Convention, that if the "Provisional Goverr1ment" did not claim lo and did not in fact represent, with full legislative powers, a Sovereign & independent people, then the act organizing and establishing a Commercial Custom House, was an illigitmate exercise of a high function, altogether foreign to their delegated and special powers; and as such it ought not, on the plainest principles of law, of reason, and of common justice, to be obligatory upon their constituents. But your memorialist is not disposed to be very strenuous on this point, although it is one on which he has the soundest reason to expect an entire relief from ·the burden attempted to be imposed upon him. Your memorialist has stated that when he left New Orleans, he had no knowledge of the establishment of a Custom House in Texas: and he would remark in connection with this fact, that it is a usage which has received the full force and sanctity of international law, and has been universally acceded to and implicitly observed, except in the piratical powers of Barbary, to give competent public notice of the intention to charge duties on goods on foreign vessels. That this notice is apportioned, in time, to the remoteness or proximity of the place of shipment; and that no duties are required on vessels or cargo that had departed previous to the time specified for the port or Country from which she sail'd. That such notification is consonant to the rules of fair dealing, which ought to govern all nations or sociesties of men, in their national, as well as their individual character; and a departure from them is as disreputable in the one as the other-Your memorialist would further state that his two vessels had arrived at New Washington and that their cargoes were discharged and in store, and part of his goods actually sold before any Custom House officer, or any person claiming to be such, made his appearance to your memorialist or presented any demand for Duties either on the vessels or cargoes. That some time after he had commenced his sales, and when the schooner Flash was on the eve of departure from Port, one William P. Harriss called upon your memorialist and demanded an exhibit of his Invoices-to make out an assessment of duties on all his goods, and a charge of Tonnage duty, upon the vessels, and required your memorialist to pay the same, alleging that he was appointed by the Governor & Council Collector for the Port of Galveston, and was authorized to collect the duties so demanded. Your memorialist, is, and aJways has been disposed lo fulfill all the obligations of good citizenship; and he is by no means averse from contributing his full quota to the sup_porl ~f- the Gove~nm_t. But he would respectfully suggest that the 1mpos1llon of duties 111
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