Portland gazette and Maine advertiser., 1808-12-19

sniwer 10 your letter ofthe I4th int.
For better preventing coating veiies regu-
larly cleared from vioiS.ing the embargo, two
neaiuTes appear necelIary -
1T That the amount cf the bonds fhould
be ircreaied.
2lly. That neither capture, diitrels or any
oihsT accident fhould BE- admitted As plea,
81 be given ID evidence on trial.
BY the hrit regulation the temptation of go
ing 20 foreign port, in hopes thar the profit
the faie Of The cargo will indemnify for the
forfeiture Of the penalty viii be done away.
BY the fecond, every expectation of eicaping
The payment of the penalty under fraudulent
pTeteDces will be disappointed; and the pow
er Of RENTING the penalties in the few CAFES
C unavoidable accident which may occur,
viii remain as heretofore and as IN other ca
ies with the ttealury.
As the object OF thole two regulations will
be to make the bond a fuffcient aud complete
.ecuritY, they will have tendency to relieve
IN a comfortable degree, the coating trade
from the Inconvenience relulting from deten-
tions The Efficiency of the bond will in
many doubtful cafes remove the neeeflity of
OBTAINING yeiIels, or what amounts TO the fame,
Of informing the owners thar unlels they re-
duce the amount Of their cargoes they will be
detained.
would alto fu5mis the propriety of pla-
eng uader the control of the PRECEDENT, that
power of deiention velted in the Collectors by
The aet of the 18th April lalf That fubiect
has been cOnltant fouree of complaint and
difficulty. Il has been the uniform practice
from he eltabilhment Of the government Of
the Y S. TO give po6tive inltructions to the
collectors reipecfing the execution of the
laws, add which they were bound TO obey IN
leis different contraction fhould be eftab-
Lihed by legal deci1on. This indeed was
ellentially neaefIary in order to fecure an uai-
tom contraction and execution of the laws.
But the prov:lons now alluded to makes the
derenton TO ref on the opinion of each col
isctor, and this NUT neceiiarily produce
great diveriiy in the manner in which the
power ihould be executed. All has been. done
that could be done 20 obviate THAI evil and
the PTefdent being authorized to decide on
the detensions when made, the opportunity
vas ak n TO inform the collectors Of what in
his opinion fhoud be proper caule of deten-
tIon. This however could be given only O.
piniou, and operate as Recommendation, and
not As an order. Nor does It appear pra6tica.
b'eto eftabiilh uniformity, and 70 prevent
Partially, and either laxity or too great fever
sly in practice, unlris the power Of Preicribing
general rules IN thar reipeef by which the
Collectors viii be bound 70 abide, be velied
IN the PRECEDENT
7 am aware that there is vnother mode OF
evalion by regular coating velIels which will
not be prevented by either Of the preceding
provid0ns Either whilst in port, or on their
way down cur rivers and bays, coating vef
iels may receive articles not entered on their
nlInifeit, which they put on board other vei-
fels lying oft the coaa for that purpoGe.
But il Is not perceived that any legal provi-
fion can prevent that infratfion, nor tina. any
other remedy can be found than the vigilance
of the officers. Another general regulation
will however be fuggeited, perhaps ufeful as
permanent meafure, bur which wouldat all
events, under exiting circumstances, give adj
dtional fecuritv TO the oblervance Of the laws
and afford lome relief to our own feamen !;
20 wiz, 2 prohibition to employ any aliens Ell
Their as matters or part of the crew of any
coating veiIel.
Its ltill more difficult TO guard againft yio-
latons by veiiels departing without clearance
IN open defiance of the laws. The following
proportions on mature confederation appears
tho mon efficient that can be devifed againn
rsprefs a they may be daley expected to in-
orsafe and threaten TO proftrate the law and
government itislf
1T Toforbid expressly under pain of for.
fe.ture {the penalty not being only implied)
the l4ding 81 any velel without permifion of
the Collector, ard without the bond for
coating voyage being previouay given; au-
taorizing the collectors TO refufe permiihon,
,fnfss 81 y het -, Of
or fiihng voyage. The great number Of
veiIelAnow laden and in fate Of readiness TO
depart fhe,ss the neceliity of this proviiion
Ii there be cafes, in which the indulgence of
converting veiTels iato ware LouCes ought to
lie granted there will be 10 hardthip, where
the ateatioa IS fair, TO require bond hmilar
20 that given for coating voyage And the
Collectors illould likewife in fucll cafes be ex-
pretty authorized to take fuch efficient pre-
cautions as will put il ont of the power OF
fuch veleis to fail without warning
Id order 10 prevent thofe fraudulent faies
~ vefels by which oteniibe owners Of no
responsibility are fubaiiuted 70 thole from
whom penalties rght be recovered, il is ne
celary 10 provide that Ihole owHers OF veiIes
Nilole names appear 10 the regifer or Lcenie
fllould continue TO be required as fuch and liza
be to the penalties in cafe OF infraction of the
laws, until the regifter or licence fh4ll have
besa actually surrendered aud new papers
.ihell have besn'regularly granted by the Col
le6tor to the pGrch2ier. And in every fueh
cafe or purchaie lnfHcient bond that rhe
embargo lhali not be infnnged to be previoul-
Nv required.
3. fhe power to leize unulud depoits now
veited in the collectors Of eiiriets adjacent to
the territories offoreign nations ihould, As wa,
cantem lated 10 The bill paled in the Houle
OF Representatives,, be extended to all the dit
fritfs laat thi, IS arbitrary power,w which
nothing bar the unidentified ciTcrys in Tome