The enquirer. [volume] (Richmond, Va.) 1804-1815, 1809-01-12

"''sfet wi
sequences. The crime created by the hiil.
Is that OF a persons clearing out a vessel and
cargo Tor a port in the u. States, and volun-
eariif going contrary to Jaw, to 4 foreign
port. To Il case of capture, of being pre-
vented by the act of God, from reaching the
destined port, there can be no pretence of
CRIME. And will Congress declare an offence
! ny statnf@ aud tlca!' - = $500, acc:scd LIZ
right IF "a pleading, and giving in evidence
the only matter of fact that goes to his ex-
%culpations Of what use is the trial bv Jury,
fer ages revered asth palladium ofinnocence
against the oppression Of power, if it may
thus be narrowed down and perverted? And
Tor what cause is this principleto he intro
duced! Are Courts and juries distrus-
ted? And therefore i is that the established
usaScs and rules of trials are 10 be abandon
Ell! The secretary Of the treasury, tits said,
may remit and mitigate forfeitures and Pc
%nalties; and he win give relief. SoiDnocence
Is to sue, as a favor for relief, from penal
ties and forfeitures awarded to guilt, from a
Secretary of the Treasury, when it is enti-
tied to an acqIittal in a court of justice.
1t IS made lawful by the 9TH section of the
bill for collectors to withhold II license or re.
gister for a vessel, when sold, unless a bond
shall be given by the owner previous to the
sale that such ship or vessel shall not contra
vene the embargo acts.
The provision infringes an essential right
OF property. and is as oppressive as it is un-
Just. Owners OF vessels already deprived of
their use by an embargo, are to be prevented
from disposing OF them in payment of their
debts or for other purposes, unless on cond;.
ton OF becoming bound FOR the good behavi-
or OF all future owners of thS vessel, il mes
pect to the embargo acts, as long as they shall
continue.
The sections have considered, principal
ly affect merchants and sea-faring men in
their business, at stores, custom-houses a
bout wharves, ships and vessels. But other
sections take a wider range, and intrench
on the ordinary Concerns of the great body
ofthe people, by the powers they give for
unreasonable and arbitrary searches for, and
seizures of their property.
Collectors of the customs throughout the
United States, by the 18Th section, are en-
powered to take into custody, specie or any
articles OF domestic S:amth or manufacture
under these circumstanCeS-in places where
there is reason to believe they are intended
for expectation in vessels, sleighs or other
.'arriages, or in any manner apparently OH
their way towards the territories of foreign
nations, or a place whence such articles are
intended to be exported-And, when taken
INTO custody. they are not permitted to be
removed without bonds being given for their
P i' oSi'iS nav Civ III lDC
opinion of the Collector, there is no danger
OF snch articles being exported.
Without warrant founded on proof, from
suspicion only, may this unbounded licence
be exercised. Our houses, heretofore our
Castles and the secure a5odcs of our fami-
lies, may be thro IN open to the visits Of col
lectors to search for and seize our money
and goods whenever instigated by suspicion,
prejudice, resentment d party spirit.
No place is to be protected the people
may every where be- exposed, at home, on
the way and abroad. Specie and goods, thus
seized without warrant, and on suspicion on
~, are not to be removed unless, and until
bond with sureties Shall be given for landing
or delivering the same in some place of the
Unised States, whence in the opinion of the
collector, there shall not be any danger Of
such articles being exported. These proyi-
slons strike at the vital principles of a free
government: And are they not contrary to
the 9TH and 5th articles OF ~mendmen to
the constitution! Are not these searches
and seizures, without warrant, on the mere
suspicion of collector, unreasonable search
eS and seizureS? And is not a mar thereby
t"be deprived OF fTorerty zyiEhoHt due fro-
cess q lazy?
Such is the-unprecedented nature and en-
orInous extent OF the powers given to col
>SsoiooJ ms oih, diN ny "Hdt HiSdHSb AK
IN what manner are they to be exerciSed !
By the l It'll section, it is enacted, That the
powers given 10 the collectors, either by this
or any other act respecting the embargo, to
detain any vessel, or to- take into their Gus
tody any articles Tor the purpose of prevent
ing violations OF the embargo, shall be eXer-
cised i'll conformity with such instructions as
the President may give, and such general
rulss as he may prescribe for that purpose,
made in pursuance OF the powers aforesaid (;
which instructions and general rules, tue col
~lectors shall he bound to obey nor shall they
be liable TO any action, suit or Judgment, Oil
account Of any detention of vessel, or for ha-
wing taken articles into their custody in Con-
formity WIFI such Instructions and general
rules"
Here Presidential instructions receive their
last seal and stamp Of authcrity.-Ihey are
made binding on collectors !; and for acts
done in Pursuance Of those instructions, they
were TO be responsible.
These instructions, according TO the terms
OF the bill, arc to become TIE supreme law
OF the hand, and obligatory On the courts OF
the United States and Of the States. 1t may
be said, that, 10 render them authoritative
the instructions must DC in pursuance Of the
powers granted by the bill TO TIE collectors,
and that they are mere executive directions,
gwen for the purpose OF producing an uni
form and ~sys;cmaolic course II proceedings
among collectors. If indeed this be their
I cl,teps ord .t,srrT.~..t u,b.. "a, -. ~ to,cc 10