The enquirer. [volume] (Richmond, Va.) 1804-1815, 1813-03-23
DOMESTIC.
(ClRCULAR.)


t''. CIRCULAR
/ Treasury Department, FEB. 18Th, 1913.
SIR-The acts passed during the present
session OF congress, which direct the secre-
tary or the treasury to remit the fines, pc
nalties and forfeitures incurred by reason OF
illegal importation, from the dominions of
Great Britain in certain cases defined by
those acts. have imposed on the treasury
the duty OF deciding whether the cases, on
which applications may be made, are or
are not embraced by the acts. If the Sc
creta-y is OF opinion that acasc is thus EN-
braced, he has no Discretion, but i. bound
TO remit. If he is not satisfied that the case
IS thus embraced, he Cannot remit by vir-
tue OF those ACTS, but may. according 70 the
circumstances OF the case, remit or miti-
gate on application made in the manuer
pa escrioed by the general law.
The time of departure OF the vessels cam
always be ssccrsa;asa b. sfIeial papers, &
presents no difficulty. The certificate of
Saie district judge will always be considered
as conclusive evidence of that fact But
there are two questions on which the state
ment of the Judge. if expressed in d general
manner, would be rather the evidence of
his opinion as dcduced from the facts proved
to him, than of the acts themselves
Those questions are--1st. Whether the
merchandise was owned exclusively by CT
tizeAs Of the United States at the time of
shipment. I'd. Whether the purchase was
made prior to the time when the war was
known at the place Of purchase. The evil
dence on both points may in many cases
be direct and conclusive, leaving no doubt
on the subject. In other instances, doubts
and difficulties may arise respecting the al
lodged exclusive property of'American ci-
ti2ens, and what may be considered IS the
COmnletIOn ard date OF tho
only is it necessary in those doubtful cases
that the truth of the facts should be tested
by Undergraduates and strict investigation
but IN order TO fulfil the law. the secretary
OF the treasury must be enabled to certify
that the facts are proved to his sa,isfacti-
on. For that purpose, and in order to pre-
vent the delays arising, GA investigation of
the facts at the treasury, in the numerous
cases which do not require il, and also to
insure uniformity in the mode of proceed
ings, the folio owing rules have been adopted
and are communicated for your information,
and that OF the parties concerned
l. In all the cases where the district at
tornaY Will state in writing {" that he has no.
canse 90 show against the remission" and
where the Judge will certify, either gene
rally o. by reference to the terms OF the
law. that the Case is embraced by the pro
visions of the statute, the fines, penalties
and forfeitures will &c RENTED without
further inquiry, unless the collector inter
ested i'll the forfeiture should have filed
specific objections, IL writing, TO be annex
ed to the petition.
.. In the cases where the district attor-
ncy shall! not have stated that ne has no
cause tn show, where the Judge will
not thinG proper TO certify as aforesaid, or
where objections, i'll writing, may have
been filed by the collector, the. substance OF
the evidence must be transmitted to the
treasury, or be Incorporated in the Judges
abatement, which 60 far as relates TO fact.
proved TO his saulsfac'i ion, will always be
deemed conclusive evidence of those facts.
s. The principal facts to be thus proved
and Certified are, the date and substance of
che orders Of the American merchants, of
the purchases made by the correspondents
or agents Ia the dominions of Great Britain,
of the answers OF those correspondents or
agents, of the bills of fading. and of the in
voices. All these appear requisite in
doubtful cases; but it is not intended to
exclude any other evidence adduced in sup
port OF the allegations, OF appearing to dis
prove them.
in order TO hasten and facilitate the exa-
OF documents, and of oral evi-
dences and the critical investigation neces-
5ary in sore cases, l would suggest the
proPtICty Vi SuDHilttinE 70 the Judge the
appointment OF one or more persons to as
sist you, and the allowance of moderate
fee III such case, to be assessed as part of
the costs, whether those costs shall become
payable by the parties according to the
terms OF the remission, or from the pro-
ceeds OF the forfeiture when not RENTED
il is proper to observe that with respect
to vessels, their forfeiture is RENTED under
the acts OF this session, Only in cases where
the whole OF the cargo is entitled to the be.
neht OF those acts This is mentioned in
order 10 prevent unnecessary expence and
delay; as in those cases where any parcel
OF merchandise on board the vessel is not
embraced by the provisions of the acts, j,
does not appear that the owners Of such
vessel can obtain relief Otherwise than by
application under, and in the manner pre-
Scribedby the general law.
have the honor to be, respectfully, sir.
your O6edient ser yant.
ALERT GALLATIN,
The attorney cfthe United STATES
For he district q Connecticut.
BosroN, March 8.
Lose If Ship Frestdent y4deuis Of Boston
Extract of letter from al Officer of said
ship, dated Canton, hov. 2, 1912.
Sir an extremely sorry to inform