Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1838-03-06

ann htLeron Aycrigr Beatty, Berne, Bell, Bckhe','
Briggs, Bfodead Bronson, Bruyn' bynnm, CaG GIs.
Conner, Corwin, Cranslon, Curtis Cushman, Darling
ton, Davies Deberry, DeGrnff Droms"oIe' DUNCAN
Elmore, Evans, Farrngton R. Fletcher, Foster, ffy'
Gallup, j. Garland, Gray, Grennell, Gr'ihn, nary'
Hail. Hammond, Harrison, Hastings, iawrs' LAVISH" 'ta'
Henry Hoffman, HoIsey, Hopkins, Howard, liuDey'
w. H. Hunter, K. NJ. I. Hunter Jenlltr, Henry Johh'
son, Joseph Johnson, VIM G. johnson, J. w. Jones'
Kenble, kignre, KIingensmilh, Lawler, Legare Lead
better, Lewis, Lincoln Logan Lyon; James W. Mas M"
CIcIIan Abraham Mcclellan, McKim, Mckennan Mef'
Ger Miller Nluore Morgan, S. W. Morris, Noble, Nnyes'
Palmer Parker, Patton, Pearce, Phillips Pckens Potts.
Potter, Pratt, Prenss, Rurden Randolph, Reed, Ken
cher Rhet Richardson, Rdgway, R'ves, sergeant
Shepor Spencer, Stuart Stone, SrultOn, Taiiuerro'
TAYLOR Thomas, TillinghasL, Titus, Toucey, Inrney'
Wogener Webster, A. S. White, J: White, E! ,;I,
Whlillpsey r. r.. Whittlesey, L. Williams, J. W. WI
liams, j. l.. Williams-130.
.Nays-Nessfs Alexander, Bond, William L. Calhoun,
WIN. b. Campbell Casey, Chambers, Dawson, Davre,
Dunn, Everett, Ewing, Fillmore, Rice Garland Eoode
James Graham, William Graham, llrrod, J. Jackson,
Mitchell. Montgomery Calvary Morris, NayIor, Paer'
son. Peck Pelrlkin, Plumcr, Pope Robertson, RUSSELL
Shields Sibey, Slade. Snyder, Soulgate, Thompson,
Underwood, Sherrod Williams, Wise, Yell, forke-4'.
The bill then read a third time, rs follows:
BILL to amend act entills IAN act in addition TO
the act for the punishment OF certain crimes against
the United States and TO repeal the acts therein men.
Toned" approved twentieth Of April, eighteen nun
dred and eighteen.
BE II enacted &C. That the several collectors, naval
officers surveyors, inspectors Of customs, The marshas
and deputy nashals Of the United States, and every
other officer who may be specially empowered tor the
purpose by the President Of the United States Shall BE-
and they hereby, respectively authorized ana re-
oued 10 seize and delain any vessel Ur other means OF
materials which may be provided or prepared Tor any
military expedition or enterprise, contrary to the sixth
section Of the act passed on The twentieth OF April eIs
teen hundred aud ghteen, entitled An act III Audubon
10 the for the punishment OF certain crimes against
the United States, and 10 repeal the acts therein men
toned and retain possession OF the same until The de-
cison of the President be had thereon, or until the
same shall he released as hereinafter directed
Sec 2 find be further enacted, That the several OF.
fcers mentioned in the foregoing section shall be, and
they are hereby respectively authorized and required to
seize any vessel or vehicle and all munitions Ut
war about 10 pass the frontier OF the w. 3 Tor any place
within any foreign stale or colony cunterInnous win lie
United Slaes where The character OF the vessel or We
bicle and the uuantity OF and muniti0ns or other
circumstances shall furnish probab!c cause to believe
that the said vessel or vehicle, arms, or munitions of
war are intended to be employed by The owner or owners
thereof any other person or persons, WIN his or helr
pryity, in carrying on any military expedition or opera
lions within lie territory or domnonS OF any ioreIyn
prince or state any colony, district or people, confer
ninous with the u States, and with whom The w. States
nre at peace aud dean the same until the decision oil
the President be had for the restoration OF the same or
unit, such property shall he discharged by the Judgment
of court OF competent jurisdiction: Proridcd, That
nothing in this contained shall be construed as to
extend TO- or interfere WITH any trade with or ny The
citizens Of the United States 10 or with any parties en-
CARED in war; which trade is now authorized either ny
treaty or The laws OF nations.
Sec 3 and be further cnacted, That 1t shall be The
duty Of the officer making any SEIZURE under ibis ac 10
make application, with due diligence to the district
ndrc Of the district Of the Unied States within
,b lao ia, fDra " m
fy The detention Of the property selzed which warrant
shall he granted only oath or Affirmation, showing
that there is probable cause to believe that The property
40 seized is intended TO be used IN manner contrary 10
the provisions Of this and if said Judge shall refuse
10 issue such warrant application therefor shall! not
he made by the officer making such SEIZURE within rea
sunabe time thereafter the SAID property shall Forthwith
h. restored 10 the owner. But if the said Judge shall
be satisfied that the seizure was Justified under the pro-
visions oil this act and issue his warrant accordingly,
then The same shall be detained by the officer so seizng
said property, until the President shall order II to be re-
stored 10 the claimant, or until 1t shall be DIS
charged in due oil law, on The petition Vi the
claimant, as hereinafter provided
Sec ind be it further enacted, That the owner or
claimant OF any property seized under this act may hle
his petition in the circuit or district court OF the b
in the district where such SEIZURE was mace sethg io'
the facts in the and lereupon such court snail
proceed with all convenient dcSpatch alter causing due
notice be given 10 the district attorney and olhcer
making such seizure 10 decide upon the said case, and
order
TIM, the seizure was authorized by this act; and the cir
cult and district courts shall have jurisdiction, and are
hereby vested with full power and authority TO try and De.
ternne all which may arise under lhs ac and all
issues in fact arising under it shall be decided by jury
in the manner now provided 81 law.
Sec s. .4nd be Il further ennccd, That whenever lhe
officer making any seizure under this act shall have ap'
ped for and obtained warrant for the detention Of the
nroperly or the claimant shall have filed petition Tor
ia rcs,oa,on and failed 10 obtain it, and the property
lilo b,po hsen in The SioUv mi
far the term Of three calendar months from the date OF
such seizure shall and may be lawful for the claimant
or owner to file with the officer bond 10 the amount OF
double the value Of the property SO seized and detained,
with a, least snretes 10 be approved by tie Judge
of the circuit or district court with condition that the
property when restored, shall not be used employed
by the owner owners thereof or by any other person
or persons with his their prvty, IN carrying on any
military expedition nr operations within the territory or
doinons of any foreign prince or State or any colony,
district or people, c0ntermnOus with the United states
with whom the United States al peace; and there
upon the said officer shall such property TO the
owner claimant thus bond Pr0etded That such res
toraon shall prevent seizure from being again made,
in case there may exist fresh TO appreend new
violation of any Of the provisions OF this act.
Sec G. ind be il further enacted, That every person
spprehended and committed for trial. for any offence
AGAINST The act hereby amended. shall when admitted 10
hail for his appearance give such additional security as
the udge admitting him to bail may require not TO Vlo'
late nor TO aid in violating any of The provisions OF the
net hereby amended
Sec T. 7nd DC il further enacted, That whenever The
President of the u S. shall have to believe that Of
fences have BEEN likely to be- committed against
the provisions Of the act hereby amended within nyJu'
dicia district shall be lawful for him, in his dscre'
ton to direct the judge, marshall and district attorney
of such district TO attend at such place within Inc os'
tct. and for such time, as he may designate, Tor The
purpose of The more speedy md convenient arrest and
examination of persons charged with the violation q" the
act hereby amended and it shall be the duty OF every
such Judge other officer, when any suc reqnsuoh
shall be received BY him. 10 attend at the place and for
the time therein des grated.
Sec T. lind be it further enacted, That shall be law
full for the President of the United States, or snch per-
son he may empower for that purpose 10 employ such
pa or the land or naval forces of The United States, or
of The militia as shall be necessary to prevent the VIOLA
,ion aud 10 enforce the due execution, of this act and
the ucl hereby amended.