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

not on!y the etrsbatge but Also ,he revenu,
laws oil The Cnited States 1nat Whenever
'propcriy is by virtue OF law OF the United
States, in the ptsSess sion of collector, mar
sinai, or amy otucr vi sheir officers, no process
u: rem whicn viii take the property away,
whether OF rep esm, attachment or any o.
TIER, can DE legally issued by state autho.
rity i; and that the sheriff or other person
executing The same, must be considered az
mere trespa>ser, and be resisted accor-
omSiy. But there is no other way at pre-
sent to resist such illegal process but actual
FORCE. And 1t appears necessary that ano-
ther remedy should be afforded, by prcvi-
ding summary mode of superceding any
SUCH process through the interference. of the
Courts and judges q the United States: and
by making 1t pcna! for any sheriff, or other
person. to execute the same, or in any man
ncr to attempt to take property which by
virtue of any law of the United States is in
the collectors possession.
8. In some instances where vessels and
caryoes libeiled for attractions of the embar-
go nave been restored TO their owners ON
,neir giving security for the appraised va.
Tue, the vain atoms have been so low as To
reduce the forfeiture to an inconSiderable
sum, thereby defeating altogether the law.
1t is suggested that this might be prevented
ny provision authorising and directing the
district Judges to set aside, on motion oil the
district attorney, such valuations whenever
IN their oninicn falling short OF the true va
lue.
4. On the subject of mandanus. / will only
observe that, in the only instance which has
takeh place, the Court, surprising they had
jansdiction, could not, from the manner
IN winch the question was brought before
them, have decided otherwise than thew did
but that it is desirable that the question Of
jurisdiction, as 1t relates either to- the courts
IN wnom the power ought to be vested, or to
the courts TO which it should extend, should
be precisely defined by law.
have not in this communicat taken
Into consideration the techni, al defects of the
existing embargo laws, because prosecutions
do not tall within my immediate cognzance,
and do not feel competent to the task of
pointing out the necessary alterations
Measures have, however, been taken to pro-
cure on that subject and from the proper
sources, information which will hereafter be
laid before the committee.
10 the remaining enquiry of the commit
tee, whether the Inconvenience of the
present system may not in some degree be
removed, can only answer generally that
law which lays such extensive restriction,
as the embargo cannot be carried into effect
without imposing serious Inconvenience e.
ven on the domestic intercourse of the u.
States; C that these must necessariy.be in .
creased IN proportion to the opposition and
efforts to evade or violate the law 1t has
already been stated that provisions which
VIII render the bond given by coasting YES
sells complete security against violations of
them, will diminish the necessity and extent
OF more arbitrary restrictions. An authori-
ty to permit, on proper security being given.
such vessels when they arrive in port, to
keep their cargoes on board, would afford
some relief And think that the credit on
dnJes accruing on the Importation of certain
articles, which was allowed by the act of
10th March last should be extended to all
lmportations of the same articles made af
ter the passing OF the act, those made in
vessels which sailed under special permissi-
on only excepted. With respect to this last
class OF importations, as they were permitted
by special indulgence, as il is understood
that it has been impossible IN many cases to
prevent its being abused and as in almost
all the parties having species of exclusive
privilege, have made sufficiently profitable
voyages, the propriety particularly in the
existing situation of the revenue, of allowing
them also the advantage of an extended Gre
dit on duties, is not perceived.
have the honor to be, %.
With great respect,
Sir, your ob't servant,
ALREPT GAIJtTTN