The enquirer. [volume] (Richmond, Va.) 1804-1815, 1806-10-17

t,ntothe vetiei bought in foreign port, 90 70
81. Domingo in poiiefiion Of the blacks, iand
and fell fsid cargo, receive load of the pro-
dure of the Iland, return to the fame Latitude
and put It on board of the American vclel.
when faid American veffe returns to the u. S.
| and lands her cargo, will any law be violated
and will her owner or Captain be futiea to any
fine or punifl,pent?
Coniidei1ng' the nature of my official duties I
doubted, at f1re, whether it would be proprr
FOR ne to antwer, under the prefer circrmaan.
ces, the quea!ons propoied IN this cafe. The
tendency of the opinion | have termed, howe.
yer, aud the influence of a with rather to afiit,
IN preventing. than in protecuting a traufgrriii-
on OF the law, have furni!hed Inducements to
an eXpreficn of my general fen.ments on the
iubje69.
L. Eaflrsr. Ill commercial intercourse br.
tween perious sedtlirg within the u. 8. and
perfons reiident within the iu;erditted mart of
st. Domingo, the act of Cangreis makes the fab
jet OF an ex,reis and fuhfantive probation
And an American 'efiel employed in the man
ner Rated in ti'e frR 1uettion, would certainly
he employed in carrying on a-commcrcial later
courie' within the terms Of the prohibition.
But.the act. proceeding TO declare the,forfeiture
OF yefiei and cargo, for breach of its proyiinos,
iPeaks only OF the, cafe of nerican vefeIs
:" wh'ch ihalbhe z,olanta,Iiy carried. or he DEF.
finedto Proceed, whether dre6 or from any
Intermediate port, or place." to any interdiGt-
ed part OF st. Domingo: And the American
veiie, employed in the manner ftated, would
ne1fnrr-he g'oftDtarfiy carried. nor he actually
defined. herfelft to proceed, to any f,ch inter-
d'cted port or place.
1 ne caic prefents for confederation an obyious
attempt &c evadethe law but 7 will no, affirm,
that, 10 far as refpccts n forfeiture Of The lhiD
and cargo. it is not a cafe Omitted. Even,too
n the Courts OF the u. s. pohefs common law
Juthdiciion, in crjr.inal mattsrs, a doubt nav
ariie, whether protecution could be maintain
cd TOR breach, of the prohibition, to iTa6t
common law penalty ince, the a9 not only
creates new offence, but feems to prefcribe
ipecihc remedy aud pImiainfent. 1t is proper,
however, TO declare, that, in the execution of
Inc offices CT Attorney for the y. S. ;hould
think 1t dutyto bring to legal adjudication,
any veifrland cargo. fixed under the circn,n-
frances. 'which the gueftion defcribes and per-
maps, to indict the prrlnns concerned, in thus
violating the express prohibition Of the ACT of
Coner5fs.
But whatever difficulty there NAV be in fet-
ting tie juf conftruction, of the act as 10 the
forfeiture of veffel and cargo, can perceive no
difficulty in deciding, that the conduct, fun
poied to be ruriued, by the American vefIeI,
would amount TO a breach of the condition of
her non-intercourfe bond, and. of courfe, incur,y
forfeiture ofthe penalty. For, the bond is TO
be given by every veffel falling on a foreign 4,oy-
age; and it is provided, among the variousi
tlpulations of the condition, that 8" fnch fhip
or Veflei, whiln on fuch voyage, fha!l not be
employed, in any traffic or commerce, with. or
for, any per!on, relident within the interdi&ed
part Of ST. Domingo"
Other members of the condition provide for
the cafe of vefTeI defined, or voluntarily car
RED, or permitted to proceed, toany interdita-
ed port or place hut here we find aeeneraI
prov'hon asainft any traffic, or commerce mot
with, or at or to, any interdiCfed ports, or plaL
ces) but with or for any perions rrfdent in fuch
ports, or places, watcher the traffic, or COM
merce, is proiecuted in Harbour, or on th.
feas.
Second OueRion.
VIII any law prevent citizen of the u 6.
from telling at fea, his cargo to a foreigner, and
purchaie return cargo, alth ngh he knew the
foreigner came from St. Domingo?
9. Hnfzver. If citizen of the u s. falls
with cargo, for the purpofr of telling it on the
high feaS, either for fpecie, or for return car.
go, TO a foreigner, who comes from the inter-
dieted part OF ST Domingo, for the purpofe of
making the purchaie, or exchange, l think it
would be cafe of traffic and commerce, with.
in the condition of the non-infercourfe bond
and, eonfequentFy, that it would incur forfeit
ture OF the penalty.
Third OueGioa.
IF an American vefTeIis fold in a forefyn mort
to citizen of the United States, or foreigner.
and afterwards is fent to St. Domingo under
American or foreign colors-- What is neceffa-
ry to have the bond Cancelled Oris the for.
mer owner fuhje6t TO any penalty
b. A1ja0er. An American citizen NAV feIr
his yefie i'll any foreign port TO which he NAV
lawfully carry her, either TO another citizen or
to foreigner but the faIe muft be bona tide
and ahfoIute, not colorado and conditional, in
orderto acquit him of his Responsibility, fhould
the vefel be afterwards fent to the interdieted
part of st. Domingo. In cafe of fuch Some
tide fae, fatisfl6toriIy proved, the former own
err is fubjett 10 no penalties; and, prefume,
an involvement, in the nature ola quiefas, would
be made on the non-intercouffe bond at the Cuff
tom Houfe.
Fourth OReRion.
VI citizen OF the Unned States owns ve6rf
that LETT this country before the law was paned,
or has ince been purchafed in foreign port,
and fdid vedel fhvuld trade between St. Do
mingo and another foreign port what will DC
the coafsquence
4. HgEtver. If any perfon reident within the
United States, fhall employ veifrl, in carry
ing on trade between a foreign port, and the
interdicted part of 81. Domingo, il will he vi
oaton OF the express prohibition of the act of
Congrefs. But as the act feems only TO con-
template forfeiture of the vefrei and cargo, in