Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1808-06-10

leading object of the legislature in giv|
ing the power of detention, ne consiI
ders 1t his duty in the execution of I'D
to give complete effect to the Embar|
| so Laws. He recommends therefore|
that every shipment of the above arr
ticles tor place where they cannot b.
wanted Tor consumption ehoulc, be de
tanned. He perceives no necessity Al
present, tor the transportation offlourS
similar articles, from one port OF tn,
chesapeake aud its waters, to anothe}
port on, the waters OF the same bay
or from any port whatever to ports id
the Chesapeake Delaware or Hudson
or to other places which export such
articles. And in order to prevent the
Inconvenience which the want of
sufficient supply might occasion ir
some states, he has written letter ID
the Governors of New Hampshire
Massachusetts, South Carolina, Geor
gia and Orleans, copy of which is
by his order, enclosed for your infor-
nation.
In order that he may also be en-.
abled to judge OF the manner in which
the law and his instructions are carril
ed into effect, you will be pleased 20
transmit weekly 10 this department,
statement oil the vessels laden with or
ticles OF domestic produce, which shaI
have departed from the district during
the week, shewing the species and
quantity OF ARTICLES, and the port o
destination. Vessels not masted on
decked, packets and ferry boats, YES
sells which give no bonds, md those
employed in carrying FIRE wood, ma
nure, stones and similar articles, neec
not be inserted in the statement.
am, very respectfully, sir, YOU
most obedlent servant,
ALBERT G ALLATIN."
"Ihe Collector OF X chmond."
1t is not denied that if the petitioner b.
legally entitled to a clearance, this Couru
may interpose is authority by the writ @
mandamus to compel the Collector to graz
1t The only questions therefore, viii be
whether the SECTION of the act alluded to
authorizes the detention of this vessel !
and II II does not. whe her the ;nstructl
ons OF the Pres dent through The SecretarN
OF the Treasury, unsupported by n Act q
Congress, viii Justify the Collector in thu,
detention Opthe latter question there cs
be no doubt. The OIL -ers OF government
from the h CHEST TO the lowest, are equal
y subjected 10 legal restraint; and It
confidently believed that all of hem fed
themselves equally inctp bic as well fror
| law as inclination to attempt an unsanc
toned encroachment upon individual lbef
ty II the letter alluded to Mr. Gallati
nENlNr El... L.
dauon not OF command at the utmost Ia
Collector could only pl ad the influence q
advice and not the authority of the Trea
sury department in his justification
In The act OF Congress here is no am
bigui y; he words are:
" sec J.. And be IL further enactedM
That the collectors of the customs be a.,
they are hereby respectively authorize
to detan any vessel oslensiby bound wit
cargo t. some other part of the Unite
States whenever Iii Their opinions The II
len'lon rs To violate aud evade any of Ia
provisions of he ac's laying an embargo
un'II the decision OF the President Of Il
uoi,ed States he had tbereupon."
The object is 10 prevent evasion of III /
embargo act BY vessels which sail ostcuE
s'6iy tor some port IN the United State
when their real destination IS To some d
ther port or place. The granting Of cIeaIE
ances is ieE absolute to the dscreiio
OF the Crllec or; lhe right Of de,ainin
IN cases which excite suspicion, is GIVE
him with a reference 10 the will Of IN
Executive. Congress mighi have yeste
this discreti n in The President, he Sccre
tary ot the Treasury, or any other tfficeH
in whom they thought proper To vest
but having vested he right of granuu
or refusing in the Collector With an appel
10 the President, the right Of graniin
ciearances remains in him unimpare
and unrestricted.
1t does not appear TO us that the i'll
strucloDs from the Treasury Department
are intended to reach this case. The re
commentator not to grant clearances Of
! shipments of provisions, appears by tn
contex, TO be restricted by Two proviso6
evidently pointed at by the reasons as
signed Tor that accommodation. FirstE
If intended for place where ,hey are nd
wanted Tor consumption, or, we supposed
where supplies of the same article can b
had from the state or neighborhsod
which such place is situated Secondly|
For port which usually exports tina, All