Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1838-02-20

hands OF one OF these oihces perhaps may ny goou
fortune have been put into The hands OF District At
t,1ney How is he to know whether the obligation has
been vioated-the bond broken, How is he 10 prove
that these munitions OF war, or whatever else
had been seized and given up upon the bond have been
used in the manner designated? Does his jurisdiction
extend the only place where these dcts can be ascer
tained-beyond The line:
There is anuther objection 10 the bill. 1t vests DAN
gerous ard unusual powers in the officers OF Govern
ment This feature was one which stamped the bIl Us
unconstitutional, and against the whole policy oil our
laws 1t gives the Executive vast discretionary pow
ers unparalleled by my proposed before 10 be vest
ed in that branch Of The Government The otncer IS
only empowered to seze but 10 hold the articles
signated Who is 10 judge OF their value: For 1t is
upon an estimate of their value that the terms of The
bond are to be predica,ed. The same individual who
sezes them And he may fix that value at nothing, SO
rs 10 expedite the passage OF the person Whose proper
y has been seized out Of the country or he may make II
so exorbant 10 be oppressive, and 10 amount 10
forfeiture of the whole What was 10 prevent any one
of these officers from stopping citizen riding in his
carriage upon that ontie,-aye in this very CITY and
saying, 81 arrest this carriage as vehicle contemplated
BY tins bi:" The presumption is, that the ohcer will
do but his simple duty; but the law throws strong temp
tation in the way Of the officer 10 do otherwise.
But this bill proposes not only violation OF private
rights but gross violation of The Constitution. by It
any officer may seize the of another, al discretion;
and this in dcroga,lon Of expressly guaranteed TO
The citizen by The letter of tie Constitution.
Aran the Constitution guarantees the citizen per.
feel freedom from arrest without due process OF law
1See the 4lh amendment Of the Constitution And
This bill proposes 10 vest arbitrary power in The hands Of
u S. officers violate this sacred right. also For, are
not the seizure and OBTAINING Of arms, and the holding
them give bonds for their use violations OF the
most manifest character Of these rights. Ii could no,
be doubted
By this bill, moreover, there liability Of the Of
fcers, in of wrong seizure or deentiun as in all
acts upon the statute book in similar cases.
The only true way, Mr.. l.. commended, To accomplish
the objects of the bill was 10 pursue precisely the same
mode tina, taken in other as in that Of arrests
of persons with their instruments and Implements sus.
pected Of intending 10 utter counterfeit money The
presence Of The instruments proves the inention though
the oct is proved and the statute imposes the penal
y accordingly. But here, in this bill, The presence Of
the arms or munitions Of war, whatever else may be
srzed, does not prove intention 10 commit violation
of any law; is it made unlawful for the citizen TO do
that for the imputed intention Of doing which he is held
give bonds and TO have lis person and property sez
ed and detained The bill is thus wanting in the first
great principle Of all penal acts IF the thing intended
10 be done be unlawful the act should declare it, with
proper penalty affixed 1t should declare lin order 10
carry out the recommendation Of The President of the
U. S in relation 10 this suhjeet that such use Of arms