Alexandria daily gazette, commercial & political. [volume] (Alexandria [Va.]) 1808-1812, 1809-02-17

Yet by the 9th section Of t,,,lis s,, Wire.
lcctor is authorized in the blo,ds., 81,
to seize any property, hot Only W. 'qn'
carts or other carriages, bnt VIII, sl il
manner, apparently on Its wav, towa, y
territories Ola foreign r,tioa, O. ~ s' y
nifty tilercof; and he may ,lrtaD aa
bond is gwen, tie amount Of which 'a'l
limited BY the act, and OF course jy !.
the arbitrary discretion Of the oH,. ..',
is obvious thas tie terms Of this Sect, 49,"
not eonine the collector to s:!zrrs !, o
cs only when the goods are in actual No.. '
towards the suspected place. OF ro, ,.'
there is no limitation to this trenar1.
power; and he may seize ea.~,s !, :,
dwelling house in which tiley nav Nv,
been deposited, if he chooses to sasD+s,.
nv Interior Z. stination, and SO, to co,, isS
that they are in that manner apparenlr.,
thar way towards a foreig, country. II;
provision in beth the constitutions rte1ri
to, evidently contemplatcs the necess,y Il.
warrant 10 authorize these searches ,,a
seizures: which is to be is-led b. a ,;rs
magistrate, upon probable cause, saspo-1
by oath. Blt under this section, t.. Cd
lector is made the only judge; no oath, r,
civil process, no forn,a!ities, are requr,
His Only warrant is his own despo,ie vii.
and this may be executed not bv pe,.
officer Of the government, but by a fIe 4
| soldiers from the standing army.
Both these constitutions reproba...e \. e..
! acting of excessive bal! CT sureties ard r.
imposing Of excessive fines. Il tie qep.
| raj Objects OF these acts were in hisi a,
!. gree salutary, and generally approve, vs
most men it is believed would agree tint
the fines they impose are in many iaSanc.
| excessive. Bus.he amount, fer WHICH II.
citizen is required to give bonds with sure
! ties BY raany Giferent sections of this aq
is most ma1ifestlya violation Of the s2it
and principles Of these constitutional prof.
| sions. The smallest sum mentioned is liz
times the value Of the goods, and in acs:
before alluded to, there IS no iinilain
whatever and collector NAV d4oqd
surcties to any amount, which his aroira7
will deems fit. Il should he observed t29
tnat in these eases the party is no; chargd
with previous offence, o. even wlthiatra.
tion to commit any (; but all this security IS
deemed a necessary Precaut:on agaias:: b.
tarc possible offences by th- most p9acca2t
and orderly OF our citizens.
! Both these constitutions expressly sane
ton that principle Of natur.as,, jascice, shatn
! man ought to suffer for actions which #a:
lawful at the time of committing thea'-
But b. the third section OF this act, NAM
citizens are exposed to heavy pecanmF
/ losses, are requested to furnish ezccs:'t
sure;ies, or finally to suffer q forfeiture o.
their property: and all this in conse9a'n''
of proceedings, which were not caIy allow
able, but expressly sanctioned BY the laV'
of the L. S. and specially permitted y
their officers.
BY the 9TH section of this oct, tie oWH
! VI = FCsSGt - iiiAut lS'Ai.DiioirS 10 ~
! v;tab!c Rodents ofnavigatior- and eFen !"
depred&,!ons ola for, :gn power on A'y
! c@.n. The Only mode ct defence Allows
! VII: *: found IL most cases r!lySlcai'y ~ "a
I possible. The party ralst prod ace U,
y Die surviving crew on the tI1aI,"Ao !Su' ~,
/ ali be sworn as competent Witnesses Il '''
/ one Of them should accidentally be a'Sea, !
i!heshoula die IN aremote part OF 'l1 WI" " ~
ana his laash be not clsariy proved a. =
should have any interest II ths event OF n'
trial, which would prevent his beng c =.
petent witness if he should BY the FD .J
ton OK Providence have become insa01, ,'r.
incapable Of testifyingy if he ShoG'1 . aa
become convicted of any cause when "V, =.
authorize the rejection of his TESTIMONY :, 4
finally, ifhe should be suborned, conc. u
or spirited away by any corrupt 0al ss N.
the customs in each of these cases. 'l .f * /
nocent owner, in addition TO the loss o. ~,
~, .o,ced 10 pI