Newspapers / Edenton Gazette (Edenton, N.C.) … / Dec. 30, 1808, edition 1 / Page 1
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v - , J., i " A' . . TV. .7 - "A K rf 4- ynKMTONi Printed Jamm Willi, at 23e. per Amiura, if paid within the yiat ' if not, 50. Distant SubscriTxrtww ay W i'flWf. : Advirtisimeitti ofnoinorelengtK f""'-" - -'- .. . Uuq brcadtii inserted the first week for 5s. And 3s. 6d. for each coatinw&ce ; larger ones in proportion. - Y JX l D A Y,r December 30, 1 808. Num. 149. 7",k r Ji.-,; i T I I I ' . 'N. t , Wi H IWCTOM-ClTT, Dec 9 td m the Senate; yesurday reported A bill making further provisions for COIOiVUIK U1C WUlIKWt T 7T . - Accompany tnjj the bill, : were the following letter to, nd answer from the Secretary of the Treasury. The provisions' of the bill are .? generally correspondent with the rccoramenda- -tiona LlhctcreJtanwr-T Committee Cn aneei, Aovrmber 14, 1 808. Dear Sir I am instructed by" the committee appointed to consider the several Embareo laws, Sec to request - . a a a . yon to uy Dtioretnemwitn at mue ue jjt a pwMuic. iH.n iniunuaiiun as your department affords upon the IoT -Jlawmg'trQesttonf f w gm -W'lz mosi ciicauju ta prevemmg ine viou tioos or evasions of. theaeveral m bargo Uwa ; and enforcing a due ob servance thereof? ' nteoees I tliie present-systent b re medied by further modifications and what modifications would effect that objectT lie pleased, sir, to accept assuran ces oi uy nigh considcrauon and re- gard, fSiffnca) W. B. GILES. IIon Alieet Gallatix, Treasury Department - A ev. 24, 1808. 511, Iiuiisposjikm hat prevented an ear Eerv answer to your letter of the 14Ui instant. :.; .-X i;; For betUr preventing coastiogVeir tls regularly cleared, fromNiobtin . the Embargo, two, measure appear . - -X . v; necessary First. That tht the amount ifnui mutual vr incrcutcu --. . Secondly. That neither capture, di$tret cr any ether accident should be admitted a a or be given in xiJcnce tn trial - , ; . - .1 ' By the Crt regulftldntlhe tetppta jion of going to a foreign port, in hope that the profit on the sale of the cargo will indemnify fht the forfeit ure of the penalty, will be done awav. Jy the ,cond, every-eTpectaiion of ceapmg me payment oi toe penalty under fraudulent pretences w ill beHisT hepposnttd--and the power o( remit ungmc penalises m tne lew cases ot unavoulable accident which may oc cur, will remain as heretofore, and as in other cases with the Treasury. - As thcotject of these two regula tions willbc td make the bond a suffi cient anJcomplcie security, they will have a tendency to relieve, ini con-. aiderable degree, thcoating trade from tle inconvenience resulting from detentions. The sufficiency, of the bond wfill in many doubtful cases, re move the necessity of detainiog yes aels, or what amounU to the same of informing the owners that unless they reduce the amount of their cargoes, they win be detained.';. v : i I would also submit the nronrietv of siaent, hat the power of detention Vested in fthe Collectors bv the act f thi SStk Apllast." That sUbjecthaY been a constant source of complaint and difficulty-If has becF the unP' fonrt practice, from the cstalliihmcnt Of . the trbvernmrnt nf- iTnitil States ,-tO irive TW4l?vinmrt?nfi tv 4he Collectors respecting the cxecutU Jn of the lawt7ml "which they were totiuj to obey, unless a different con struction should be established by a .l ci(jipn.;.TCs bdeed was,es tnfi:i tn secure an uniform construction'and execution alluded to, makes the detention to rest on the opinion of each Collector, and this must necessarily produce a great diversity in the manner in which the power should be executed. All has been done that could be done to obviate that evil and the President being authorized to decide on the de tentions when made, the opportunity was taken to inform the jCoUextors of what in his opiaion, should be aproT per cause "of rdeteiitipnvtThisr.htw- ever, could be given only ai opinion,) and operate as a recommendation, and not as an order, ifor does it appear practicable 'toy. establish uniformity, andriocprevetit ;;jpatrialirj?ethc laxity or too great severity in practice,' ral rules in that respect by which, the voueeiors-wui ie-oounaio aoueoc sledln'tKeisTd J!XJLamlawaieatheio mode of. evasion, bv regular, coasting vessels, which will not be prevented br e ither 'of the preceding prodsians. IlithehiMlh port; or on thcif way: down our riVera and bavs, coasting Teasels may receive articles riot enter ed on their maaifestwbich they put on board other7 vessels lybg off the coast for that purpose. -:-v But it is not perceived that any le gal provision can prevent that infrac tion, northat any other remedy can be found thaff thrvigilence of the of ficers, j Another general regulation vriil, however, be suggested, perhaps useful sis a permanent measure' t but which would at all events, under ex isting circumstances, give additional security for the observance of " the laws, and afford some 'relief - to- our own seamen t to wit, a prohibition to employ any aliens either as . masters or part of the . crew, of any coasting vessel. , . ' ' ; It is still more difficult to guard a gainst violations by . vessels departing without clearance in oren defiance of thcvlaw The following provisions on mature consideration appeer most efficicnt thatcanbe devised against in fractions, which it Is the more neces sary to reprove, as they may be daily expected to increase, and threaten to prostrate the law and government it self. - rr; 1st, To forbid exprcsdy under pain of forfeiture fthc penalty uo being onlT intpiicd) the landing of any-ves-4 sel without the permission ot the Col lector, and without the bond fora coasting vojrage being prcyiously j vcn--authoriEineCeilectorsto re fuse permission, unless the obj ecFbe that of 7 a lawful "coasting -oflfishing. vovagei Tht great number of ves sels now laden, and in a state of rea diness tp.dspart, shews the necessity of this nrovisiotu. . If there be cases, in vhich the indulgence of converting vessels" into ware-nouses ought to be granted, there will be no hardship, where the intention is fair, to reauire a bond similar to that given for a coasting voyaged And the Collectors should likewise iivsush case, be ex pressly authorized to Uke such efficient precautions as ( win-pui h omw power of all such vessels to sail with out warning. . '--jf 2d. In order to prevent those frau dulent sales of vMsclsni tcnsiblc owners ';,oT no responsibility, , aresubstUuledowpss from whom penalties might be recovered, it is ne cessary to provide that tbpe owners register of licence should contin ue to be reputed as such, and liableto the penalties in case of infraction df the laws, until the register or licence shall have, been actually -surrendered and new papers shltf have:bren reu-- latiy granted by tne collector io of die laws. But the provision now purchaser. And in ever)' such case of purchase, i sufficient bond that the Embargo shall not be infringed, to be previously inquired. T ; 3d. -The bower to seize unusual de posits, tow vested in the Collectors of districts adjacent to the territories of loreign nations, snotua, as was con templated in the bill passed by the House of Representatives, be exte nd eo to all the districts. ' That this is an arbitrary power," which nothing but the unremitted efforts in some places to evade the law can possibly justify cannot be denied and it should, like that of detention, be placed under the controulof the President, and be ex ecuted oaly in conformity, with such general rules as he would prescribe. "T$thr Exxiusivelyferssistaneef' -which may. be derived from gun-bdats and from the armed vessels of. the. U: S'tabuOt .OTiid beadviseabletd" authorize thridn11dd W twelve cutters to the present establish ment. Fast sailing vessels on every draft'of waterf auad requiringronly from : fifteen "to thirty men each are most wantedaruLwouidV-for . the ob. iect contemplated, be as useful as the largest frigates. x l , . :s 5th. It is with regard that the ne cessity of authorizing, on the applica tion of die Collectors, an innu-iJafe call of the local physiciai force of the countrv. must also be stated. But such partial actrof-violence-as have taken place in some of the seaports cannot be prevented by the circuitous manner in which the public force must now be brought out in support of the laws. And no doubt exists that the mass of citizens, whether they ap prove or disapprove of the Embargo," would, in every port, Jnstantaneosiy suppress any such outrage, provided the v can be called upodto act in a legal manner. , . Jx; Some other provisions appear also necessary for tW purpose of carrj'ing the laws more completely into effect a long our land frontiers. ' Xv 1. The exportation of specie by land should be expressly prohibited. should be so expressed as to leave no doubt of the authority to detain wag gons and other carriages laden and actually on their way to a foreign ter ritory Although I cannotr perceive any reason for the distinction, it has been supposed in one- of the districts that the law which authorize the de tention of flour, beef, or pot-ash, de posited In ware-house) didnot ex tend to the case of their being deposi ted in a waggon although evidently on its way to Canada. i 'U 3. The offence now punishable by law . is diat of cJoliojn-This is not consummated till after the pro perty has been actually carried beyond the lines, vhereVbeing p a foreign jurisdiction,- it cannot be seized ; so that forfeiture, whicKjis die most ef ficient penalty, can, never apply to ex portation by land j and no bond being' required, as in the case of vessels, the only: remedy is. the uncertain one of recovering penalties against apparent offenders who either1 abscond or have no property. How far it may be prac ticable tomake7thenacrof"eparing" the means of exportation punishable, f toptovider sdnvi other remedyris submitted to the committee A , But it-mustalso be obsctved, that every degree of opposition to the laws, which falls short of treason, is noW, with but few . exceptions, an offence undefined and unprovided for by the laws of the United States i whence it follows, that such offences remain un punished when the state authorities do not interfere. The necessity of iennmg tnoseoenctiiawaimis-. demeanors, and of pioviding an fade x equate punishment appears obvious I' will beg leave here ,to add that it does not appear necessary to contin ue any longer the indulgence granted to British merchants to import for the use of the Indians, articles f which the importation is generally prohibi te d bv law : as that nrivilesre is liaJbl to great abuse, and affords just groun of dissatisfaction to American citi zens. ' "Whether it be ad viseable to continue the permission given to those Indian traders to export fur and peltry, is aquestionyto beJecided by politV cat consiaerations. ' . - i The last branch of the Subject to which I wish at nresent to call the nt tjntion of the committee, relate tfi ... ' ?t interruptions - and certain injurious -proceedings attemgtcd"UaderxoIor,of the .iIaw.xi.,i; sYexatioua iuitatarebrought a-?, gainst Cdllectdrs which not onlie per plex fwttiftUaffie -oi inumiuauDg ouicrs, ami pre v cm. an ':;;'ii' i ' . I energetic performance of their duties. :'Fhe oolyprOTisionswhich ;hare;pc; 1 4 i Si curredyto me on that subject are, to 'nabletheColleaorffwMabe'aaedV al ways to remove the cause betorea court of the United Sutes to make a certificate issued by the proper autho- ' 'i I that there was reasonable cause of detention.-protect them .against da mages. "in cases of detention, in the " same "manner as is now provided in case ofeizures janoVto-provideufjor--thesfe, keeping and restoring when proper, and on security bein$ given, the vessels and property which may be detained. 2. Attempts have in several i n stan- ces been made to wrest from the Col lectors by writs of replevin, issued by state courts or officers ,jropertr, de tained or seized by said Collectors, or ... which in any other manner, is in their f)0ssesion, in ; conformity with some aw of the United States. It is evi dent that such attemps, if submitted to, would defeat not only the. Embar go, but also the revenue laws of the , United States ; that whenever pro perty is by virtue of a law of the TJni- ted Mates, in the possessioa of a Col- m :.:-.t.V. - J t :. ' , - ' f f, ( - ' lectori marshal, or any other of tlieir officers, no process in rem which will, take the property away, whether of reple v in,N attachment or any i' other, can be legally issued by a state autho rity ; and jhat the sheriff or other per j ; sons executing'the same must be con- sideredas ainere trespasser,raod be resisted accordingly. . But there is no other' way at present Ntt) resist such il legal process, but actual force. And it appears necessary, that another re medy ShouloV be afforded, by provi ding a summary mode of superceding any such process through the. interfci ence of - the courts and Judgesof the : i i rZ .. I '""ii x M- ..." United State sT and bv makins it ne. .Jf.. i. .'sir 1. ' V - uut tor unv siicnu, or omcr person, to execute the same, or in any manner to attempt to uke the property which by virtue of any law of the U States is in the Collector's possession. 3. In some instances, where vessel and cargoes libelled for infractions bf of the Embargo, have been restored to thei r owners .on their givi ng set vir iL ty for the appraised value, the valuatit pons hare been so lowsto"Te duceilhe" forfeiture to ah inconsiderable sum thereby de teatmg -aitogeer the" law It is suggested that this might be pre vented by a provision,authorjzing & ar . i. 1 . directing ;lhe"dis(ficyadgesTOTiet side, on the mmionof the district at torney, such valuations, .whencver io. their opinion falling short of the trus :value --.IT- ; ;-'x- rp. 4.", On thejsubjeet of mandamus I. will ohly obsen e that in the only in stance which has taken place, the b uuuiu iiui, irom me nimncr in wrncn the question uas brought before theny V - - r in 1 V Y . . v.-.. ..-t,.,.. ; .... ... .. . . . . . . -j...hwm..m -i.f..ijt,-sijjji v.vtw.,,,u,m,.uVBuiilMbf r - , , " , - " t i . ,S .
Edenton Gazette (Edenton, N.C.) [1806-1831]
Standardized title groups preceding, succeeding, and alternate titles together.
Dec. 30, 1808, edition 1
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