The enquirer. [volume] (Richmond, Va.) 1804-1815, 1812-12-08

SuCu NsAScs ICNlucStCu W ECSlSt .uC dpptCl-
tion, as opposed to the demonstrable policy
OF every part of the act. That re- delivery
20 the party should have been made to take
place. by special provision, under the col
lection law, is reconcilabie with the system
of which it is part, which looks only at a
derivative offence against the revenue, with
out any where contemplating AN original
exclusion OF the article seized. But, ST.
milar course must be essentially repugnant
tothe spirit of law which addresses itself
to the interests of a foreign power, ,declar-
ing that. that power shall be debarred all
beHeht Of transporting her wares to the
United States, and seeks to close, with Pc
nal sanctions. the very threshold to their
entrance. The concluding part of the
eighth section of the law further distinguish
es it from the collection act, and by prohibit
ing, under penalty, the Purchase of British
goods, knowing them to be liable to seizure,
holds out an intimation that every practi-
cability to their sale should be foreclosed,
while their liability to condemnation re-
mains undecided.
ii beg leave to call your attention to the
third section of the act, in pari materia, of
the I'd of March, 1911. The first proviso
OF this section, by poiRting out specific
case in which British goods, unla wfully in
troduced, may be delivered to the owner
upon the bond, furnishes, it is conceived, an
argument of weight that in no other state of
things ought it to be done.
these suggestions are respectfully sub
rnitted for your consideration and govern
nlent. You will doubtless be able to extend
them, and will superadd such o,her views
IN elucidation OF the meaning ascribed to
the law. at this department, as your own re-
sections may supply. Under conviction
its Importance to the genuine intentions
OF the government, it is particularly wished
mat you would resist. in every instance, a
restoration to- the claimant of the property
seized, and never part, unless by the ex-
press order of the court, with the ssbstan-
tal security of a lien for the inferior and
precarious safeguard of personal RESPONSE
bilitv. =,
have the honor to be, with great respect,
your obedient servant, 49,
(Signcd) RICHARD RUSH.
(Circusar 10 District .6tto, MES.
Treasury Dcfdrfmenf.
ComhfroHer's Office, Oct. 3, 1912.
SlR-Since the circular of the 18th If
May addressed to you from this office, it
appears, from information received. that IN
some of the districts, the courts hold them.
selves bound to deliver up the vessel and
goods seized in violation of the non-jmnor-
tation law, on satisfactory bond given by the
claimant, while in others, the oppos;t;on
made 60 this course by the auornies of the
United States, has been found to avail with
the court to refuse such delivery. ..,..,,.
1t is desirable that the law in ouest;on
whatever views may still be entertained q.
its original intention, should operate equally
on the merchants or other owners Of Dro.
perry seized, IN every part of the Union.
Seeing therefore that a different line of
practice is found to govern the courts in diff
ierent districts upon this point, and in order
TO prevent, as far as possible, any inconve-
hience or supposed injustice to individuals
resulting from such difference, you are here
BY requested to withhold the opposition YOU
were requested to make to the deliyery OF
the property to the claimant on his giving
bond the object being that, as the deci,
sions OF the courts are not to be controlled
by this department. you may thus lend your
aid, negatively at least, towards the uniform
execution of the law. You will be pleased /.
however, to consider this relaxation. as ex
tended to property owned by American citi-
zens only, and to urge in all case. a true
and adequate appraisement.
have the honor to be- &c.
(S'gned) RICHARD RUSH.
Attorney of the U. States for
Treasury DEPARTMENT,
Nov. 23d, 1912.
SIR had already transmitted an an
swer to your letter of the 18th inst. When 7
had the honor to receive that OF ,be oo,b
requesting, in addition to the statement Of
facts, such further and other views of the
subject of the late inpor,,,;,,,n 49,,