The enquirer. [volume] (Richmond, Va.) 1804-1815, 1809-01-14

ianding OF delivery OF the same in some place
III the Onited States, VINCE, i'll the opini-
on OF the collector there shall not be any
danseno OF such articles being exported"
The objection is, that it violates the 4tli
article OF the amendment to the constitution:
that article is in the following words:
Art. q The right of the people tn be Sc
cure IN their persons, houses. papers and
effects, against unreasonable searches and
seizures. shall not be violated i; and no war
:aHss shall :s:::a !:::. 800: ::-ai..l.lc c...ec
supported by oath or affirmation, and parti-
cnlarlv describing the place to be searched,
and the persons or things TO be seized"
III th's section or any other, violated this or
anY other a%ticle, W ,rd or letter of the con-
siitution, the bill would drop unsupported
from my hands. The only queSsion which
arises between this section and the 4th arti-
Gle OF the constitution is, whether the Sci
lures acue authuri zed are reasonable or UNI
reasonable: ! believe that every person " Ill
conclude, that when property is iutended t.
tbe used TO vioiaIe the laws Of the United
+, States, and 10 accommodate their ~enemies;
lthati 1T ought to be seized. and the object IF
II, owner prevented 4; such seizure there
iore, cannon Oe dee.ned unreasonable, aud of
course not unconstitutional AS to searching,
is no power whatever in the section,
given co enter into houses, nor to search
them either with or without a warrant, nei-
ther IN the day nor in the night time, and of
course the clause respect & Sc; rches, can in
no respect whatever apply to this section
Seizures under less imperiaus circumstance
are justified by all your revenue laws, &c.
&c. and as one case in point amongst others.
l would beg 70 read an extra ct from the 4th
vol. or laws, sec 6S, page 389.
" An act 10 regulate the collection Of du.
ties OH imports and tonnage.
Sec. 68. That every collector, saval of
fcerand alrveyor, CT other persons special
~ appointed by either of them for that pur-
pose, Shall have full power and authority to
enIer any ship or vessel, in Which they shall
nave reason TO suspect any goods, wares or
melchandlze, subject to duty are concealed,
and therein to search for, seize and secure
any such good 5, wares or Merchandi ze," &c
Ihave never heard Of any complaint from
THIS mode OF proceeding IN collecting the re.
venue, and there certainty ought to be none
against a similar provision for enforcing a
due Observance of the embargo laws.
It's said this section .ia.ates the sth arti-
Gle Of the amendments to the constitution
The mere reading Of this article will be sut
hcient TO show, that it has not the remotest
reterepce to any part OF the section in oies-
ton. 1t Is III the following words:
"No person shall DC held to answer for n
Capital or otherwise infamous crime. unless
on a preSentment or indictment of a grand
Jury, except In cases arising in the land o,
II avail toTccs, OF i'll the militia, when i'm &C.
tuai service In time of wal or yublic dan
ger; nor shall any personb be subject for the
same oifesce To be ,WiCe put III jeopardy OF
lie or limb, nor sh Iii De Compelled in any
terminal case to be witness against himse t,
nov be deprived OF life, liberJy or property,
"sthout due process OF law (; aor shall pri-
vate property DC takeu for pablo use with
out just compensation"
No private pruperlyi is proposed by this
section TO be taken for public use. either with
on without compensation, out mcrei, thai Il
i.shouiJ be he'd Tor the owner until he sncl;d
give security, hat he would not thereby Vi
oiate the law beg leave to refer to a case
IN point to justify tn provision: IL is in the
69f! section Of ne revenue law just read
AN Vol. page $50; tie words are the follow
ing:
"Atc 90. / hat all goods. wares and mer-
chandizc which shaiAAe seized by virtue of
tn" act, snail DC put into and ,emaln IN the
custody OF the collector, o. sucn other per
son as he shall appoint for tina, purpose, I'M
"a such proceedings shall DC had as by this
ace are 'equired, to ascertain whether the
salNe have been forfeited or hot" &c.
The 10Th section Of the same act extends
the doctrine OF seizure for the violation OF
'NS y" nii 1llS III inc lOitOWlliH
words:
Sec. 20. That it shall be the duty of the
several ofncers of the customs 20 make sci.
cures of, and secure ar. snip OF vessel, goods,
wares or merchandise, which shall be La
DE tn seizure by virtue of this or any other
act OF the Uni,ed STAKES respecting the re-
venue, which is now or may hereafter be
enacted, as vel without as within their
respective districts"
lie mot alarming objections, are suegc.,.
ed to be contained ia the following e .,t. n.
the 10Th section Of the bill
"Scc. 10. ind b. itjHrther e,acicd Tba,
the powers given to the collectors. either by
this or any other act respecting the cnibar-
CO. 10 oet@lh any .essel, or to take into tneir
custody any q. dclcs for the purpose OF pre-
venting Violations of the embargo, Shall be
exercised i'll conformity with such instruct
ms as the president may give. and such ge-
RAJ ru'es as nc may prescribe for that pur.
pose, made III pursuance Ut the powers Il.
toresald which Instructions and genera
rules the collectors shall be b1und 10 OBEY"
This clause mer;ly provides for the rams
Ter OF i"WtIs previously given to the coilec-
tors, to ~ prcsidcn:, tor the purpose Of pro-
duc!ng, as tar as it is practicable, uniformi-
y ana ina . .tjality in their execution. II
was hardly to nave been expected, that in
Senui,y Itself could have found an objection
10 iiiis provision. Tut it is said, that this
Clause gyes the presidents instructions the
q E-A- w.