Alexandria gazette, commercial and political. [volume] (Alexandria [Va.]) 1812-1817, 1813-03-22
IS THE MERCHANTS BONDS"
(CIkCULAR)

Treasury Department, 'e0' 'o' 1919
S1R-The acts passed dniing the pre-
sent session of Congress, which direct
the secretary of the treasury to remit
the fines, penalties and forteitures incur
red by reason of illegal importations
from the dominions IF Great Britain, in
certain cases defined by those acts, have
imposed on the treasury the duty OF de-
Gliding whether the cases, on which APP
pIica,ions may be made, are or are not
embraced by the acts. 1t the secretary
is of opinion that case is thus embrac-
ed, he has no discretion, but is bound
to remit. If he is not satisfied that the
case is thus embraced he cannot remit
by virtue of those acts but may, &C
cording to the circumstances of the case
remit or mitigate, on application made
in tie manner prescribed by the general
law.
The time of departure Of the vessels
can always be ascertained by official pa
pers, and presents no difficulty. The
certificate of the district judge will al
ways be considered as conclusive evil
dence of that fact. But there are two
questions on which the statement OF the
Judge, if expressed in a general manner
would be rather the evidence OF his o.
pinion as deGuced from the facts prov
cd to him, than of the facts themselves.
Those questions are-lst. Whether the
merchandise was owned exclusively by
CT tizep, Of tho L. States a, the time OF
shipment ! 3D. Whether the purchase
was made prior to the time when the
war was known at the place of purchase.
The evidence on both points may III
many cases lie direct and conclusive,
leaving no doubt on the subject In o.
Their instances, doubts aud difficulties
may arise respecting the alledged eX-
elusive property of American citizens,
and wha, may be considered as the COM
pletion and date of the purchase. Not
only is it necessary in those doubtful! ca
ses that The truth oi the facts should be
tested by Undergraduates and strict IN
yestigation but in order to fulfil the
law the secretary Of We treasury must
be enabled to certify that the facts arc
proved to his satisfaction. For that pur-
pos, and in order TO proven. The delays
arising, an investigation OF the facts at
the treasury in the numerous cases
which do Tot require it, and also TO en-
sure uniformity in the mode OF proceed
ings, The following rules tfve been a.
doptcd. and are communicated for your
information and that OF the parties con
cerncd.
!. In all the cases where the district
attorney will state in writing /" that he
has no cause to sbow against the remls-
son." and where ,he Judge will certify.
either generally or by reference TO the
terms of the law, that the case is EN-
braced by the provision Of the statute.
the fines, penalties and folfeilu,es Will be
rcmiuet, without further enquir;, UNI
less the collector interested in the for
FIXTURES should have flc; specific objec.
tons. in writing, to be annexed to the
petition.
2. In the cases where the district at.
torncy shall not have stated that he has
Ee cause to show, or where the Judg@
will not think proper to certify as aIore
said, or where objections, in writing
may have been filed by the collector,
the substance Of the evidence must be
transmitted to the treasury, or be Moor
porated in the judges statement, wh!co
SO lar as relates to facts proved to /.
satisfaction, viii always be deemed COLI
elusive evidence Of tl.ose facts.
3. The principal facts to be thus prov
cd and certified are, the date and sub
stance Of the orders OF the American
merchants, Of the purchases made by
tie correspondents or agents i'll the CO.
n'inlons Of Greet Britain, OF the answers
OF those. correspondents or agents, OF INC
bills of ladlng and of the invoices. AL
these appear requisite liz doubtful cases.
but it is not intended to exclede any o.
ther evidence adducle in support OF the
allegations, or appearing to dlspro'e
them.
In order to hasten and facilitate the
examination Of documents, ana ct oral
evidence, and the critical investigation
Necessary in some cases, would sug'
gest the ptopriety OF submitting to '"'
Judge the appointment Of one or more
persons to assist you. and the allowance
CT Tedcrate fee in such case, to he as
sessed as par. of the costs, whether those
costs shall become payable by the par
les according to the terms OF the re
mission, or from the proceeds OF the
forfeiture when not RENTED.
1t Is proper to observe that With res
pect to vessels, their forfeiture is remit
ted under the act Of this session, only ID
case where the whole Of the cargo is en-
TITLED to the benefit of those acts. This
Is mentioned in order to prevent unne.