Customs union

“ It is one thing to deny the right of any number of independent communities to join in a Customs Union; it is another to maintain the obligations upon third parties of such a convention, when extorted by external compulsion. ”

“ With regard to the Customs Union, President Kruger was equally emphatic; he begged the Free State to steer clear of it. “Customs Unions,” he said, “are made between equal states with equal access to harbours. We are striving to settle the question of our own harbour peacefully. The English will only use their position to swindle the Transvaal of its proper receipts.” ”

“ The members of the diet shall not be allowed to draw any salary, or be compensated as such. VI. Customs and Commerce. Article 33. Germany shall form a customs and commercial union, having a common frontier for the collection of duties. Such territories as cannot, by reason of their situation, be suitably embraced within the said frontier, shall be excluded. It shall be lawful to introduce all articles of commerce of a state of the confederation into any other state of the confederation, without paying any duty thereon, except so far as such articles are subject to taxation therein. ”

“ Heralded or pioneered by trade corporations like the East India Company, it has risen from small beginnings to become the gauge of the uniting strength of British sovereignty and of the extent of British trade. Long may it remain so. Foreigners, we have been told by an eminent German writer, desire to cultivate trade relations with British Colonies in order to prevent a British Customs Union. Our commercial fleet will be the best mainstay of such a union if it is established, and it is the best substitute for it if it is not. ”

“ 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,” ”

“ Living through those old days, immediately after the peace with England of 1783, we find that public and official recognition of a fatal defect in the federal form of union came from the inability of its federal government, which had no power over commerce, to establish a uniform regulation of trade among the thirteen American nations themselves and between them and foreign nations. ”

“ The power of the national government over commerce with foreign nations and among the several States is broad and comprehensive. It reaches the interior of every State of the Union, so far as it may be necessary to protect the products of other States and countries from discrimination by reason of their foreign origin. ”

“ I am mistaken if any men, bodies of men or Countries, will enter into any compact or treaty, if one of the three is to have a negative controul over the other two, but granting that it is an evil it will infallibly work its own cure.—there must be reciprocity or no Union. ”

“ Article IV. The better to secure and perpetuate mutual friendship and intercourse among the people of the different States in this Union, the free inhabitants of each of these States, paupers, vagabonds, and fugitives from justice excepted, shall be entitled to all privileges and immunities of free citizens in the several States; and the people of each State shall have free ingress and egress to and from any other State, and shall enjoy therein all the privileges of trade and commerce subject to the same duties, impositions, and restrictions as the inhabitants thereof respectively ”

“ A just and uniform law in this respect would strengthen the hands of the Government in protecting its citizens abroad and would pave the way for the conclusion of treaties of naturalization with foreign countries.
The legislation of the last session effected in the diplomatic and consular service certain changes and reductions which have been productive of embarrassment. The population and commercial activity of our country are steadily on the increase, and are giving rise to new, varying, and often delicate relationships with other countries. ”

“ But, though Great Britain could do perfectly well without her colonies, and though, on every principle of morality and justice, she ought to consent to their separation, should the time come when, after full trial of the best form of union, they deliberately desire to be dissevered, there are strong reasons for maintaining the present slight bond of connection so long as not disagreeable to the feelings of either party. ”

“ A union among them is undoubtedly valuable for many purposes. It renders them stronger and more able to resist their enemies; it attracts to them the respect of other countries, and gives them advantages in the formation of foreign connexions; it facilitates all the operations [ *97 ] *of war, of commerce, and of foreign diplomacy. But these objects, although highly important, are not so important as those great rights which are secured to us by the State constitutions. The States might singly protect themselves; singly form their foreign connexions, and singly regulate their commerce ”

“ In answer to his expostulations upon a measure thus unexpected he is informed that according to the ancient maxims of policy of European nations having colonies their trade is an exclusive possession of the mother country; that all participation in it by other nations is a boon or favor not forming a subject of negotiation, but to be regulated by the legislative acts of the power owning the colony ”

“ And if in the course of events our northern neighbors, a people like our own and practiced in self-government, should express a wish to join this Union—a consummation which our present policy of imperialistic adventure is apt rather to put off than to bring on—we all would welcome them with heart and hand. ”

“ Interest alone is the governing principle with nations. The true question at present is, whether the Southern States shall or shall not be parties to the Union. If the Northern States consult their interest, they will not oppose the increase of slaves, which will increase the commodities of which they will become the carriers. ”

“ But some certain inadmissible qualities may be adherent to persons which, from the necessity of things, must and will, notwithstanding this provision, justify the exclusion of the persons themselves, such as a plague, or hostile designs against the union by armed immigrants. In such a case, if the importation were not prevented, I should be more inclined to impute it to want of physical than of constitutional power. ”

“ Our law, again, has either been bodily taken over by the daughter nations, or, through the medium of the ultimate appeal court, embodies and interprets not only the constitutional charters of the Colonies, but several alien legal systems which survive within their borders. Whatever the defects of these controlling agencies, it is impossible to deny that they are profoundly vital to the present facts of union and to its future ideals. ”

“ They know that the Union means peace and unfettered commercial intercourse from sea to sea and from shore to shore; that it secures us against the unfriendly presence or possible dictation of any foreign power, and commands respect for our flag and security for our trade. [Pg 231] And they do not intend, nor will they ever consent, to be excluded from these rights which they have so long enjoyed, nor to abandon the prospect of the benefits which humanity claims for itself by means of their continued enjoyment in the future. ”

“ 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. ”

“ With all the rest we have free trade, even with the insular colonies of all the European nations, except Great Britain. Her Government also had manifested approaches to the adoption of a free and liberal intercourse between her colonies and other nations, though by a sudden and scarcely explained revulsion the spirit of exclusion has been revived for operation upon the United States alone. ”

“ There shall be free trade throughout the Union, but until Parliament otherwise provides the duties of custom and of excise leviable under the laws existing in any of the Colonies at the establishment of the Union shall remain in force. ”

“ It does empower the Government to prevent the use of its territory as a base: e.g. by aid directly rendered thence to a belligerent fleet; but it, of course, gives no right of interference with the export or carriage of articles which may be treated as contraband.
3. The powers conferred upon a Government by such legislation as section 150 of the Customs Consolidation Act; 1853, now reproduced in a later enactment, of forbidding at any time, by Order in Council, the export of articles useful in war. ”

“ Western appeals to Congress for aid in internal improvements, protective tariffs, and land grants had been indications of nationalism. The doctrine of squatter-sovereignty itself catered to the love of national union by presenting the appearance of a non-sectional compromise, which should allow the new areas of the Middle West to determine their own institutions. ”

“ 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 friends of our country have long seen and desired that the power of war, peace, and treaties, that of levying money and regulating commerce, and the corresponding executive and judicial authorities, should be fully and effectually vested in the general government of the Union ”

“ Since my last annual message the exchange has been made of the ratification of a treaty of commerce and navigation with Belgium, and of conventions with the Mexican Republic for the further extension of the joint commission respecting claims; with the Hawaiian Islands for commercial reciprocity, and with the Ottoman Empire for extradition; all of which have been duly proclaimed. ”

“ That it be recommended to the legislatures of the several states to restrain, by imposts or prohibitions, any goods, wares, or merchandise, from being imported into them respectively, except in vessels belonging to, and navigated by, citizens of the United States, or the subjects of foreign powers with whom the United States may have treaties of commerce, or the subjects of such foreign powers as may admit of a reciprocity in their trade with the citizens of these states. ”

“ The number of States which are members of these Unions varies, of course, and whereas some of them will certainly become in time universal in the same way as the Universal Postal Union, others will never reach that stage. But all the treaties which have created these Unions are general treaties because a lesser or greater number of States are parties, and these treaties have created so-called Unions, although the term "Union" is not always made use of. ”

“ International commerce, on the other hand, lay under the veto of the central government, which punished with death anyone attempting to hold intercourse with foreigners. Thus the fiefs practised a policy of mutual seclusion at home, and united to maintain a policy of general seclusion abroad. ”

“ The Nation and the States will promote foreign immigration and colonization in accordance with their respective laws. Article 115. A law will regulate the manner in which national officers, upon taking charge of their posts, shall take the oath to comply with their duties. Article 116. The National Executive will negotiate with the Governments of America over treaties of alliance or confederation. Article 117. The law of Nations forms a part of the National Legislation ”

“ The subject of commerce with adjacent foreign countries and with non-adjacent foreign countries are separate and distinct, so it cannot be inferred that Congress, in dealing with one subject, intended to embrace both. ”

“ The confederation adds a proviso, "that no treaty of commerce shall be made whereby the legislative power of the respective states shall be restrained from imposing such imports and duties on foreigners as their own people are subjected to, or from prohibiting the exportation or importation of any species of goods or commodities whatever." ”

“ In settling the question whether these laws impugn treaties or regulate either foreign commerce or that between the States, or impose a duty on imports, ordinary justice to the States demands that they be presumed to have meant what they profess, till the contrary is shown. ”

“ Not to subject the nationals of the Allied and Associated Powers to any prohibition in regard to the exercise of occupations, professions, trade and industry, which shall not be equally applicable to all aliens without exception ”

“ With regard to the rendering of military service to the various states, the necessary laws will be passed hereafter. All Germans in foreign countries shall have equal claims upon the protection of the Empire. Article 4. The following matters shall be under the supervision of the Empire and its legislature: 1. The privilege of carrying on trade in more than one place; domestic affairs and matters relating to the settlement of natives of one state in the territory of another; the right of citizenship; the issuing and examination of passports ”