The enquirer. [volume] (Richmond, Va.) 1804-1815, 1809-04-21
QUEs7ya%M.

QUES7I3.T III
" VIII the sale OF an American ship il.
whole or IN part III the United States SUP
jeci the purchaser to give bond in the adj
's ditional sum OF 500 dollars per ton as pre-
:" scribed by the 9th section of the Enforc-
"a ing acts"
.4.WSH-RR.
Penal laws ere to be generally construed
according to the letter.
The 9th section OF the enforcing act does
not reach all the cases it was probably in
tended to apply to. The sale of' u register
ed or licensed vessel to-a foreigner, appears
to have been omitted, aud consequently the
bond of 500 dollars per t1ii, cannn, in such
case be required, bat although the foreign
purchaser VI such vessel is entitled TO clear.
her out without giving the bond. yet if he
proceeds to Forbidden port, the owner as
stated IN the preceding answer. will be liza
be to forfeit her value. In the case Of any
either sale, (of the whole or j,art) except
that of a registered OF licensed vessel to a
foreigner, the Collector has right to require
the bond.
QUESTION III.
sc If an American vessel obtains a clear
ance in the United States with al the u
.s sual documents to foreign port, and ac-
tually proceeds for that port. can the lega-
"i lily of such clearance and destination, be
afterwards questioned in the u. States ?"
.fJlrSHER.
Although it is obvious that the exercise
of the power vested in TIE executive branch
of our government to give or withhold clear
ances, may from misinterpretation of the
laws, or INSTRUMENTATION of the facts, occa-
sionaily lead to great Inconvenience, vet
we are clearly of opinion, that the party
takes the clearance at his own risaue. and
that the legality of the destination may be
afterwards questioned i'll the judicial tribu-
nals or this country, in suits or prosecutions
Instituted by the United States.
The rapid changes of the political relations
of Europe, which so eminently characterize
the present times, render it almost impossi-
bic to ascertain that any destination is, at
the moment of granting the clearance, with
IN the provisions OF the act, but independent
of changes which may have taken place
abroad since the date of the last intelligence
the information received may prove incor-
rect, or the administration may possibly act
on erroneous principles in granting IT, The
obligations of Law are paramount to all
others, and the party is bound to comply with
them, ultimately expounded by the Judi
cial branch of government, nor can he vim
dicaSe himself by producing the permission
of an executive officer to violate them. On
the other hand, the clearance ought not to
within the prohibitions of the law, and an
action for damages would undoubtedly lie a
Sainst the,oihcer refusing it.
QUESTION ~.
Are Spanish dollars or other FOREIGN
% coin prohibited to be exported, by any ex-
listing law of the United States ?'
.d.NSVER.
PROV to the act OF December odd, 1907,
no such prohibition existed. The general
expressions of goods, wares and merchau-
die introduced into that act, include FOREIGN
CON. 1t is well settled that by grant or.
devise OF goods, money passes-We know of
no decision excluding the same interpreta-
ton OF similar expressions in law. The
distinction between specie and goods is not
noticed In the first embargo law and its intro
auction into the subsequent acts ON the same
subject we conceive to have been unnecessa-
ny; but II, from greater caution, the Leeis-
iature thought proper to introduce it, we do
not think that this circumstance ought to
govern the construction of the Non Inter
Course Law in which no such distinction ap-
pears. III 1t did, the consequence would be.
that should Great Britain and France revoke
their obnoxious orders and DEGREES, and cur
ports be thrown open to the world, specie
could not be exported to any place.
we are therefore of opinion, that so far
as relates to Great Britain, France and their
dependencies, neither specie nor anv other
artlcies can be lawfully exported in our
vessels, but so far as relates TO other places
specie may lawfully be exported.
EDWD. TILGHMAN.
w. RAWLE.
PhiiadeLhhia, april 11th, 1909.
COPY
81 Letter from the Secretarv of the Trea-