The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-12-13
Committee Chamber, Nov. IA. 1908.

Committee Chamber, Nov. IA, 1903
DEAR SRI am instructed by the Com
mittee appointed to consider the several en-
barge laws, &c. to request you to lay before
them with as little delay as possible, such in
formation as your Department affords upon
the following questions:
First. What measures would be most eff
tectual in preventing the violations or eva
sions of the several Embargo laws and en-
s2rcing due observance thereof?
Second. Can any of the Inconvenience of
the present systen he remetlicd by further.
notifications and what notifications would
effect that object?
Be pleased. Sir,to accept, assurances of
my high consideration and regard,
(Signed) w. B. GILES.
Ron. HILBERT GhiLA7IN,
Sec'ry. Of the Treasury. 5
Treasury Defarin,e,pt, Nov. "a, 1903.
SIR,
lndisposition his prevented an earlier
answer TO your letter of the 18th INST
For better preventing coastins vessels re-
gularly cleared from violating the embargo,
two measures appeal necessary -
1st. mat the amoInt OF the bonds should
be increased.
IDLY. That neither capture, distress, or
any other accident should be admitted as a.
plea, or be given in evidence or trial
BY the first regulation the temptation of go
ing to foreign port, in hopes that the profit
on the sale of the cargo will indemnify for the
io-feiture of the penalty will be done away
By the second every expectation of escaping
the payment OF the penalty under fraudulent
pretences will be disappointed and the pow
er of renting the penalties in the few ca
Ses of unavoidable accident which NAV occur,
will remain as heretofore and as in other ca
ses with the Treasury.
AS the object OF those two regulations will
be to make the bond sufficient & complete
security, they will have a tendency tc re-
lieye, in considerable degree, the coasting
trade from the Inconvenience resulting from
detentions. The sutiiciency ofthe bond will
in many doubtful cases remove the necessity
OF OBTAINING vessels, OF what amounts to the
same, of informing the owners that unless
they reduce the amount Of their carcoes, they
will be detained.
l would also submit the propriety of pac-
ing under the control of the President, that
power Of detention vested III the collectors
by the act of the 18th ofApril last That
subject has been constant source of COM
plant and difficulty. 1t has been the uniform
practice from the establishment Of the go
vernment OF the u. States to give positive
instructions to the collectors respecting the
execution OF the laws, and which they were
bound to obey unless different construction
should be established by a legal decision.--
This indeed was essentially necessary in or
der to secure an uniform construction and e,<-
ecution of the laws. But the provision now
alluded to makes the detention TO rest on the
opinion of each collector, and this must me-
cessariy produce great diversity in the
manner in which the power should be exc
Cuted. All has been done that could obyiate
that evil and the President being authorised
to decide OF the detentions when ,nade. the
was taken TO inform tho collec-
tors OF what i'll his opinion should be a pro-
per Cause OF detention. This however, could
be gwen only IS opinion and operate as
a recommendation, and not as an ORDER
Nor does 1t appear practicable to establish
uniformity, aud to prevent partially, and
either laxity or too great severity in practice,
unless the power Of prescribing general rulcs
in that respect by which the collectors will
be bound TO abide, be.yested in tic Prcsi
dent.
am aware that there IS another mode of
evasion by regular coasting vessels which
will not be prevented by either of the pre-
ceding provisions. Either whils- in port. or
on their way down or rivers and bays, eO1st-
ms vessels may receive articles not cntrrei
on their manifest, which they put on beard
other vessels lying on thc'coast for that por-
pose.
Bat 1t Is not perceived that any legal pro
vision can prevent that in(raction, nor thata
~ Other rcme.le cav be fourd than the vi
glance of the officers. Another cenerh re-
5ulation viii however be suggested, pcshaps
useful as permanent measure, but which
woild at all events under existing cirsun-
stances, giyc additional security for the OBJ
5crFanoc Of the laws aud afford some relief
to our own scamcm; to wit, prohibition to
employ Eny aiieAs either as masters or paft
of the crew Of any coas.iug vessel.
is still more difficult to guard against Vi
'iaiions by vessels departing without clear
ince in o.yesi dcftncc Of the laws. The fol-
owing provisions ON mature consideration