Congressional Serial Set Volume 1483 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1872 Excerpt: ... for such a step, and without the existence of any cause for it, and in a case where the continued observance of the treaty is equally important to both nations, such a conflict between tho provisions of a law and the provisions of the treaty must be deemed to have been inadvertent, and unintentional, and is certainly not to be regarded as notice to the other nation that the treaty has been set aside, and that the responsibility forsuch a breach of an international stipulation has been assumed. The treaty is therefore to bo considered as still in operation in all its force as a contract between the two nations, and in all its force as a municipal law governing the rights and duties of the citizensand subjects of the two countries. Probably no doubt whatever will he felt concerning the propriety and necessity for paying these claims so far as they are held by subjects of Russia, which is to some extent the case; for snch persons can ask the interposition of their own government, and if it sees tit to present and urge their claims, there is no mode in which the payment can be refused consistently with national good faith. But the question has been asked, whether American citizens, who have paid duties exacted according to the terms of an act of Congress, but duties which are excluded by the terms of an existing treaty with the country from which the merchandise has been imported, can demand as a right, that those duties he refunded. Wo are of the opinion that in the present case they may demand restitution as a right, and that the claim is not one that addresses itself merely to the grace and favor of this government. hi considering this question, it is necessary to remember that our Constitution has given to treaties the character of laws, and has made them, ..