Alexandria daily gazette, commercial & political. [volume] (Alexandria [Va.]) 1808-1812, 1812-09-02

81 lion. but also, the naval station of the
ISLANDER under whom the officer acts.
e0,I",s the right, and the duty, of the col
If Delaware, to place an officer of the
lcc.ol house, on beard of the captured ship,
enssV.' rrotection of the reveRue; but he has
tor MI n,berity to prevent her from proceeding
% sa MORT to which the captor has ordered
% NV remen,bering always, that it is not a case
hsl ',;.,,re under the revenue or non-imp0rta-
o. 'T I.ws. the legality of which must be tried
tOp district where the seizure is made; but
the case of a seizure as prize OF war,
E l:.s NAV be tried before any competent tri-
WI WI in any port of the U. States to which a
oriss IS sent. -,
pr qbat the non-importation act is still IN
and consequently 1t is unlawful to I'M
WI INTO the United States any kind of goods
P0' Great Britain or Ireland, or from the
py ,sn;es or dependencies of Great Britain, and
W. ~ = import goods of British growth, pro-
nrs Or manufacture, from any foreign coun-
~. ~ The snip Superior has imported her
~! .ra INTO the United States in violation of
20 ..'Snon.;mportation laws, and both ship and
w. are liable to seizure and confiscation.-
Thsosth section of the act of the lst of March
700 f,shich is one of the sections revived and
.0stnued, by the acts of the lst of May 1910,
IA tbe Cd Of March 1917 declares, that all
Ne oaicers of the customs shall have the same
no.er and authority, that they have in revenue
Uses. 70 seize gopds imported contrary to
tws.t 10 Keep them in custody for trial; and
! enter vessels, dwelling houses, and stores
: search Of goods unlawfully Imported But
Mere is nothing in this affirmative provision OF
,ha oct. which can be construed to destroy the
rrht aud duty of every citizen, and partlcu-
l.9v Of every public officer, to seize ard
Nice in the custody of the law, property found
& the direct and positive ISOLATION of a legis
htiye prohibition. Indeed, the l0th section
oe the act of the Ist of March, 1909, adopts
the rule fsr distributing penalties and forfeit
or.s prescribed by the collection law, which
nrovIdes for the case of private lnlormer;
sod whatever an informer might lawfully do
io ! revenue case, to entitle himself to share
in a forfeiture, he may lawfully do In nom
importation case. The right of a private IN
former to seize goods. in the act of being
smacgled, never was doubted.
ne Of1CSF OF ltiC gun Ooelt Lad3 lhSli q ~
to seize the Superior with her cargo, while
she was In the act Of violating the non-impor-
tation law. But tits his duty to deliver her,
witAin reasonable time after seizure for
that cause, in the charge of the collector OF
the district, in whicn sue was seized; and II
which the question of forfeiture can alone be
tried,
That part of the non-intercourse system,
which authorized seizures by public armed
vessels, and distribution of the forfeitures,
according to the rules prescribed IN the Case
Of prize, by the act for the government OF the
navs, is no longer in force. Whether Tao
public armed vessels are entitled on general
principles, to share as informerS, upon sell
cures which they make, is distinct question,
and not within the scope of the present en-
curry
Upon the whole, am of opinion, that the
ship Superior is liable to seizure upon both
grounds; but that being seized by public
armed vessel, as prize of war, before any sell
zurc by the collector of Delaware, for a breach
OF the importation act, the proceedings "a
salnst her must, in the first instance, be, on
behalf of the captors.
| am, sir, with great esteem, your obedent
servant, A, ]. DALLAS.
9th August, 1872
70 CON. .Alexander Murray.