Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1831-09-27
eHAHLEsloS, Sept.
LAW INTELLIGENCE

TIE United &nie. vs.. isaac E. Hoiu.,
andsr Mazyck, and Thomas Gad,d,u
case came on for trial yesterday, in The n
Court Of the United States, before Judsa g NY
AS we understand the points in issce. nv H.s
follows; Mr.. Holmes imported two r,ck:H'
Goods from England, and gave bond, "a ,1s
lector of this port for the amount of ,Io,;ss :.
ing on said Goods, and on which bonds Nv aUe
,Mazyck and Gadsden are securities. tn. .
PENDANTS are all member, Of the Chares,o' y
and il is understood the importation wa. ma
pecially for the purpose Of bringing the on.S
of the Constituhonality Of the Tariff S sf'
Judge, and with this view. the payment ~
Bond was refused. The mode painted or, =.
Laws of the United States for the coIIprSs.
Bonds given for Duties. and which has her.,.s
been invariably practised by the Courts i,%
when the District Attorney is directed IA
Bond. the Judge is boun,. TO give Judpmsn
favor Of the United States at the FIRST term a..
Court. unless the makers Of the Bond n,ls
that The calculations Of the amount for vL,L
Bond is gwen is incorrect--a copy Of which a.,
and the facts, must be furnished, to the n,S
Attorney. when the Judge may defer ;le mas
to the next term ol the Conf; at which terr
Judge is required 10 give judgment, admin,
refusing the alienation OF the amount. :. ;p',
NAV redsire. The defendants in lhi, case ~
tend that the Law Of the L. States rpau,r;n, "
summary process. j. unconstitutional, ns,m,
as the Constitution Of the United States QUA,
tees that no citizen shall be deprived Of Ii.E
liberty or property without trial by jury.
On the other hand, i; Is cOn'cBied ,ha, IN ~,
other countries tie duties on importation. ;.
payable IN cash. but that in the United sr,a
the government, designing to favor Comu,rr
gives credit OF the amount Of duties. Of from,
to eighteen months. free Of interest, which amor
is in fact part of the merchant capitalism
enable the merchant to avail himself Of he o.i
at the same time to make the government seq,
in the ultimate payment Of the dutIe>, Cor,ns
passed law specifying the mode Of cocrcr,ul
nent, in case the importer fails to paw tie h, |
when il becomes due. These cundtonsd i.
law, il is contended, become part Of the cca,n
in the bond, and are viewed a, equvalcn, % "
credit OIL the duties. These conditions ar. r,I
MANIFEST by TIE ldCt Uldt u - uIs'l'llOIjY GL
the Collector to give the credit, Or # he br.iss
the bonds will not be paid at maturity. he NV
mand the cash for the amour, Of dates. 6,
in this latter case the paiernal regard u the |
vernment for commerce is preserved. for the D
ties, who, for want Of character, ate required
pay their duties in cash, are placed on aImu
equality with thnsc who obtain the credit. b,
ing allowed a certain rate Of interest for the pI
ment thus made in cash. 1t was, therefore 4
these points the argument probably Hinged.
Tue Court room was 50 crowded, that We mI
unable to get within hearing Of the speakers; u
we understand the argument on both sides sd
very ably supported, and we hope to be able |
give some report oft hereafter. The case VI
sustained by Robert b. GiIchfist, Esq. DrtnI
Attorney, and James l.. PetIgru, Esl. for d
United States, and James G. Holmes and Gec'g
M'Dufie, Esqs. tor the Defendants. The Ccf
opened at 10 O'Clock; aud the argument cIOs
at about 4 o'clock, when the Court adjourned
We understand the Judge will give his OpnI!
to-day, at l2 O'Clock. -Courier