Alexandria daily gazette, commercial & political. [volume] (Alexandria [Va.]) 1808-1812, 1809-04-20

4 bond of 500 dollars Perton Cannot IN such
case be required, but although the foreign
purchaser of such a vessel is entitled to
clear her out without giving the bond, yet
IF he proreedssto a forbidden port, the own
ser, as stated In the preceding answer, will
sbe liable to forfeit her value. Err the case
,of any other sale {of the whole or part ex-
scept that of a registered or licensed vessel
to q foreigner, the collector has right TO
require the bond.
QUESTION III.
IF an American vessel obtains aclear-
sance in the United States with adj the usual
documents, for a foreign port, and actually
proceeds to that port, can the Legality OF
such clearance and destination, be after
wards questioned in the United States
ANSWER.
Althongh tits obvious that the exercise
Of the power vested in the executive branch
of our government to give or withhold
clearaaces, may from mieinterpretation OF
the laws, or nisintormation of the facts,
occasionally lead to great Inconvenience,
yet we are clearly of opinion that the party
takes the clean ance at his Own llsque, and
that thelegality of the destination may BE
afterwards questioned in the judicial trfbu-
mails ct this country, In suits or prosecutions
instituted by the United States.
The rapid changes of the political reia-
tons Of Europe, which ,se';eminently cha
racterise enc present times, render 1t almost
impossible to ascertain that any destination
is, at the .momentsof granting the clearance,
within the provisions of The act, but inde-
pendent of changes which may have taken
place abroad since the date Of the last intel
ligence !; the information received may
prove incorrect, or the administrator may
possibly act on erroneous principles Ia
granting it. The obligations Of law are pa
ramount to all others, and the party is bound
to comply with them, as ultimately ex-
pounded by the Judicial branch of govern
nent, nor can he viRdicate himself by pro-
ducing the permission of an exec utive ofRc-
er to violate them. On the other hand, the
clearance ought not to be refused if the
| place OF destination is not within the prohl-
billions OF the law. and actor, Tor eia.nas-
es would undoubtedly lie against the officer
refusing II.
QUESTION w.
!" Are Spanish dollars or other foreIgn
coin prohibited to be exported, by any ex-
isting law Of the &. S. Z"
ANSWER.
Prior to the@sct of Qecemper ed, 1907
no such prohib.tion existed. Ihe general
expressions Of goods, wares and merchant
re introduced into that act. inGlade foreign
coiD. 1t is well settled that by a grant or
devise at goods, money passes. we know
/ of 10 decision excluding the same Interpre-
tation Of similar expressions IN a law. l.lie
distinction between specie and goods IS not
noticed liz The first embargo law, and It's IN
PRODUCTION into the subsequent acts on the
same subject we conceive 10 have been rA-
Necessary; but if, from greater caution, the
legislature thought proper to introduce IT.
wedo not think that this Circumstance oaghe
TO govern the construction ofthe non-lhtor7
course law in which no distinction appears
Ii 1t did, the consequence would DC tliat
should Great Britain ana France revoke 4
their obnoxious orders and DEGREES, and our
ports be thrown open to the world, specie
could not be exported to any place.
We are therefore Of opinion. that SO Tar
as relates t. G.. Britain, France, and their
dependencies, neither specie nor any other
articles can be lawfully exported lnour yes
sells, but SO fa.. as relates 10 other places,
specie may lawfully be exported.
EDWD. TILGHMAN.
w. RIA WI f.
Philadelphia, April 18th, 1909.
COPY
OF a Letter from the Secretary of The Tree
snaal ia the [ohecfor Mt tie Port at IYtz-