Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1812-12-07

the neutral commerce of the United States.
subject however to certain conditions spec;-
he'd in the said order.
Immediately after the PRONUNCIATION OF
that order, British merchandise was laden
on board the American vessels then i'll the
harbours Of Great Britain with intent to I'M
port the same into the United States. IL
has been stated and it is believed that by far
the greater part of those shipments we're
made in conformity with previous orders
from merchants in America TO their CORE
spondentsin England, by which these had
been instructed to make such shipments
Whenever revocation of the former British
orders in council should take place it hay
ing beep presumed by the American mer-
chants that such revocation would, by
Write OF the aforementioned act of con-
gress OF % March, 1911, produce discon
tianance of the prohibitions to import Br-
fish merchandise into the United States.
On the 30th day of July following, the &C
count of the declaration of war having
reached England, a temporary embargo
was laid on American vessels but on the
ensuing day, they were by order of council
permitted tocontinue totake cargces ofBritish
merchandise and to proceed to the United
States, being for that purpose provided with
licenses protecting them, Notwithstanding
the existing hostiiities, against capture by
British cruizers. 1t has been stated that the
time for obtaining such licenses was, with re-
specific American vessels then in England,
limited to the 18th of September last AID
itthat be correct, all the vessels of that des-
eruption, with the exception of some which
having been captured by American crnizers,
retaken by the British and sent into Hail
tax have not yet been released, and per.
haps some of which may have had very
long voyag=s.) may be presumed to have ar
rived in the United States
happening that however reasonable the
expectation of the discontinuance of the
nnn-importation act might have been, yet
not only the act had made the presidents
proclamation the only evidence of the fact
but that the restrictions were to cease, not
from the date of the revocation Of the or
tiers in council, but from the date of the
proclamation; that the act 70 put merchan-
disc on board vessel with intent to import
was forbidden by those restrictions, and that
all the merchandise having been thus la
len. either prcmaturcly and before pro
ciamation could in point of time be issued
ny the president, or after the knowledge Of
wary all the shipments were therefore
made in direct contravention of an existing
provision; the collectors were Instructed
- seize and libel all such vcsseIs and car
goes without discrimination. No exception
vas made with respect to vessels captured
nd seat ia5y American priyareers. because,
i american property, their right to make
5rizes was by law confined TO enemy's pro-
perty, and whether American or enemy's.
the forfeiture to the United States had been
incurred from the date of the shipment. and
could not be superseded BY a subsequent
"A tO inf
ference in that respect by either public or
private armed vessels were also issued by
the president; such interference being con
sdered wholly unnecessary since The vessels
from England were of their own accord
coming into the ports OF the United States.
1t appears however that in some cases
the owners of privateers that have made
captures Of that description intend to con-
test the prior claim to forfeiture of the u
nited States, and that, in those cases, the
question must be decided by the courts.
Previous to the time when those importa-
tions took place, it being understood that
the judges of some of the district courts had
restored to the claimants prohibited mer-
chandiSe under seizure, on their giving bond
for the appraised value thereof, the district
attornies were on the 18th day Of May, 1912,
instructed by the comptroller to oppose e.
very motion to that effect for the reasons
stated in his letter 1t appearing after
wards that the judges of some of the most
commercial districts, had, notwithstanding
that opposition on the part of the United
States, Continued to order the restoration
Of British merchandise no appeal being
practicable, since the orders were immedi-
ately executed, and the commercial interest
of those districts where the restoration was
| refused, being deeply affected by the want
| Of uniformity in the decisions, the comptrol
| lcrdid, on Ike 5th day of October last, au-
| thorIye the district attornies to Withdraw
| their opposition in all cases Of bona fde A.
merican property. Copies of his two cri-
! culars on that subject are inclosed. All the
| prohibited merchandise restored to the
| claimants, has been so restored by ORDER oi
/ court without auy interference. other than a
| forced acquiescence on the part Of the exc
| cutive oiHccrs Of government. With respect
to the mode of apprascmeBt, It appears
/ that the merchandise has generally beer
! lned at its prime cost, adding thereto only
/ the amount Of duties, for which separate
bonds have in most cases been taken. Tc
| this there are some exceptions, the valua-
! ton being in Rhode Island below, and il
! Eonnec iicut probably above the prime cos
Of the goods
From returns transmitted by the coilec-
tors, some cf which are in part on estimate
it appears tbat the prime cost fall the Bri.
tish merchandise imported as above stated
subsequent to tho alleged revocation Of th'
| British orders IN council, amounts 10 about
four millions sterling, and that TIE bond.
! given for the value vii fall short Of cigh
! teen millions Of dollars, exclusively OF tit
bonds given for duties, aud which may b,
! estimated at five millions of dollars. Thi
4 embraces al the :npor,aiions already made
ard will not be maseriallY increased by YES