Portland gazette and Maine advertiser. (Portland, Me.) 1805-1818, 1808-12-26


should b expressly prohibited.
.. The power Of OBTAINING deposits
should be s0 expressed as to leave no doubt
afthe authority To tletain Wagons and other
carriages laden and actually ON their way TO
4 foreign territory. Although lcannot rer-
ceire any reason for the distinction, it has
been supposed in one Of the districts that
the law which authorised the detention of
-four. beet or potash deposited in ware
house, aid not extend to the case Of their
hing deposited IN Wagon, although evil
IDENTITY On its way 20 Canada.
5. The offence now punishable by law
Is that cfexporta,ion. This is not cons,m-
mated till after Che property has been actu-
allv carried heynnd the lines, where heing
IN q toreign jurisdiction, Il cannot be seized
so i.al Forfeiture, which is the most efficient
penalty, can never apply 20 expectations by
land and no bond being required as in
the case Of vessels, tie only remedy is The
uncertain oneof recovering penalties against
apparent offenders who either absc0na or
have no property. How far it may be prac-
ticable 70 make the act of preparing the
means Of expectation punishable or 70 pro-
vide some other remedy, is submitted to tue
committee.
But il must also be observed, chat every
degree OF opposition 70 tho laws, which
falls short of treason, IS now with bat few
excel lions, an offence underlined and I'M
provided for by the laws Of tie United
States whence it follows that such offences
remain unpunshed when the state anthori-
ties do not interfere. The necessity of
defining those offences by law as INSIDE
-Eneanors and Of providing an adequate pun,
ishment appears obvious.
will beg leave here TO add that it does
not appear necessary 10 continue any longer
the. indulgence granted % the British mer-
chants to import for the use Of the Indians,
articles Of which the importation is general
N prohibited by law; as that privilege is
liable to great abuse and Affords Just ground
Of dissatisfaction to American citizens.
Whether it be advisable TO continue the
permission given to those Ildain traders 20
export flrs and peltry, is a question to be
decided by political considerations,
The last branch Of the subject to which
wish at present to call the attention Of the
committee, relates t. Interruption and GER
tain injurious proceedings attempted under
color of law.
/. Vexatious suits are brought against
Collectors, which not only rerplex faithful
officers, bot have the effect of intimidating
Others. and prevent an energetic perform
ance Of their duties. The Only provisions
which have occurred to me on that subject !
are to enable the collectors who may be |
sued, ALWAYS to remove the cause sefore |
court Of the II. States TO make a certificate |
issued by the proper authority, that there
was reasonable cause Of deteEtion, protect |
them against damages in cases Of deten- l
tons, in the same manner as is now provided |
N case of seizure and 10 provide tor the |
safe keeping and restoring when proper and
on security being given, the vessels and !
property which may be- detained.
2. Attempts have in several instances
been made 10 wrest from the collectors by I
zyrits Of replevin issued BY state courts or !
officers property detained or seized by said /.
collie ctors, or which, IN any other manner, \
Is 10 their. possession IN conformity with ]
some law Of the u. States. II is evident !
chat such attempts, if Submitted to, would |
dcfca. not only the embargo bat also the |
revenue laws of the United States; That |
whenever pfopGity is by virtue Of 4 Jaw ot
tile U s. III the possession ct collector, !
marshal, Or any other Of their officers, no |
process IN rem which viii take the property |
away. whether Of Tepieyiu, attachment or
any other, can Sc legally issued by state |
authority and that the sheriff or other per- |
son executing the same, must be considered
az mere tresDasser, and be resisted accor-j
dinghy. But there is no other way at pre-
sent 10 resist such Illegal process bat actu-
al force. Aud Il appears necessary that a.
mother remedy should be afforded, by pro- |
Yiding summary mode Of supercedin5 any |
such process through the Interference OF
tie courts ard Judges Of the u. S.; and by |
making II penal Tor any Sheriff, or other per- |
son, To execute The same, or IT. any manner
~ attempt 70 tale property which by virtue
Of any law of the L. ). IS in the collectors
possession. Il
I. IN some instances where vessels and
cargocs lihened for infraction of the embar-
GO have been restored To their owners and
On their giving security for the apprlsed
value. the ysluati us have been so low as to
reduce the forfeiture to an mconslderable
sum, thereby defeating altogether the law
Ii IS suggested that this might be prevented
bya provision autheFiSing and directing the
district Judges to set aside, on motion Of the
district attorney, such valuation whenever
an their opinion falling short OF the true
value.
On the subject Of nrandamas viii
only observe that, ia the only instance which
has taken place, the court, supposlng they
had jurisdiction, could not, from the man
ner in which the question was brought be
fore them, have decided otherwise than
they did but that i is desirable that the
question Of jurisdiction, as Il relates either
u the courts in which the power ought to be
vested, or = the coutts % which Y should
extend, should BE- precisely defined by
law.
have not in this communication taken
into consideration the technical defects q
the existing embargo laws, because prose-
cutons do not fall withia 10y immediate
cornizance, and DO not feel competent y
IL. ta.l ~ rlniniinnr ont the necessary alter