Alexandria daily gazette, commercial & political. [volume] (Alexandria [Va.]) 1808-1812, 1809-03-30

have opened dii FIiie~' .5lsS.
mind ! construction consistent with neither
.,be letter nor spirit Of the law. WHY'S y
tha+ ~ "a same section Of the law which re-
S,,,;rss &c AMERICAN vessels to give bond IN
t,a;ee. The amount of vessel and cargo also
centres Of foreign vessels to give bona IN
four times the amount OF vessel ana c4'so
that she will not go to prohibited port
|. We ITO nrevent British vessels from tax
;no bacl their salt and their rum to Turks
TsIa,d & jamaica Oh,no,for the Secretary
now admits that they may clear out direct
for those ports without bond it could there
fore only have had relation to eargoes OF I
American produce, which they.Would hau
, Greater temptation than American vessels
- bavestaken direct to einterdicted ports to
which they might have belonged. From
,h;s strange construction results the absurd
;tv that 6 an act to interdict commercial IN
tercourse between the U. States and l's Bri-
tain and France, and their dependencies, IS
made to prohibit Spanish OF swedish yes
eel FROM taking the produce OF our land to
the ports of Spain or-Sweden, with "hlch
countries we are in perfect amity.
shall now advert to the other part q my
subject, which is Of high importance to the
commercial community, and worthy OF a
more luminous Investigation than the writer
Of this is capable of giving it. here IS
no,bipg (says Mr.. Gallatinl in the law which
rrobibits the sale Of American vessels a.
broad: hut the condition OF the bond re-
ouired by the thirteenth section is, That
thew shall not proceed to any Brush
or French port. The condition Q! thas bond
will be considered by this department.
as forfeited, and the bond put in suit,
If prior 10 their return to the United
States and during the continuance OF the
act, they shall proceed to such port, whe-
Their they have been sold or remain the pro-
perty Of the same owners" Agreeably to
this construction if I send my vessel on
VOYAGE 10 Madeira, there land she cargo
and yet the necessary certificates, 4 may
sell NV vessel : but if the Portuguese pur-
chaser should trade with her to 3 port OF
France or England | am made subject to
the penalties of the bond, and The pound
of flesh WILDE exacted. Il Mar. Gaiiaun
is right in this opinion the whole communi-
tv Of merchants have been errinG IN theirs
upon this point. Every law should be SO
expounded Gf possible as to fulfil the IN,
tentions of the legislature, as expressed
therein, and every penal law must be con-
strued strictly, no latitude Of construction
car be adopted BY implication, to the injury
of the prosecuted. Tie object of this law,
as expressed in the ti,ie, is TO iRterd!ct the
commercial intercourse between the United
States and Great Britain and France and
their dependencies )" and by the 18th and
18Th sections thereof they authorize an in
tercourse with all other countries, requiring
from the owner or owners OF every vessel
of the United States, before her depaItur
from her port on foreign voyage, that they
give bond in double the amount OF vessel
and cargo, the condition of which bond
embraces four distinct obligations: first,
that g the vessel shall not leave the port
without a cIearapce;" secondly, that she
shall rot g zthcn lca7ing the part proceed 10
a1ay foft or PACE Gfrat Britain or France
or IN The coionies CT depcndent'ts Of either"
thirdly, that she shall not be directly or
indirectly engaged during the voyage in any
trade with such port, nor shall put any ar
ticle on board any other vessel;" and,
fourthly, that the parties to the bond shall
within a reasonable time "produce to
the collector Of the district certificate OF
the landing of the cargo" at some author
iscd portland on failure to produce such
certificate .the,law requires s that the bond
shall be put in suit and in every such suit
Judgment shall be given against the defend
ant orsdefendants, unless proof shall be pro-
duced of such relanding or of loss at sea.
If then we candidly view the objects OF the
law, the order and nature of the prohibi-