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


gree. have the effect to turn it aside from
all its original intendments.
AS the design of the act would thus be H.
able to Illustration. il may be asked where
the authority is fonu, for this aledgcd right
IN the inporterf It's allowance, if it would
endanger the primary objects of the legisla-
ture, should rest on express words, or in,-
piicailon as imperious. The 18th section of
the act of the 1st of March 1909, in referrng
to the collection law as the rule of proceed
ing. does so, it is apprchcnded, only in rela
ton to the distribution of the forfeitures. The
hrst Clause of that section stands as an In
tegrai provision, relying upon no other law
forts support, and capable of being execn-
ted, AS to all the purposes of civil or crmi-
Eai suit, merely ON its owp footing, wi Ii the
aid, indeed, of'the Incidental powers of the
court II is not Seen hat this general orr,
sulting power, often inherent in Courts. @
order the re-possession of a thug claimed
on stipulation, or caution being given either
where it was for the benefit of al concerned
or where the thing itself was perishabe, or
where hardship was feared TO an Innocent
owner, would ne applicable, under this law.
but. Ii this be the ground at the importer
claim, IT, oi Course, leaves rut of sight i'm ev-
cry relation 20 the point, the S9h section #
the collection law. III he cannot, then,
stand upon the faith Of any imperative in
junction put upon the court, it Will fellow
that his application must be addressed 10 its
discretion; and you are, in CHI case, re.
quested t. resist the application, as opposed
the demonstrable policy of every part of
the act. That a re-deiivery to the party
should have been made to take p ace, by
special provisions, under the collection Law
IS reccuCileahle with the system of which it
a n9 ~ ~ tDC1ra L. u. -.
offence against the revenue, without any
where, contemplating AN original exclusion
# the article seized But, It similar course
must be essentially repugnant to the spirit Of
a law which addresses itseifto the interestsof
atoreign power, declaring that, thar power
shall be debarred all benefit of transporting
her wares to the United States, and seeks
toclo' e, with penal sanctions, the yer, thres-
hold TO their entrance. The concluding par
OF the ,ighth section of the law farthci. dis
| linguistic, it from he collection act, and by
prohibiting, under a penalty, the purchase Of
br'tisl goods, knowing them to be liable t,
seizure, holds ont an ntiInatiun that every
Practicability to their sale should he fore
closed, waiie their liability to condemnation
remains undecided
beg leave to call your attention to the
| third section of the act, IN pari materia. of
the I'd of hIarch, 1911. The first rroviso
OF this section, by pointing out a specific case
in which British goods, unlawfuIly introdu.
| ced, may be delivered Ia the owner upon
| bond, furnishes, it is conceived AN argument
of weight that in no other state of things
| ought It to be done.
| these suggestions arc respectfully sub
| mittctl far your consideration and govern
ment. You will doubtlessbc able to extend
them, and will superadd such other views
| in calculation of the meaning ascribed to the
law. at this department, as Your own rehec-
tons may supply. Under. conviction OF
| its importance to the genuinG intentions OF
the government, it is particularly wished
| that you would resist, in every instance, d
restoration 10 the claimant of the property
seized, and never part, unless by the express
order of the court, with ne substantial Sc
curity of a lien for the inferior and precari-
Gus safeguard of personal responsibility.
| have the honor 90 be,
! With great respect,
| Your obedient servant,
(Signed)
| DTCLIADr DTTcrI