EDITORIAL NOTES This section is embodied in the U. S. Code as sec. 217 of title 50. This section was derived from an act of July 2, 1864, ch. 225, sec. 10, 13 Stat. 377-378. Sec. 5314. Changing ports of entry. Whenever the President shall deem it impracticable, by reason of unlawful combinations of persons in opposition to the laws of the United States, to collect the duties on imports in the ordinary way, at any port of entry in any collection-district, he may cause such duties to be collected at any port of delivery in the district until such obstruction ceases; in such case the surveyor at such port of delivery shall have the powers and be subject to all the obligations of a collector at a port of entry. The Secretary of the Treasury, with the approval of the President, shall also appoint such weighers, gaugers, measurers, inspectors, appraisers, and clerks, as he may deem necessary, for the faithful execution of the revenue laws at such port of delivery, and shall establish the limits within which such port of delivery is constituted a port of entry. And all the provisions of law regulating the issue of marine papers, the coasting-trade, the warehousing of imports, and the collection of duties, shall apply to the ports of entry thus constituted, in the same manner as they do to ports of entry established by law. EDITORIAL NOTES An act of Mar. 2, 1929, ch. 510, 45 Stat. 1496, provided that all "etorekeepers, gaugers, and storekeeper-gaugers shall be designated as storekeepergaugers". This section, with "storekeeper-gaugers" substituted for "gaugers", is embodied in the U.S. Code as sec. 218 of title 50. This section was derived from the first section of an act of July 13, 1861, ch. 3, 12 Stat. 255-256. Sec. 5315. /Removal of custom-house, and detention of vessels thereat. Whenever, at any port of entry, the duties on imports can not, in the judgment of the President, be collected in the ordinary way, or by the course provided in the preceding section, by reason of the cause mentioned therein, he may direct that the custom-house for the district be established in any secure place within the district, either on land or on board any vessel in the district, or at sea near the coast; and in such case the collector shall reside at such place, or on shipboard, as the case may be, and there detain all vessels and cargoes arriving within or approaching the district, until the duties imposed by law on such vessels and their cargoes are paid in cash. But if the owner or consignee of the cargo on board any vessel thus detained, or the master of the vessel, desires to enter a port of entry in any other district where no such obstructions to the execution of the laws exist, the master may be permitted so to change the destination of the vessel and cargo in his manifest; whereupon the collector shall deliver him a written permit to proceed to the port so designated. And the Secretary of the Treasury, with the approval of the President, shall make proper regulations for the enforcement on shipboard of such provisions of the laws regulating the assessment and collection of duties as in his judgment may be necessary and practicable. EDITORIAL NOTES This section is embodied in the U.S. Code as sec. 219 of title 50. This section was derived from an act of July 13, 1861, ch. 3, sec. 2, 12 Stat. 256. Sec. 5316. Enforcement of preceding section. It shall be unlawful to take any vessel or cargo detained under the preceding section from the custody of the proper officers of the customs, unless by process of some court of the United States; and in case of any attempt otherwise to take such vessel or cargo by any force, or combination, or assemblage of persons too great to be overcome by the officers of the customs, the President, or such person as he shall have empowered for that purpose, may employ such part of the Army or Navy or militia of the United States, or such force of citizen volunteers as may be necessary, to prevent the removal of such vessel or cargo, and to protect the officers of the customs in retaining the custody thereof.. EDITORIAL NOTES This section is embodied in the U.S. Code as sec. 220 of tit: 50. This section was derived from an act of July 13, 1861, ch. 3, sec. 3, 12 Stat. 256. Sec. 5570./Claim of United States to guano islands. Whenever any citizen of the United States discovers a deposit of guano on any island, rock, or key, not within the lawful jurisdiction of any other government, and not occupied by the citizens of any other government, and takes peaceable possession thereof, and occupies the same, such island, rock, or key may, at the discretion of the President, be considered as appertaining to the United States. EDITORIAL NOTES This section is embodied in the U.S. Code as sec. 1411 of title 48. This section was derived from the first section of an act of Aug. 18, 1856, ch. 164, 11 Stat. 119. According to the concurring opinion of Mr. Justice White in Downes v. Bidwell, 182 U.S. 244, 304, May 27, 1901, "numerous islands" were brought within the dominion of the United States under authority of the act of Aug. 18, 1856, supra. This section was cited in Proc. No. 1321, Jan. 17, 1916, 39 Stat. 1763, which reserved Navassa Island, in the West Indies, for lighthouse purposes. In this connection, see Jones v. United States, 137 U.S. 202, Nov. 24, 1890. For additional information concerning the application of the first section of the act of Aug. 18, 1856, supra, and of sec. 5570, R.S., the following should be studied: 9' Op. Atty. Gen. 30, June 2, 1857; Op. Atty. Gen. 364, July 12, 1859; 9 Op. Atty. Gen. 406, Dec. 14, 1859; 11 Op. Atty. Gen. 397, Nov. 13, 1865; 11 Op. Atty. Gen. 514, June 27, 1866; 14 Op. Atty. Gen. 608, May 8, 1873; 31 Op.Atty. Gen. 216, Feb. 8, 1918; and 34 Op. Atty. Gen. 507, June 24, 1925. CASE NOTE Basis of legislation.- "By the law of nations, recognized by all civilized States, dominion of new territory may be acquired by discovery and occupation, as well as by cession or conquest; and when citizens or subjects of one nation, in its name, and by its authority or with its assent, take and hold actual continuous and useful possession, (although only for the purpose of carrying on a particular business, such as catching and curing fish, or working mines,) of territory unoccupied by any other government or its citizens, the nation to which they belong may exercise such jurisdiction and for such period as it sees fit over territory so acquired. This principle affords ample warrant for the legislation of Congress concerning guano islands." (Jones v. United States, 137 U.S. 202, 212, Nov. 24, 1890.) Sec. 5576. Criminal jurisdiction over guanosislands. All acts done, and offenses or crimes committed, on any such island, rock, or key, by persons who may land thereon, or in the waters adjacent thereto, shall be deemed committed on the high seas, on board a merchant-ship or vessel belonging to the United States; and shall be punished according to the laws of the United States relating to such ships or vessels and offenses on the high seas, which laws for the purpose aforesaid are extended over such islands, rocks, and keys. EDITORIAL NOTES This section is embodied in the U.S. Code as sec. 1417 of title 48. This section was derived from an act of Aug. 18, 1856, ch. 164, sec. 6, 11 Stat. 120. CROSS REFERENCE Offenses within the admiralty and maritime and the territorial jurisdiction of the United States: see the Criminal Code, act of Mar. 4, 1909, ch. 321, Chapter Eleven, 35 Stat. 1142-1145, as amended. CASE NOTE Scope, and operation of section. - "This section does not (as argued for the defendant) assume to ex- Sec. 5577. Employment of land and naval forces for protection of rights in guano islands. The President is authorized, at his discretion, to employ the land and naval forces of the United States to protect the rights of the discoverer or of his widow, heir, executor, administrator, or assigns. EDITORIAL NOTES This section is embodied in the U.S. Code as sec. '1418 of title 48. This section was derived from an act of Aug. 18, 1856, ch. 164, sec. 5, 11 Stat. 120. Sec. 5578. Abandonment of guano islands. Nothing in this Title contained shall be construed as obliging the United States to retain possession of the islands, rocks, or keys, after the guano shall have been removed from the same. EDITORIAL NOTES This section was derived from an act of Aug. This section is embodied in the U.S. Code as 18, 1856, ch. 164, sec. 4, 11 Stat. 120. sec. 1419 of title 48. Sec. 5579. Smithsonian Institution. That the President, the Vice-President, the Chief Justice, and the heads of Executive Departments are hereby constituted an establishment by the name of the Smithsonian Institution for the increase and diffusion of knowledge among men, and by that name shall be known and have perpetual succession with the powers, limitations, and restrictions hereinafter contained, and no oth |