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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
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