The enquirer. [volume] (Richmond, Va.) 1804-1815, 1812-12-08
I(CIRcuLAR0
Treasury Dfhaatpieus.
ComptrolIer's Office May15 -

comptroller Office, Nav IS 1912
SIR-Rs it may be supposed that on a sei-
zure under the law of March Ist. 1903 COM
monty called the non-inportation law. tho
Claimant has right to tile re-possession of
the property seized, by giving bond as pom
ted out by the S9th section OF the cnIIecti
on law, 1t is Geemedpropel to submit to YOU
respectfully, the views taken of this subject.
at this department. If such he n correct
construction of it, it is plain that it will go
.aI to"aros defeating the ends contenpia-
ted by its passage.
The policy and intention of this act evil
IDENTITY was to shut the door, as efTectuallv az
possible, against the introduction of British
manufactures. The motive of taking bond
from claimant, under the S9tb section of
the collection law, as i'll all similar or ana
ioeous Cases. tnquestionahiy is. not that it
may be received in lieu of the thing surren-
dered, but to compel or insure the forthcorn-
ing of the thing itself But the state of th;n,r.
existing, and always liable to exist, 3d..
the non-lmportation act, would h;,,da,. tbs
operation OF this obvious principle IN 49,,
hanCeu V@lue OF the British commod;., -
using rom general scarcity, may make
IL, III most cases, the interest Of the ILL.,
nnPor'er to forfeit his bond, the nena1,~ ha
.9 regulated by the nominal or j5,,ojc.
- .n vi 'he Gnods,nr n sufficient intermediate
e. elni,s place before the trial, although
ka< po,La''y was hxed according to the mar
'' Faiue AT the time of seizure. The act
IN It's founiation, its objects and entire srore one
ANS at the total exclusion from the conn,
"! Oh AL British goods. If thwarted in that
onletIt, ITS next is TO transfer them. when
uh.awfuliy introduced, to the hands of enc
| government To suffer them, when seized
FOR an apparent breach Of this law. TO nass
70 the immediate and virtual ownership of
.he claimant, and be subject to his disposi-
! ton. WOul1 N a IL.
10 turn 1t aside from all its original intend
| merits.
AS the design OF the act would thus he IL
aole 10 illustration, 1t may be asked where
the authority is found for this ALLEGED ri,,bt
IN the importer! Its allowance. ifit xvn@IJ
endanger the primary objects Of the leg;s-
I@ture' should rest on express words, or i'm
PriCat'oh as imperIods. 'Fhc 18th section
of the act OF the first of March. 1900 ;n =.
ierriug to the collection law as the mic ~
proceeding, does so, it is apprehcndcd. onlv
IN relation to the distribution Of the forfaL
lures. The first clause of that ser,inp
stands as an integral provision relvin1 unon
no other law Tor its SUPPORT and canabts cf
BENG executed as to all the purposes of =
ciVn or crimihal suit, merely on it's own
footing, with aid, indeed, Of the irc,dental
powers on the court. II Is not seen that this
general or resulting power. often ;rbcrent
IN courts, to order the repossess;on Of a t,,ira-
claimed on stipulation, OF caution being civ
en-, either where it was for the benefit ~ ali
concerned, or where the thipr itself wes
perishSbie, or witcrc hardsllp wac fcars5
70 2" innocent owner, would be applicable
nnnder ms 'tw. But. ii this be the er,n,nd
% ,uc importers claim, H. Of course, leaves
p'1 80 S'5h'' IN every relation TO The point.
VIC 6yth section ct the collection Law ~
ne cannnt, tjicH, stand upon the faifh &c 49,
Imperative injunctidn pat ppon the .,sl,t Z
WI! lo'.0W th&t his application must b. ad-
eTeSseo 70 ils discretion ; aad vou are IN