Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-01-03

guage unless the circumstances were more FULLY
known, and the House certain that the language
would apply. He thought that the terms of the
resolution were sufficiently definite ,as worded.
II goes to inquire what atons have taken place,
from the instructions issued by the Treasury De-.
par'ment to the Collectors, in reference 10 this sub
lec' and what losses have happened. Or are likely
10 occur, In consequence OF such deviaiions or ne
giect on the part of the officers of Government.
or himself, he said, ne had personal knowledge
that any special Instructions, whatever, had been
gwen on TINS subject Public rumour, however,
SAID that there had and that they such as would
fully exonorate from blame, the Collector, in whose
once theioss had occurred. Whatever might be
the facts OF the case, it was than justice
TO all parties, that the truth should be known res
pecting it,
Mr. Mercer, or Va said, he would suggest TO
the worthy member from Georgia, that it would be
better to modify the amendment he had offered, by
striking out the word &C fradulenly;" and he nov
ed that the amendment be so altered.
Mr.. Forsyth replied, that he should assent to
this modification, if the honorable member from
virginia would assign any whatever, why
such modification necessary.
MIR. Mercer REPLIED that the retaining of tine
word would place the secretary in an embarrassing
situation, as he would, very properly. feel reluc-
tant TO say, officially, that the property in ques-
lon had been g frauduently'' removed, unless that
was an obvious and sufficient reason for the modi-
hcaiion he had proposed.
MIR. Forsyth said, that, under the provisions Of
the laws, there was but way of legally remov-
Ing goods from pablo warehouse which was,
by compliance OF the party owning them with the
usual requisi,ion OF bonds and securities, for the
payment OF the duties thereon. Ii goods shall ap-
rear to have been removed without compliance
with these prerequisites, the Secretary of the
Treasury would, Mr.. i. presumed, take it for
granted that they were fraudulently removed, and
the United States thus deprived of sums of money
justly due to the Government. He did not con-
ceve that there could be any disrespect 10 the Sc
creary OF the Treasury, that any delicacy could
be felt In or out of the House, in giving TO such
conduct It's proper denomination. II was rumoured
that large quantities OF goods had been removed
from the public warehouses in Philadelphia: such
goods cannot be legally removed from the public
warehouses without compliance with certain con-
ditions: those conditions were not complied with
and the removal of the goods, therefore was a
fraud. The term removal or removed, -
without some discriminating epithet, would apply
to all goods which have been taken from public
WAREHOUSES during the last year. and would lead to
an investigation not only into the circumstances of
the removal, but also into the responsibility of the
sureties in every case, SIC. The term g frautu-
lent wasnot particularly favorite with him..
and, if The gentlemen chose, Illegal irregu-
lar, or any other more delicate phrase, might be
substituted for it,
Mr. Mercer observed in reply, that he could rea-
Oily imagine removal of these goods without any
fraud. twas possible it might have happened by
accident, by mistake. He would presume any
thing rather than fraud. until fraud were proved.
He had no such knowledge of facts as prepared
HIM 10 lay Tire foundation of such charge He
did not wish 10 be understood as having the small
est objection TO the addition of the clause propos-
ed by the honorable member from Georgia, and he
should cheerfully vote for it, if the word lille
gaily" were substituted for " frauduently.'
Mr.. Webster of Massachusetts. expressed hone
either that the amendment would be Withdrawn, or
that the House would think the resolution as orgi-
nally offered, sufficiently broad. He apprehended
that the amendment now proposed would create
much stronger difficulty than it proposed to re-
move Whether property had been illegally re-
moved from the warehouses OF the Uniied States,
was question that must be judicially decided
Such an act might be performed legally as respect
ed third persons, and still the conduct of the OFF,
GERS, of government be very reprehensble. Now,
he considered the great points OF this inquiry TO be
nrst, whether these officers had done their duty
and, secondly, whether the loss had accrued i'm
consequence OF their having done it or not If the
loss had happened without blame TO the officer il
must be owing 10 some defect, either in the statu-
tory provision, or in the Instructions issued by The
department. FOR himself, he apprehended il
would turn out that no instructions had been piven
by law they could not. interpretations of statues
had indeed sometimes been given by the Heads of
Departments, but The Constitution knew of no
such things as rescripts from the Treasury declar-
Ing III what sense the law should be understood
No commands from the Treasury could make that
right, which the law had pronounced TO be wrong.
nor could 1t make that crime, which the law al
lows. All that the House, in this case, wanted 10
tga1 Galna4 g..l1.
IN its present FORM 1t asked whether any devia-
ton had taken place, either from law, or from the
instructions received from the Treasury; and whe-
tber, In consequence Of such deviations, if there
had been such, any extraordinary losses had been
suffered by the United States. This he conceiv ed
to be the proper inquiry. If it should even be
found that the removal of the goods had been IL
legal, he did not see that that fact would help the
House in any way to reinstate the Treasury All
that the House wanted 10 know was whether the
loss had been occasioned by departure from the
law, OF by defect in the law. This object would
be attained by the original resolution.
The question being then take on the amendment
proposed by MIR. Forsyth. it was decided in the ne
gative.
Mr.. Powell Of Virginia, observed that, if il were
important to get the information in this case, he
thought the resolution stopped short Of its own
object. If the House learned that any extraordin-
airy losses had taken place, il should also be in
formed what steps had been taken by the Depart
ment In consequence. III the losses suffered were.
as had been reported. OF extraordinary charac-
ter, 1t was 10 be presumed that extraordinary
steps had been taken to meet the emergency. With
view TO ascertain this, he offered the following
mendment.
/" And whether any, and what, steps have been
taken by any officer Of the Government, in relation
to any such losses, VI such have occurred"
MIR. Cambreleng of N. Y said, he had no doub,
OF The propriety OF the proposed amendment, but