Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1840-06-12

Another part q the memorial shows tho reason
why this bill has been reported by the Committee on
Manufacturers, rather than by the Committee on
WAYS and Means
"Yonr memoril: SITS IRE aware that the attention of
" the collectors, and IN particular the vigilant collector
" at Ncw-York. has tccn called N ibis evil. md
" efforts are making TO stop it but they believe TINT
" further action by congress is necessary to guard
" against the EVASION of the laws. Recent experience
has shown the great defects of existing laws, par
{" ticularlv in regard to goods which have uosscd thro'
d" the custom-hous2 and been taken from the original
" packages, ~althotgh by means of fraud and perjury
" they may have pd but a small part, ifany, of the
" duty fixed 10y law"
"Nour mcmoriaists therefore ask that the laws for
!" the collection of he duties may be revised, and made
:" cilcctual in preventing frauds of every kind"
have fifty othe' memorials from American manu-
lecturers, containr" similar complaints. II WINS the
pleasure of the House ~ rctoI titm TO the Corrn>i'tto
on manufacturers, ani IT consc ,ueItly became the
duty Of that COMM te to report to this House a bill
providing n remedy for 50 great an evil.
But the committe did not proceed on The
orthe manufactures alone Knowing that the interest
orthC Government md that of the manufacturers was.
in this matter, ideGticol. the first they did was to-
consult the Secretary oftlc Treasury MS to the facts,
and through him o holl communication with the
collector nj Ncw-Y)rk, md from the replies of both
these public oflicorsthey received a full confirmation
ofthc statements mlde il the memorials. There had
in fact been much correspondence on this matter be-
tween the Secretary and the collector, previous to the
meeting of Congress! all which ! have here; but will
not detaln the comritt-c by reading.
In addition to this. the committee had personally
before them two Of GERS of the customs from New
York, who gave to he committee n narrative of the
mode in which these frauds had been accomplished
Indeed, the substratm of the bill was drawn up by
the collector at New York and submitted to the dis
trict attorney thcrc-the former attorncv-uencral Of
the United States. .thas been drawn with a view to
meet this nation of swindcrs from abroad. j cal
them a nation, for this practice is a sort of national
thing. In saying thislt Is not my intention nJurlotsly
TO reflect on the British nation, for ever since our De
| ClarotlOn OF IndpDpnfpnCp Il part Oi nv creed has been
expressed in the language of that instruments, for ]
hold the British nation "cncnics in war, IN peace
frie"ds," and my feelings are now altogether friendly
towards them; hut when a portion of that nation
comes over to this country TO cheat us out OF orr
revenue, and to delraud our own manufacturing in
torcsts. it is my duty to defend my country against
| have said that there is something national in this
matter, and will now proceed to state what, in my
Judgment, lies at the bottom Of this proceeding. 1t
is n maxim of British rommcrcial law that it is lawful
for the citizens of nation to dcfraud the revenues of
other nations. The author of the maxim was a man
famous throughout the civilized world-a man of tran
scendent habits, who fixed more, perhaps, than any
other man of the sane century, his impress on the
age in which he lived and upon the laws of England
l mean Lord Mansfield. In some respects it has
been greatly to the advantage of those laws, but, IN
others, as much TO their disadvantage and discredit
/ of which the maxim Of which | now speak is a sigma
instance. He was TIE first Judge who established the
principle that it is a lawful thing for Englshincn tc
cheat the revenue laws of other nations, especially
those Of Spain and Portugal. This principle was fins
+, settled in an act of Parliament, the object of whcl
was to suppress what are denominated wager pollcie:
ofinsurance-a species of instrument well known t.
d, lawyers as gambling policies, being entered into wlcr
/, the party insurlng has no interest in the property. IN
sured. 1t had been a question whether such pohcle
9 We're lawful by the common law. The practice hat
! greatly increased. .sonrci that wng"r policies hat
become a common hing. 1t was with a view to sup
press these that the statute Of the nineteenth of Geo
the second, chapter 31th, was passed. The subicc
1 of that statute was good; it was remedial in II
z character ; it went TO suppress a public evil; but " hill
/, it prohibited wager policies in all other cases, IT con
4 tanned an express exception in favor Of those made Of
: vessels trading to Spain or Portugal. 1t is entitle
" An act to regulate insurance of ships belonging t
the subjects of Great Britain, and on mcrchandizes o
effects laden thereon"
Mr.. Adams proceeded TO show, by extract
from certain acts Of Parliament and from tn
Commentaries of Blackstone, that it was th'
intention of those laws to encourage smuggling
d" the object was, that smugglers should nc
only escape the effect oithcir ylllany, but shout
be actually encour red by the government i
IT, nerpetration." Dir. Adams called the atteu
ton of the Comnrrssee, to the words of Black
stone, and to several extracts from ii ..ECenc
writer, all going TO establish the charge of dis
credi,able motives fer the exceptions in the
laws in favor Of smugglorS, and finally quote,
the following from q yolamc OF the Ingljsl
Term Reports, aa the words Of the celebrate,
Judge Buller -
"And, indeed, other parts Of the act 10 Geo. 2, c
81 show that the Legislature TUNED their attention
" to different cases which might arise III the comse o
" trade for they afterwards speak ofinsuranccs upol
! 4" goods coming from any Of the Spanish or PoItu
- guCsc dUAini,ns, which may be effected, 'intCros
i 6 or no interest That exception was added for tn
purpose of encouraging the trade with Spain an
{ " Portugal, which was il favor of this country an
7 IL have heard Lord Mansfield say that the reason {
Z " that allowance was to tavor the smuggling OF bullIo
c " from those countries, which was prohibited TO b
u - exported from thence; and the persons 10 whom
3 Z" might be consigned here, could not tell by wha
= " vessel or at what time 1t might be sent as, the
> - correspondents al road we're ooigcd 10 watch ia
: opportunity Of exporting it, lbutler, j., Term IL
= ports, :, l6l.
70 Mr.. Adams proceeded
Is think | have now established the position which
S assumed, that the lawiuluees of violating the rcyenu
r. laws of other nations is principle OF English law
n principle sanctioned by The Legislature and the JUd
cial Courts OF Great Britain, but one which the be'
elementary writers, proceeding on the great an
n eternal principles OF morality, have condemned as
false principle; and l have thought It necessary to q
W this with a view to trace these frauds upon our rcycnu
tc committed by British Subjects, 10 what | hGiieve TO-
+ their original source, in the false morality IN the l.!
at dish Parliament and Eng!ish Judges. hat is Il
rs natural effect of the pronuIgltun 81 slch prllclpi'
le hy such authority! What cna it be but to oncoura.
ty frauds on the revenue of other nations When
10 principle like this goes olt sanctioned with the lcgist
of tive authority, it will have Us effect on the nation
lc :" Iuid IcpeS sine mOribuS.' The whole moral pnl
70 ciple of a nation is contaminated by this lcglsatl'
g. authorization and judicial sanction OF a practice dl
DIS honest in itself which necessarily includes not mere
n permission, but a slmulant To perjury, IL an ~
glish merchant subscribing himself To this prlncip
I'd goes to establish himsoifin Il foreign country, he go'
in as an enemy, warranted by the sanction of his ow
Courts and Parliament, to do anything that can d