The enquirer. [volume] (Richmond, Va.) 1804-1815, 1812-10-27
DOMESTIC.
CHETWYND.
CIRCULAR.
To the District .4ttornieS Of The United
Stairs
TREAsUR DEPARTMENT,
CoMPTROLLER' OFFICE


OCT. Is, 1872.
SlR-As cases may arise in which the
claims # public and private armed vessels
| OF the United States to vessels which thew
pture, may be adverse to the claims of the
CnIed States to the same vessels. under
the non-iinportation act, it is deemed pro-
per to submit to you the views taken ut this
apartment OF the government of such con
tiicting claims.
How far trade of every description on the
part OF citizens of the United States with
the enemy is, by the general law of war, in
dc Pendently OF any Statutes of our own, abso-
idt' iy prohibited and how far all vessels
with their cargoes belonging to citizens of
inc United States, and Coming from a port
oil the enemy, on a trading. voyage, since
inc declaration OF war. are, by the same ee
neral law, liable to Capture b, vessels If
the United states having commissions of
RI ana to condemna ion as lawful prize If
war; are questions not material to the mr..
port OF this letter. For allowing to both af
hrmative answers, the effect Of snch an
Swers Is, 1t is conceived, controlled by the
actual state OF the Country under it's own
statutes.
Every vessel now arriving in port OF the
United States, in violation of the non-im-
portatlon at. Is, by the positive, prior. and
existing municipal regulations of that act
tortertabie To the use of the United States &
CERTAIN of their officers of revenue embraced
within ITS provisions. This, therefore. i: is
apprehenled, supervenes the general law
ut var lnlts application TO every vessel so ar
riving, and intercepts, by its paramount an
ihori'y, the RICH, of captiire otherwise vested
IN the natl nal or armed vessels, & Which
out for such paramount authority. they
might nave been at liberty, in the abstract
oenehciay to exert. The act of Consress
OF the 9th OF July, 1912, 6 to prohibit Anne
rican vessels from proceeding to or trading
with the enemies of the United States. and
tor other purposes" makes no change in
TINS operative character of the non -imDorta- =
ton act
TO every vessel, theref fore, arriving in
any port OF the United States, in breach OF
any OF the prohibIiory or pena! clauses new
IN force OF this act, YOU will be pleased to
assert the claim Of the United States for
forfeiture, as soon as a seizure can I've
made and this whether the arrival be vo-
nntary, or whetherit be the case III a brino
ing or sending IN on capture By any of Tie
pubic ships or privatecrs; the claim NJ
the United States applying equally to can
tured or seized property under this prr.
dicament, and whether it be British or
American. 1t is not perceived that the
supposed claim otlthe captOrs can, either IN
20" VI equ'Iy, Huperceue that Of the United
states Not in law, for the fifth section e
the act h4s this provision, f" that whenever
any ar1rle on arucles, the importation Of
whtcii is prohibited by this act, shall be nut
- board Of any ship or vessel, bout. raft or
carriage. With mfe1fi2n Of importing the
same INTO the United States, or ,errjtor,e.
thereof, all such articles. as wen as all o.
Their articles On board the same ship or yes
sci boat, rait, or carriage, belonging TO the
o"per OF such proh'cited articles, shall b..
forfeited & the owner thereof shall more
ovc fl fcit aud pay treble tie waive r>.c.
article Thus it appears, that the forGi
tnre 70 The use e the United States attach q
ed and may be considered as having had ,,>
/ inception ffrior 10 the capture. Not in eo.,;
~. for the inNir mentality Of the pubic shin
or piirstetr IN aid Of the execution Of the
act, was merely gratuitous and no, Il c,sa-
Wy to secusiis enforcement. The claims .
he Uniled states and of the caDtors being
wholly adverse, the libels on the part ofthe
frmer must embrace all vessels circufn-
stapcedsas above, with every species a pro-
perty on boa~d. With the coirtsw.lI r, st
TIC final decision ON the contenMhg claims.
have the hoz'or to be.