Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1808-06-09


olate or esade any Of the provisinns Of the
acts layiog an embargn. bus thar he dr,ains
them under the Instructors which he has
received under the letter aforesaid, and
which as pnblIc oMcef he IS bound.so o.
hey: That being unwilling, on the one
hand, 20 injlrr indiv,dyals; and, 90 the
other, equally so, to CONNIE breach Of
his duly, be submits the question to the
coura, upopths cause sbssez shown.
SIMEON THEUS,s Collector 3
The case was then submltted without
argument.
lodge JoHrsos dsA;yerea. the fStloasdng
opinsca, Of he cauri.
!. The aaiuasl,, upon which this mosioa.
is founded. states, sha. the ship Z ssonrce
is oallas,ed with l so barrels OF rice upder
a load of Cotton, aud is dssirned Iof The
spssrs Of Baltimore The collector. ~ h's
resurn 10 the rule, acknowledges. tha. ne
believes the pori of Bslumbre 10 Is herrc
al destination, aoa thar, il be had no
sher rule Of conduc,, b1. The Iii, sectipa
OF the act supple lne1taFy tothe snbsrg5
acr, he would DOT dSta,n hsr; bu. - gss 70
excuse. foe refusing her a c.earaoce, q
letter. from The sscrstxty Of the aessury.
Il is nos denied that If The petitioners De
leg.ly ea,iled so 3 clearance, tbs couss
s9sy ,o.erpose It's authority, bs the wit Of
msodanas, 20 compel the collector 10
grant it. The only questions. therefore.
wall be, whether the scctloo Of thssacs ale
luded so, authorizes the detention Of the
vessel, ant, il 1t does not, vine her the
distractions of the psesiGeaf. through the
secretary of the treasury, nasusportedbY
al ac, Of the coagress, gill justly, the cai-
l.eior in sha. detention. On The latter
question there can be na doubt HE offs
GERS Of our goysramsns, fron the highest
10 the loves. arc equally sub;ecevd ,oiegal
restraint, aud lis con6Ieody believed sha.
all Of them feel themselves equally inespa
bic, as veil ffom law az inclination, 10 AZ.
tempt an unsanct,oned encroschmsns opon
iai.sidusl liberty. 10 the letter aaadedtp
Mr.. G.lIsiin sprsks only 10 shs language Of
net Of conmanu; the
u,moss he collector could only plead The
inhaecce Of advice, and nosihr authority
OF The treasury departmental bis jasli6si
ton.
(. 10 ,hr act of eocstes. there IS no en-
biguity. The objec'is 70 prrvsns esasinns
Of he embargo iaw, 81 vessels wnicn .ail
osrcosbly for some port 10 The u. S when
their real s.cs.inaie.u is 10 SEINE her por.
sor place. The granting Of elsarancss is
lsf absolutely a. he discretion of the col
lec.or The rishi Of dssa,n,ng incases which
.sc,se suspicis,n is given him, with re
ference TO the will Of The executive. Con.
g,ess might hevs vested this discretion 10
The president, the secretary Of the treasn-
~, or ary other officer, ia wnom they ,he,t
procer 10 vesiit; bit, haring vested TIE
r,gh, Of granting OF refusing ~ The COLES
or, with an appeal 70 The pres'den,, oeiy
in case Of refusal-.he right Of granting
clea.saces remains 10 bin unlmgaired aid
unrestricted.
|. does 90, appear to Us that the 10
s,.ueions from the ,rea.usy department.,
are iafendsd 10 reach this case. The re.
commendatIoa not TO grant ciearaoces 90
shipments Of provisions appears BY The
consexs 10 be restricted by .wo pros,so.,
eyideo,ly pointed ., by The reasoos assign.
ed fer that recommendanon. FIRST il
intended for a place whefc they are no.
,waoted for consumption, or we suppose.
whese supplies OF the same article CAP be
had from the state or ne!ghbprhood 10
which such place ia situated. Secondly,
tor por, which usually esporrs tina, ar
,icle. Now with regard 10 TIE article ot
rice. il is impossible 10 say how much the
city Of Rslirao-e vii! w4nt tor its con
sumpiion. as they have no ioserna! supplies.
aud as the three southern ssases alone are