Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1829-01-14

Whatever may be the frauGs and imposi-
tons committed upon the community by mean.
OF this mode Of selling merchandise, and how
ever Obvious the expediency Of depressing the Sc
evils, the Committee are unanimously Of opin.
ion that the application of the remedy belong.
exclusively 10 the Stale Legislatures. The
whole subject Of contracts and sales falls clear
ly within the province Of local legislation
Whatever form Of sale State may think pro-
per to tolerate, and however imperfect the re-
sponsibili,y Of sellers may be rendered by its
legislation, Congress have no power 10 inter
pose, unless for the purpose ofpreserving from
violation the laws Of the Union, or for carry.
ing into effect the powers granted to the Fed
erai Government.
II, however, sales at auction are the means
by which frauds are committed upon the reve-
nue., and il they enable forcignerst to enter their
goods at the custom house at lower rates than
The same quality and description Of goods are
habirually entered by American merchants,
there can scarcely be question, either as 10
the power or tho duty Of Congress 10 inter-
pose its authority. The remedy, however,
should have al appropriate and exclusive refer
ence to The evil il is designed 10 correct.
A lax upon Sales at Auction would neither
prevent the alleged frauds upon the revenue.
nor the alleged adj. autasc enjoyed by foreign
ers, unless IL should amount 20 prohibition;
and even in that case, il would be of doubtful
efficacy
AS The committee believe Congress has no
power TO act upon the subject, excerpt with a
view TO preserve The revenue laws from viola.
tion, they have reported hill prescribing Ger
tain regulations Of sales Of foreign merchandise
al auction, which, at The same time that i, a.
voids the objections to which other remedies
would be lahle, viii, i, is hoped, gofar to cor
rec, the evils OF which the memorialists cons
plain
BILL imposing regulations on Sales at Auction,
for the further protection Of the Revenue.
Be ii enacted By the Senate and House OF
Representatives. IN Congress assembled,
That, from and after the SIS, day of M.y rex.
no sales Of any goods, wares, or merchandise,
The growth, produce, or manuIal..ure OF any
foreign place or country, shall be made a. pub.
lie auction, within any city or town within The
Uni:ed Sa'es, which, by the laws thereof, has
been or may be erected into i port Of entry, or
within twenty miles OF such city or town, un-
less the auclioneer or person So selling said
goods, wares. or mere handise, shall, al the lime
Of said sale, exhibit the original invoice on
which the duties had been levied at the Gus
toms House of the Port into which they were
imported, or certified copy of said Invoice,
under the hand Of the Collector Of said Porl,
or his Deputy
S-,,i"n2 .And belt jurIher enocted That, from
and afer The 3lst day Of May next, u all sales
at public auction. of any goods, wares, or
merchandise, Of the growth, produce, or manu-
fac'uIe OF any foreign place or Country, in any
city or town which IS or may be, by the laws
Of the Unl,ed States, a port Of entry, or within
h.,
SO selling the same, Shall publish, or cause to
be published, III one OF mole Of he newspapers
printed in said civ or town, forty eish, hours
immediately before said sale. schedules Of said
goods, wares, or merchandise, containing the
name or names Of the Importer and Consiguee,
with particular description At said goods,
wares, or mere handise, with the original marks
and Numbers, and The mann names Of the
vessel vessels in which the same wee i'm
rorrd, together with the tim. Of importation;
and shall also exhibit a number Of such schs-
dulles q, the time and pace OF sale Provided,
That, it no newspaper be printed IN such city,
town, or place, said schedules, either written or
printed, shall he posted up, for the same num-
Der Of hours befo,e the sale, in three pu,
places within said city, town, or place; and III
like manner be exhibited a, the time and place
Of sale.
Section 3. find be IL further enacted, That any
auctioneer or other person, who shall, after said
3lst day Of May, sell, or attempt to SELL at pub
lie auction, any goods, wares, or merchandise
so imported, as aforesaid. wi,hou, ha,ing ex-
hibi,ed the invoic, or COPY thereof. mention
ed in the first section nf this act, or without
having published the schedule or schedules, ac-
cording 10 the acquisitions Of the second sec
ton Of this aGi, shall forfeit and pay, for each
and every of-nce. one-thiId Of the value Of The
guods 80 sold as aforesaid
Section 4 find be il further enacted, Tha, any
auctioneer or other person, who shall Sc after
said slst day. Of May, any goods, wares, or
mere handise, the growth, produce, or manu-
faclure Of any foreign place or country. a, pubs
lie auction, Knowing hat the same goods, wares
or merchandise had been smugglrd INFO any
port OF place within the United : a,cs, any
Territory hereof, or knnwi that the same
had been introduced into the UTitrd STATES, or
any Territory thereof, in evasion OF the revenue
laws, or Iha, the full amount OF the duties by
law chargrahle thereon had not h"en paid or
secured TO be paid, shall forfeit md pay, for