Staunton spectator. [volume] (Staunton, Va.) 182?-183?, 1831-10-07
From the Charleston Courier, Sep. 20.
LAW INTELLIGENCE.
The UNITED STATES.

ISAAC h. HOLMES, ALEXANDER MAZYCK,
and Thomas GADsDEN.

ISAAC T.. HOLMES, ALEXANDER MAZYCK,
and Thomas GADsDEN.
This case came on for trial Yesterday,
in the District Court ofthe United States,
before Judge LEE.-As we understand
the points in issue, they are as follows ::
MIR. Holmes imported two packages of
Goods from England, and gave bonds to
the Collector of this port for the amount
of duties accruing on said Goods, and on
which bonds Merssrs. Mazyck and Gads-
den are securities. The defendants are
all members of the Charleston Bar, and it
is understood the importation was made
especially for the purpose of bringing
the question of the constitutionality of
the Tariff before Judge, and with this
view, the payment of the bond was re-
fused. The mode pointed out by the
laws of the United States for the collec.
ton of duties, and which has heretofore
been invariably practised. by Courts, is
that when the District Attorney is direc-
ted to sue bond, the Judge is bound to
give judgment in favor of the United
States at the first term ofthe Court unless
the makers of the bond make oath that
the calculations OF the amount for which
the bond is given is incorrect-a copy of
which oath, and the facts, must be fur
nished to the District Attorney, when
the Judge may defer the matter to the
next term of the Court at which term,
the Judge is required to give Judgment
admitting or refusing the alteration ofthe
amount, as justice may require.-Thed de-
PENDANTS in this case contend that the Law
Of the United States requiring this sum-
mary process, is unconstitutional, mas
much as the Constitution of the United
States guarantees that no citizen shall be
deprived of his life, liberty or property
without trial by jury.
On the other hand, it is contended
that in most other countries the duties on
importations are payable in cash, but that
in the United States, the government
designing to favor commerce, gives Gre
dit of the amount Of from six to eighteen
months, free ofinterest, which amount is
in fact part of the merchants capital
but to enable the merchant to avail him
self of the credit, at the same time to
make the government secure in the ulti-
mate payment of the duties, Congress
passed law specifying the mode of coer-
cling payment, in case the importer fails
to pay the bond when it becomes due.
These conditions of the law, it is conten.
ded, become part of the contract i'm the
bond, and are viewed as equivalent to
the credit on the duties. These condi-
tions are made manifest by the fact that
it is discretionary with the Collector TO
give the credit. or ifhe believes the bond
will not be paid at maturity, he may de-
mand the cash for the amount of duties.
Even in this latter case the paternal re-
gard of the government for commerce is
preserved, for the parties, who, for want
of character, are required to pay their
duties in cash, are placed on almost an e.
quality with those who obtain the credit
by being allowed certain rate of interest
for the payment thus made in cash. 1t
was, therefore, on these points the argu-
ment hinged.
The Court room was so crowded, that
we were unable TO get within hearing Of
the speakers; but we understand the ar.
gument on both sides was very ably sup.
ported, and we hope to be able to give
some report of it hereafter. The case
was sustained BIZ Robert G. Gilchrisf,
Esq. District Attorney, and James L.
Pehgru, Esq. for the United States, and
James q. Holmes, and George WDUfie.
Esqs for the Defendants. The Court
opened at 10 o'clock, and the argument
closed at about 4 o'clock, when the Court
adjourned We understand the Judge
will give his opinion to-day, at IL
o'clock.
from Tie Charleston Coyrier, Sent. %.
THE CUSTOM HOUSE BOND.
"The case of the L. States against |
Nessrs. HOLMES, MAzYcK, and CABS
'EN, was concluded yesterday afternoon,
It half past . o'clock, after the most ami
mated discussion Of the various points
which arose during the trial. His hon
II Judge LEE, gave his opinion about
loon, on The question made the day be- J