section 3, and if that section has
ceased to be operative it is by virtue of the limitation contained in
the section itself. I think it did expire by its own express limitation.
The question has presented itself whether section 3 of the act of 1873
(U.S. Revised Statutes, sec. 2866) repealed by implication that section
of the act of July, 1866, which is now section 3005 of the Revised
Statutes; but I am of the opinion that the last-named section was not
repealed. Section 3 of the act of 1873 was expressly intended to carry
into effect a treaty obligation and was limited as to time. It contained
no express repeal of the act of 1866, and while its provisions were
broader than the last-named act, they were not inconsistent, save in the
provision that while the act of 1873 was in force the additional ports
in the United States at which Canadian goods might be received were
to be designated by the President, whereas under the act of 1866 the
designation was by the Secretary of the Treasury. The last-named act
related also to intercourse with Mexico, and I think was unaffected
by the act of 1873.
It will be seen that the law permits merchandise arriving at the ports
of New York, Boston, Portland in Maine, and at other ports specially
designated by the Secretary of the Treasury, for places in the adjacent
British Provinces, to be entered at the custom-house of the port where
it is landed and conveyed through the territory of the United States
without the payment of duty, under regulations to be prescribed by the
Secretary of the Treasury. As these goods come immediately and fully
under the inspection of our customs officers at the principal ports, are
entered there and remain until they cross our border into Canada fully
under our supervision, there is little or no danger involved to our
revenue. The regulations prescribed by the Treasury for conducting this
traffic seem to me to be adequate.
As to merchandise imported into the United States from a contiguous
foreign country, it is provided by section 3102 that the inspection at
the first port of arrival in the United States may be avoided if the
vehicle in which the same arrives has been sealed or closed by some
officer of the United States duly authorized at some point in the
contiguous country. When the act of closing or sealing conformably
to the regulations of the Treasury has been effected, the car or
other vehicle may proceed without unnecessary delay to the port o
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