The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-12-13


agsinsi infiae,ains WHICH il is TIE more ne
ccssary to repress, Al. they may be dailv ex-
rcctcdto increase ard threaten to pvostrctc
the law and government itself
1s,. Toforbid expressly under pain OF for-
teiture lthe penalty now being oaiy inplie,i)
the fading of any vessel without the pcrmis-
sion Of the coliecto. ANA without the bond for
a coasting voyage being previously given :;
authcrising the collectors to refuse perm;ssi-
on, unless the object be that ola lawful 'coas-
ting or fishing voyage. The g.eat number
OF vessels now laden and in state Of rcadi-
ness to depart shews the necessity Of this pro-
vision. Ii there be cases in wh..:ii, the in,lul-
gcnce OF converting vessels into ware houses
ought to be granted, there will be no hard
ship where the intention is fair, to require a
bond similar to that given for coastiny vow
age. And the collector should likewise in
sNch cases be expressly authorised to take
such efhciens precautions as will rut it out of
the power of such vessels to sail without war
ming.
"a. In order to prevent thosc fraudulent
sales OF vessels by WHICH os,ensiD!e owners Of
no responsibility are substituted to those from
whom penalties might be recovered, it is ne
cessary TO provide that those owners Owes
sells whose names appear OH the register or
and liable to tGcpenalties in case OF infracti-
on of the laws until the register or licepce
shall have been actually surrendered and
new papers shall have been regularly granted
by the collector to the purchaser. Aud in e
very such case ofpurchase, a sufficient bond
that the embargo shall not be infringed, to
be previously required
Sd. The power to seize unusual deposits
now vested in the collectors OF districts ada
cent to the territoriesof foreign nations should
as was contemplated in the bill passed bv the
House ct Representatives, be extended to all
the districts. That this is an arbitrary pow
er, which nothing but the unremitted efforts
III some places to cvadc the law can posi-
bly, justify, cannot be denied; and it should,
like that of detention, be placed under the
control OF the President, and be executed only
in conformity with such general rules as he
would prescribe.
4. Exclusively of the assistance which
may be derived from gun-boats and from the
armed vessels ofthe United States it would
be advisable to authorize the President to add
ten or twelve cutters to,the present establish
ment. Fast sailir, vessels of every draft of
water and requires only from fifteen to thir-
~ men each are mostly wanting, and would
Tor the object contemplated, be AS useful as
the largest fi'igates.
5. 1t is with regret that the necessity of
authorizing, OH the application Of the collec-
tors az immediate Gail OF the local, physical
force OF the country, must also be stated
But such partial acts of violence as have ia
Ken place IN some Of the seaports cannot be
prevented by the Circuitous manner in which
the public force must now be brought out i'm
support of the laws. And no doubt exists
that tue mass Of the citizens, whether they
IN every port, instantaneously suppress any
such outrage, provided they can be called up
on TO act iii legal manner
Some other provisions appear also neces-
sary Tor the purpose Of carrying the laws
more completely into effect along our land
frontiers.
l. The expectation ofspecie by land should
be expressly prohibited.
2. The power of OBTAINING deposits should
be so expressed as to leave no doubt off the
authority to detain Wagons and other car
rlaSes laden and actually on their way to a
foreign territory. Although l cannot per-
ceive any reason for the distinction, it has
been supposed in one of the districts that the
law which authorised the detention of -four,
beef OF potash deposited in ware house, did
not extend to the case Of their being deposit
ed IN wagon although evidently on its
way to Canada.
8 The offence now punishable by law is
that of expectation, This is not consumma-
ted till after the property has been actually
carried beyond the lines, where, being in a
foreign Jurisdiction, it cannot be seized: so
that forfeiture, which is the most efficient
penalty, Can never apply to expectations by
land: and no bond being required as in the
case OF vessels, the only remedy is the un-
certain one Of recovering penalties against
apparent offenders who either abscond or
have no property. How far it may be- prac-
ticable to make the act Of preparing the
means of expectation punishable or to pro-
vide some other remedy, is submitted to the
committee.
But it must also be observed, that every
degree of opposition to the laws, which falls
short OF treason, is now with but few eXcep-
.lons an offence underlined and unprovidcd
for By the laws of the United States whence
it follows that such offences remain unpu-
1ishcd when the state authorities do not in
erfere. The necessity of defining those Of
fences by law as misdemeanors and of pro-
'idng an adequate punishment appears OBJ
viOus.
l will beg leave here to add that it does
not appear necessary 60 Continue any longer
he indulgence granted TO the British nicr-
chants to import for the use % the Indians
articles Of which the Importation is general
y prohibited b, law as that privilege is Ii
able to great abuse. and affords Just ground
Of dissatisfaction to American citizcms.--
lUhefLet. be oJ,.;s,I,f,, co,..:.....