The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1838-04-11
Ut. 8. LAWS.
[BY AUTHORITY.7
LAWS OF THE UNITED STATES,
PASSED AT THE SECOND SESSION OF THE
TwENTY-FIFTH CONGRESS-.
TPUBLIC--No I0.1

PUBLIC--No 10.
AN ACT = ppementary to an act entitled "An
act IN addition TO the act for the punishment of
certain crimes against the United States and TO
repeal the acts therein mentioned" approved
twentieth Of April, eighteen hundred and eighteen /
BE II enacted by The Senate and House Of Regresen-
atires Of the United States Of Ameriea in Congress- a.
sssnJIed, That the several collectors, naval officers.
surveyors inspectors of customs the marshals and I
deputy marshals of the United States aud every
other oiflcer who may be specially empowered for
the purpose by the President OF the United States
tha be. and they are hereby respectively authorized
and required TO seize and detain any vessel or any
arms or munitions OF war which may be provided
or prepared for any military expedition or enter
prise against the territory or dominions of any
foreign Prince or State, or of any colony, district
or people conerininous with the United States and
with whom they are at peace, contrary TO the sixth
section oi tho act passed the twentieth of April
eighteen hundred and eighteen, entitled An act |
IN addition to the act for the punishment of certain
crimes against the United States, and TO repeal the
acts therein mentioned" and retain possession of
The same until the decision of the President be had
thereon, or until the same shall be released MS here
lnaer directed
Sec. g Aad belt further enacted, That the several
o'ncere mentioned in the foregoing section shall
BE- and they are hereby respectively authorized and
required to seize any vessel or vehicle and all arms
or munitions of war, about pass the frontier of the
United States for any place within any foreign State
or colony, conermlnous with the United States
where the character Of the vessel or vehicle, and
the quantity of arms and munitions, or other circum-
stances shall furnish probable cause TO believe that
the said vessel or Vehicle arms the owner or ow H.
ors thereof or any other person persons with his
or their pryity, IN carrying any military exped
Ion or operations within the territory or dominons of
any foreign prince or State, or any colony district
or people contermlnoUs with the United States and
with whom the United States are at peace. and de.
tain the same until the decision Of the President DO
had Tor the restoratlons OF the same, or until such
property shall be discharged by the judgment of a
court OF competent jurisdiction Propided That |
nothing in this act contained be so construed as 10
extend to or interfere with any trade in arms or
munitions OF war, conducted in vessels by sea with
any pert or place whatsoever, or with .any ,other 4
trade which might have been lawfully carried on be-
fore the passage of this act under the law Of nations
and the provisions of the act hereby amended.
Sec. 3. Andb be further enacted, That il shall be
the duty the officer making any seizure under
this acr, to make application, with due diligence TO
the district Judge of the district court of the United
States within which such seizure may be made for
warrant TO Justify the detention Of tho property SO
seized; which warrant shall be granted only on oath
or affirmation, showing that there is probable cause
10 believe that the property seized is intended TO
be used IN manner contrary TO the provisions of h
this ac and If said Judge shall refuse to issue such
warrant. or application therefor shall not be made i
by the officer making such seizure within a reason .
said property shall forthwith be restored to the own
er. But it the said Judge shall be satisfied that the !,
seizure was justified under the provisions of this act
ard issue his warrant accordingly, then the same :,
shall be Detained by the officer seizing said prop.
erty, until the President shall order it to be restored
10 the vner or claimant, until 1t shall be dis !,
charged in due course law the petition of the !,
claimant, as hereinafter provided
Sec. A. dnd be l. further enacted THAT the owner
or claimant ofany property seized under this act
may file his petition in the circuit district court of
the United States in the district where such seiznre
was made, setting forth the facts in the case and
'hereupon such court shall proceed with all conven-
tent despatch, after causing due notice 10 be given
to the district attorney and officer making such
seizure TO decide upon the said case and order re-
oratlon of the property, unless it shall appear that
ne seizure was authorized by this act aud tho cir.
nit ani district courts shall have jurisdiction, and
are hereby vested with full power and authority, TO
Try ard determine all cases which may arise under
this act and all tissues in fact arising under it, shall
Dc decided by Jary in the manner now provided by
aw.
Sec. s. And be 1t further enacted, That whenever
he officer making any seizure under this act shall
have apnliep for and obtained n warrant for the
detention of the property or the claimant shall
have hed petition for its restoration, and failed
o obtain it. and the property so seized shall have
'een in the custody the officer for the term of
hree calender months from the date Of such SeiZ- ,
IRE, il shall and may be lawful for the claimant y
u owner to file with the officer a bond TO the a.
mount of double the value of the property 50 seiz =
cd and detained with al least two sureties 70 be u
approved By the Judge of the circuit or district u
;ourt, with condition that the proberty, when re ~
stored, shall not be used employed by the owner u
'r owners thereof or by any other person or per- g
sons with his or their priviiy, in carrying on any "a
military expedition operations within the terri u
ory or dominions Of any foreign prince or State, u
Vi any colony, district, or people, conterminous ~
win the United States, with whom the Uaited u
states nre at peace; and thereupon the SAID officer o
ha restore such property to the owner or claimant a
mus giving bond Proridcd That such restoration Oi
saali not prevent sezvre from being again made ~
Ia case there may exist fresh cause TO apprehend 81
new violation of any Of the provisions of this re
act. ~ m
Sec 6. and be i, fuher enacted, Tha, every per.
son apprenended and committed for trial for any p
onence against the act hereby amended, shall when al
samiied TO bail for his appearance, give such ad
auonai security as the judge admitting him to st
paii may require, not to violate nor toad in yio CT
mended, ''' d
sec .. dnd be II further enrcted. That whenever ca
the President ofthe United States shall have reason M
70 believe that the provisions of this ACT have hon
or are likely 10 be violated that offences have been
or are likely obe committed against the nroyiSons
of the act hereby amended, within any iudicaI diS
irict II shall be lawful for him, In his discretion
10 drectthe Judge marshal and district attorney. oil