Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1821-07-25

the cerCllcdtcS WHICH, NSio iSiu
accompany the casks; that in ans"er 70
this demand. the claimant declared that
he had the proper certificates, and that
he would go to his house for them, and
bring them down to the Custom House
for the inspection of the Collector The
seizing officer requested him to 90 So as,
surfing him at the same time that he would
90 Immediately to the Custom House IN
order to meet him there. ihe casks
were accordingly removed by the se'zing
officer to the Store commonly used by
the Collector as a place OF deposit tor
merchandise under such circumstances;
andI thereupon the Selling Officer Went
to the Custom House, according TO the
| rangemen which had been previously
made with the Claimant, as above stated,
in order to wait there his arrival wlththe
certificates. 1t appeared howeve that
the Claimant did not, on that day, nor at
apv time afterwards, produce the said
| certificates at the Custom House, as he
had proposed to do-and in Iact that no
thing further was heard of any such doc
uments either by the Collector or any
other person representing the U. States
in behalf of the prosecution, until they
were produced before the District Judge
on the second day of June following, when
an application was made to the said Judge,
by the Claimant, for the delivery OF the
merchandise, Upon giving bond for the
appraised value thereof, In conformity
with the provisions of the law in such ca
ses.
1t was further shown on the part OF the
United States, very clearly and satisfac-
torily that notwithstanding the apparent
conformity between the casks and the
certificates, yet that the contents of the
former at the time of the seizure, were
essentially different from what they were
at the time of their being marked, and at
the issuing of the certiticates-that the
spirits now contained in the casks, in
stead of being genuine Holland Gin of
first proof, according to the purport OF
the marks and certificates, were, in fact,
a species of mixed, adulterated spirit,
composed lin the opinion of the witnesses)
partly of foreign and partly of domestic
manufacture; and although not much re-
duced, merely as to proof, yet so affected
by the mixture as to have lost about fifty
per cent. of the market value of the arti-
Gle at the time of its original importa-
ton.
The opinion Of the Judge, upon the
several points which had arisen at the
trial, was expressed to the effect follow
ing, viz:
LIST. That ever if the certificates now
produced were genuine, and found in ev-
cry respect to comport with the marks &
contents of the casks, still that the circum-
stance of their nonproduction, upon the
demand of the s~eizing officer, and their
being kept back, for such a length of
time by the Claimant, must be deemed
sufficient in point of law to maintain the
"avermeEt that the casks were found un-
accompanied with the proper certificates
SO as to justify the seizure and to raise a
legal presumption of their liability to for
fixture, which could only be removed by
the production of satisfactory proof on
the other side; "that the distilled spirits
contained in them, at the time of seizure.
had actually been imported into the Uni
ted States, and the duties thereupon paid
or secured"
I'd. That a person having in his possess
ion for sale, a cask of distilled spirits,
which has once passed from the Custom
House, and is accompanied by the marks
and certificates required by the law in
that case, has no more right. without first
celebrating such marks, and surrender
ing the certificate, to change, essentially.
the contents of such a cask, than he has
to alter the marks, or to erase and falsify
the certificate itself; that to do this. in
either case, is to tamper with an impor-
tant public regulation; that it must be re-
garded as a fraudulent act of the party
and like the forging or Justification of
deed, or any other instrument. must for
ever debar him from the privilege of re-
sorting, afterwards to the original vouch.
er as affording the evidence of his rights
Sdly. AS a conclusion from the forego.
ing positions, it was laid down distinctly
by the Judge. that if, from the strong
proofs which had been produced on the
part of the prosecution, it should be the
opinion of the Jury, that any part of the
spirits contained in these casks were of
foreign manufacture, or in other words. |
were such as were required by law to be
marked and certiicated; and that the
contents of the casks, at the time of the
seizure. were essentially different from
whatthey were when the certificates were !
Issued, then that the certificates ought to
be rejected as wholly inapplicabie. as af |
tording no evidence whatsoever that the |
spirits had been legally imported, and