Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1826-07-20

observe, that the teas could not have been re.
moved without fraud or gross negligence in
them; and it would be dangerous, and viola
ton of all sound principles. to admit construc.
ton of the law, which, in its consequences,
might reward such misconduct with portion
of the forfeiture. For if these teas are forfeit
ed, they would have been equally liable 10 for
fixture, if they had been seized by a custom
house officer in Philadelphia whilst on their
way from the store to the vessel in whioh they
were transported to this city.
So far as the forfeiture may be claimed on
the allegation Of conccalment, it is sufficient to
say the fact is expressly dlsproyed by the spe-
cial verdict.
There was not, therefore, made out, on tie
part Of the Unit ed States, the presumpti,e evil
dence which the 43d section of the act declares
shall render the property liable to forfeilure--
And the claimants were under no necessity of
proving that the teas were imported into the
United States according TO law, and duties
paid or secured.
This would supersede the necessity of exam,
lining the second point that has been made in
this cause But as the question has been fully
argued, it may not be amiss for ne briefly to
state the view have taken it, The special
verdict puts at rest all questions tina, could
arise respecting the legality Of importation
And under this branch Of the case, The only en-
quiry is, whether by the general bond Gas i, is
called of he importer, and The depoSite of the
teas as required by law, i'll such cases, the dd
ties were secured within the meaning, and true
Interpretation Of The 62d section Of the act
five look at this. question upon general prln-
cipes, and judge of it according 10 the com
mon or legal understanding OF such a iransac-
tion, independent Of any statutory provision, no
doubt could arise To say that bond, fixing
the amount; Of a debt, and limiting the time Of
payment, accompanied with deposits ofgoods
to double the amount in value, TO be hello as 4
pledge, with authority to sell the same at the
expiration of the time limited for payment, and
OUT Of the proceeds TO pay the debt, is not Sc
curty for such debt, would be considered an
extraordinary proposition, and could not be
sanctioned. If SO, is there any thing either in
the letter or in the spirit and policy Of the col
lection law, calling for the application Of other
and different principles? This ed section OF
the act declares that, with respect 10 teas i'm
ported from China or Europe, it shall be al the
option of the importer to be determined at the
time ofmaking the entry, either to secure the
duties thereon, on the same terms and stipula-
tons as on other goods, sc or to give his own
bond in double the amount Of the duties, with
u condition for the payment OF the duties Ill
two years from the date Of the bond, which the
collector is directed TO accept without surety,
Chat is to say personal surety,) upon the terms
particularly specified in the act; which are sub
tan,ialy, that the teas shall BIZ deposited at the
expense OF the importer in store house to be
agreed upon between the importer and inspec-
,or Of the revenue, upon which store house the
Inspector is required 10 atiix two locks, the key
Of one 10 be kept by the importer, and the key
Of the other by the inspector, who shall attend,
a, all reasonable times, for the purpose of ce-
livering the teas out Of the store house. But
no delivery is to be made without permit in
writing from the collector and naval officer
And to obtain such permit, the duties upon the
teas so TO be delivered must be first paid TO the
collector, or bond with sureties TO the salts
faction Of the collector, given in double the a.
mount Of The duties payable as specified in The
act And if the duties on any parcel OF the
teas shall not have been paid or secured to be
paid in the manner last specified, CHAT is by
bond with suretieS,) within the term Of two
years, the collector is authorised and required
to sell so much Of the teas, as may be necessary
10 pay the duties and expenses on the teas re-
naming in store, and to return the overplus, il
any. to the 0,Dfier or oUners thereof.
There is nothing in this provision essentially
to vary it from the ordinary deposite Of goods
between individuals, as pledge TO secure the
payment of debt. II is unimportant that the
importer was liable for tie duties without his
bond o: that the government had possession Of
the teas, and lien for the duties before the de
posite OF this there can be no doubt. But
the government by the provisions of this act,
has agreed, to hold this security under differ,
ent modification, and with dEerent powers,
than il possessed before. and whether this ar
rangement is exclusively for the accommoda.
ton and benefit Of the importer or not, cannot
alter the question. The possession Of the pro-
per,y and the liability of the importer constitu-
ted the security which the government had for
the duties. And that continues until discharged,
from time to time, upon different parcels OF
teas delivered out OF store, under the permit OF
the collector, according to the provisions OF
the act And what security could be more am
pie and satisfactory 10 the government 1t is
muih more safe than the personal responsible
ty OF individuals, especially upon so long Gre
di, as two years. This security cannot be lost
without the misconduct Of the agents Of the go
vernmeDt | do not mean TO be understood
that the lien is discharged by any such miscon
duct, if possession is rcgained so as to enable =.
the government to enforce the lien. But how