The enquirer. [volume] (Richmond, Va.) 1804-1815, 1810-02-08
REPORT.

IL T. + ~ Il i.
The Secretary offhe Treasury. to zvhon,
zvas referred the Petition Of .dAthony
Buck, Of Virginia, firaying TO be eronc-
rated from The Payment of an embargo
bond, ytuen by certain cahtain Stczv
art. 20 svAich bondthe Petitioner is a hGrfy
as security, reshecfJuky submits The fol-
iosving
REPORT:
TT appears, as stated by the petitioner,
that he was induced to become security for
a Certain James a. Stewart, of Massachu-
sets. commander of the vessel '' Sally Bar
ker, Winsor," of bingham, in that state
who during the embargo. loaded the said
vessel az Fredericksburg, in Virginia, os-
tensibly for Boston, but in fact went to Ha-
vanna, being as he says compelled thereto
bf stress of weather.
The petitioner did apply to this depart
ment IN the manner prescribed by law, for
q remission of the penalty of the embargo
bond to which he was party, on the ground
that he was neither directly nor indirectly
concerned in the voyage, nor had any rea-
son to suspect the. intention of capt. Stew
art. And it is believed that the facts stated
by him are true, and that he is personally
altogether innocent of the violation of the
law which seems tohave taken place.
1t is proper to observe, THAT several other
petitions to the same effect have been pre-
srnted to this department, being all, though
varying IN some circumstances, similar in
principle; a remission being in every case
asked on the ground that the petitioners
signed the bonds only as securities, and were
neither concerned in the voyage, nor parties
10 the Intended violations OF the laws.
No decision has been made on those petit
tons, because the power vested in the Sc
cretary of the treasury is, BY law, limited
tn g 10.
rhsre has been neither intention of fraud,
nor gross negligence in the person or per
sons mourning he same. And. as in all
those Cases fraud is acknowledged, or pre-
sumcd, the penalty itself cannot be remit
ted. Ii has also been held doubtful wheth-
er. Composing That the power of renting
when there was no fraud. implied that of
eXoneraring such of the parties as were in
nocent or a fraud actually committe;i,) the
IL -asing one party from the payment of the
penalty OF 5ond. would not release all the
other parties to the same bond Finally, to
admit generally the suft;cicncy of the plea
OF innocence in some OF the parties
would, In most instances, have rendered nu
gatory the provision which required bond
with sarcties, and defeated the object Of the
law.
There are, however, several hard cases in
Hhich Innocent persons who have only com
mitted an lncautious act, will be altogether
ruined, whilst the real violators of the law
escape with i'npunity. A remission in those
cases not being considered as embraced by
the powers vested III the treasury depart
inenr, the district attornies were Instructed
To suspend the prosecutions until it had been
ascertained whether Congress should think
ut to grant any relief All the petitions OF
that nature which have been received are
Tor that purpose transmitted, together with
this report.
All which is respectfully submitted
ALBERT G ALLATIN.
treasury Dehartmerf,
IaN. 9. 1910