themselves with them.' Treaty, Dec. ”

“ As such, the formation of the constitutional norm through customs is one aspect of the exercise of the people's sovereignty. The principle of people's sovereignty or democracy requires the participation of the citizens in the establishment of the positive law, written or customary, in the entirety, and the customary constitutional law established by the people binds the legislator and has the force as constitutional law. ”

“ In our domestic affairs all acts are brought to the Constitution, as to a touchstone; so in our foreign affairs all acts are brought to the touchstone of the Law of Nations,—that supreme law, the world's collected will, which overarches the Grand Commonwealth of Christian States. ”

“ The ‘Law of Nations’ is an obligation which binds the consciences of nations to respect the eternal principle of justice in their relations with each other. ‘International law’ is the system of rules, precedents, and maxims accumulated in recognition of the eternal law. ”

“ If this be your noble vocation in respect to the Private laws of your country, let me entreat you, gentlemen, to extend it to that Public law which, regulating the mutual duties of nations towards each other, rules the destinies of humanity. You know that in that eternal code of "nature and of nature's God," which your forefathers invoked when they raised the colonies of England to the rank of a free nation, there are no pettifogging subtleties, but only everlasting principles: everlasting, like those by which the world is ruled. ”

“ To establish the condition of things essential to the recognition of this fact there must be a people occupying a known territory, united under some known and defined form of government, acknowledged by those subject thereto, in which the functions of government are administered by usual methods, competent to mete out justice to citizens and strangers, to afford remedies for public and for private wrongs, and able to assume the correlative international obligations and capable of performing the corresponding international duties resulting from its acquisition of the rights of sovereignty. ”

“ But in respect to countries, then inhabited by the natives, it is not easy to perceive, how, in point of justice, or humanity, or general conformity to the law of nature, it can be successfully vindicated. As a conventional rule it might properly govern all the nations, which recognised its obligation ”

“ The whole complex system of the Law of Nations, overarching all the Christian nations, has but one distinct object,—the administration of justice between nations. Would that with tongue or pen I could adequately expose the enormity of this system, involving, as it does, the precepts of religion, the dictates of common sense, the suggestions of economy, and the most precious sympathies of humanity! ”

“ It is obvious that the Government of the Union, in the exercise of its express powers, that, for example, of regulating commerce with foreign nations and among the States, may use means that may also be employed by a State in the exercise of its acknowledged powers, that, for example, of regulating commerce within the State. ”

“ The recognition of any State by other States, and its admission into the general society of nations, may depend, or may be made to depend, at the will of those other States, upon its internal constitution or form of government, or the choice it may make of its rulers. ”

“ From this admission of the equality of nations came the need for the observance of public law. "There is no duty so sacred, incumbent upon any Government in its foreign policy, as that careful and strict regard to public law." ”

“ Civilized states are forced to supersede the local jurisdiction of uncivilized or half-civilized states, in order to police the territory and establish the necessary guarantees of industry and commerce. ”

“ As a nation develops in civilisation, or foreign policy, or in specialised ambitions, or in consciousness of nationality, or in peculiar constitutional identity, it has to develop new branches or systems of law, or to borrow them ready-made from nations whose polity is in advance of its own, who have made themselves representative nations in the particular branch of sociology in which it desires to regulate itself. ”

“ It is evident, that the whole weight of the recognized and accepted law of nations is thrown on the side of justice between nation and nation, and is the recognized and accepted standard of the obligation involved in compacts between nation and nation. ”

“ Nations, from convenience and comity and from mutual interest and a sort of moral necessity to do justice, recognise and administer the laws of other countries. But of the nature, extent, and utility of them respecting property or the state and condition of persons within her territories, each nation judges for itself, and is never bound, even upon the ground of comity, to recognise them if prejudicial to her own interests. ”

“ All these regulations are important and worthy to be remembered, that the learned statesmen who regulate the affairs of civilized governments may be informed of them, and may feel astonished at the knowledge that a barbarous people without letters should have been found to have had institutions such as we know that they possessed, both with reference to internal polity and to their plans of extending their dominion over other nations. ”

“ Every country has a common law of usage and custom, both local and general, to which the people, especially those of a conquered or ceded one, cling with more tenacity than to their written laws, and all sovereigns respect them. ”

“ Similarly with regard to custom: when a custom has been respected by the majority of the Powers of Europe, especially of the great Powers, its adoption by other Powers becomes easy, if it is at all applicable to them. ”

“ Although the people of every nation have within themselves the means of maintaining their individual and national existence, their prosperity and happiness are greatly promoted by commerce with other nations. And as laws are necessary to govern the conduct of the individual citizens of a state, so certain rules are necessary to regulate the intercourse of nations. ”

“ The representatives of the people, the lawmakers of the land, voted to make the purchases, and they were made. When a Territory is organized, or a State comes into the Union, what is done? The representatives of the people, the lawmakers of the land, vote upon it, and it is done. When treaties are to be made with foreign countries; when immigration of foreigners is to be regulated; when money is to be borrowed or coined; when post-offices and post-roads are to be established; when counterfeiting is to be punished, and public abuses are to be reformed, whose business is it? ”