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ro raise op domestic manufacture*.
1 hi* irlta, I think though not < x
pressly con.baud by the observa
tions of '• grntUman from De
laware, (Mr. Whitt) was aubat*.,
tially rrfuU*d by him. That gen
tleman, with great elegance a id
something of sarcasm applied u
the House to know how the treaxu
rv would be hied in the next year ;
and observed that the present “ in
cumbent of the Presidential pa
lac« " would not dare to resoit
to a direct tax, because a former
administration had done so and
felt the rffecis of it, indnuatin;
that the present administration did
not poHScSs courage enough to at
tempt it. Now, I a*k, if thev
daie not resort to a direct tax, ex
cise laws and stamp acts, where
will they obtain money ? In
what way wdl the public coffers
be tilled ? Ihe geode-man must ac
knowledge that all our present re
venue is derived from commerce
and must continue to be so, ex
cept resort be had to a direct tax,
aud the gentleman says, we have
not courage enough for that. 7’he
gentlruinn from Connecticut must
suppose, if the gentleman from
Delaware be correct, that the ad
ministration seeks its own des
truction. We must have revenue,
nntl yet are told that we wish to
destiny the only way in which it
can be had, txerpt by direct tax,
a rrsort to which it is asserted
would drive us fiom the public
tervlce.
Hut «e are told with a grave
face that a disposition is muni
fvoed to mako this measure per
manent. The states who call them
selves commercial state*, tv hen
compared with the southern stairs,
may emphatically be called man.
ufacturing s'ates. The southern
states arc not manufacturing states,
while the gieat commercial states
ate absolutely the m.umfcaturirg
stages. If this embargo system
were intended to be preeminent,
these commercial stat« s would Ire
benefited by the exchange, to the
injury of the Southern states. It is
impossible, for us to find a market
fur our produce but by foreign
commerce , bt whenever a change
of the kmd alluded to is made,
that change will operate to the
ini rytftuc southern states more
then to .he injury of the commer
cial stales, so called.
Hut another hnrri motive with
which th government is charged
to have be< n actuated, is, that mis
measure wat intended and is calcu
lated to promote the interests of
France, lobesute mute of the
gentlemen have expressly said that
wc are under Trench influence,
but a reason it had to the Expose
of the French minister, and a
deduction thence made that the
embargo was laid at the wish of
Bonaparte. The gentleman from
Connecticut told us of this expose
for this purpose ; and the gentle
man frotu Massachusetts appeared
to notice it with the same view,
Now we are told that there i* no
danger of war, except it he because
ve tuve undersood tlut Bonaparte
has said that tlicte shall be no nett
truh ; and that, if wc repeal tfi.
embargo, wo mav expict that In
wilt m.ikc war on us. And this is
the oiiiv source from vs lienee tin
gentleman e» old see any duiigei
of war. It tins declaration agaotsi
neutrality vine It is attributed to
the Gallic emperor he fie, and v
may be so, his Gallic majesty coulu
not |it >ue a mote direct course
to cH’eet his ow n wishes than t»
dr elate that our embargo bad been
od"P’'d under his inti icttee. And
unless the British minister hao
more political sagaritr than the
gentlemen who offered the evi
dence of the expose in proof of the
charge, it would produce tlie very
end which th*>*e gentlemen wished
to avoid—a war wnit (i. Britain ;
fv»r she would commence the attack
could she behove tins country under
the inllucuce of France. 1 woulu
just as iiiucli believe m the sinceri.
tv of tiiat expose as Mr. Canning's
sincerity when he says that Ilia
majesty would gladly make any
sacrifice to restore to the commerce
of the U. Stan s its wonted activity.
No mao in the nation is sdlv enough
*« be gnjied bv ihese dr-claiatioiis ;
& but, from tfie tnade
B we should be led tc’bit'k o» Iter wise.
were u not fu«- the exercise of ou r
whole stork of tharuy. Now \
cannot belie vc that any mail m ilu a
nation does believe in the sincerity
f Mr. Canning*» cr
hat Bonaparte believes that tin
c ntb irgo was laid to promote h i
uterist. I cuinot believe tha
there is any tualt 10 tins nation win
does candidly and n liously enter
tain such an opinion.
( / o be continued)
Mr. GILE#, from the commit
tee appointed in the Senate, yes
terday reported M A bill mating
further J revision for enforcing the
timburgt)."
Accompanying the bill were the
following letter, to an answer from
the secretary of the Treasury.—-
I he provisions of the biH ate gen
erally correspondent with the re
commendations of the secretary.
Committee Chamber , Aew. 14 1801
Dear Sir — l am instructed by
the Committee appointed to con
sider the several embargo laws,
&c. to request you to lay before
them with as little delay as povsi
ble, such information as yoor Dr
partment affords upon the follow
ing questions.
tint. What measures would
be most effectual in preventing
the violations or evasions of the
st vet at embargo laws ; and enfoi
cing a due observance thereof f
Second. Can any of the incon
venience* of the present system
he remedied by further modifies
tions j & what modifications would
effect that object ?
Be pleased sir, to accept, assu
rances of my high consideration
and regaid.
W. B. GILES,
lion. A theft Gallatin,
Secretary of the Tfeatvry.
Treasury Department,
Aotv moer 24, 1803.
Sir lndisposition has preven
ted an earlier answer to your let
ter of the I4th inst.
For better preventing coasting
vessel* regularly cleared from vi
olating the embargo, two measures
appear necessnry—
-Ist. That the amount of the
bonds should be increased.
2d. That neither capture, ills
tress or any other accident should
be admitted as a plea, or be given
in evidence on trial.
By the first regulation the temp,
tation of going to a foreign port,
in hopes that the profit on the sale
of the cargo will indemnify for the
so feiture of the penalty «will he
done away. By the second, eve
ry expectation of escaping the
payment of the penalty under frau
dulent pretences will he disappoin
ted ; and the power of remitting
the penalties in the few cases ol
unavoidable accident which may
occur, will remain as heretofore,
and as in other casts with the
4
treasury.
As the object of those two regu
lations will be to make the bond a
sufficient and complete security,
they will have a tendency to re
lieve, in a considerable degree,
it e coasting trade from the incon
venience resuhingfrom detentions.
1 he sufficiency of the bond will in
many doubtful cases remove the
necessity of detaining vessels, or
w hat amounts to the same, of in
forming the owners that unless
they reduce th** amount of their
cargoes they will be detained.
1 would also submit the pro
priety of placing under the con-
I troulofthe President, that power
of detention vested in the Codec
tors, bv the act of the 2fth April
last. That subject has been a con
slant source id complaint and dit
t ficulty. [t has been the iniform
(practice from the establishment ol
the government of the U. £i. to
j give positive instructions to the
i collectors respecting the execution
| of the laws, and whicn they were
bound to obey unless a different
construction should be established
by a legal decision. 1 his indeed
was essentially necessary in order
. to secure an uniform construction
1 and execution ot the laws. But
| the pros ision row alluded to makes
> the detention 10 rest on the opini
on of each collector, and this must
necessarily produce a great diver
sity in the manner in which the
1 power should be executed. All
has been done that could bo done
~ ioa>b, iato that evil; and the Pre
sident being authorisicd to decide
on the detention* w hen made, the
opportunity was trlten to inform
the (ollrttott of what in hi* f *p'-
nion should bra pioper cause of
il*-irntion. Tbi» hownr could
be givtn «>r,lv a* cp’nion, and ope
rate as a recommendation, and not
as an ord»*r. Nor does i* appear
practicable to establish uniformity,
and to prevent partiality, and ei
ther laxity or too great severity in
practice, unless the power of pre
scribing general rules in that res
pect by which the Collectors will
be bound to abide, be vested in
the President.
1 am aware that there is ano'her
mode of evasif n by rrgular coast
ing vessels, which will not be pre*
vettted by either of the preceding
provisions* Kither whilst in port,
or on their way down our rivers
and bays, coa>t.ng vessels may re
cicve articles not entered on their
manifest, which they put on board
other vtsseis lying on the coast
for that purpose. *
But it is not perceived that any
legal provision can prevent that
infraction, nor that any other rem"
cdy can be found than the vigi
lance of the officers* Another ge
neral regulation will however be
suggucsted perhaps useful as a per
manent measure, but which would
at all events under existing cir
cumstances, give additional secu
rity for the observance of the laws
and affmdsome relief to our own
seamen ; to WiL a prohibition to
employ anv aliens either as mas
ters or part of the crew of any
coasting vessel*
It is still more difficult to guard
against violations by vessels de
parting without clearance in open
defiance of the laws. Ihe follow,
ing provisions on mature conside
ration appear the most efficient
that can be devised against infrac
tions which it is the more necess
ary to repress as they may be daily
expected to increase and threaten
to prostrate the law and govern*
nunt itself.
Ist. To forbid explessly under
pain of foifoiture (the penalty now
being only rmplitd) the lading of
anv vessel wiihout the permission
of the Collector and witliout the
bond for a coasting voyage being
previously given ; authorising the
collectors to refuse permission un
less the object be that of a lawful
coasting or fishing vovage. The
gieat number of vessels now laden
and in a state to depart shews ibe
necessity of this provision. It there
be cases in which the indulgence
of converting vessels into ware
houses ought to be granted, there
will be no hardship, where the in.
tention is lair, to require a bond
similar to that given fora coast
ing voyage. And the Collectors
should likewise in such cases be
expresdy authorised to take such
«. flicient precautions as will put it
out of the power of such vessels to
sail without warning.
2d. In order to prevent those
fraudulent sales of vessels by
which ostensible owners of no res
ponsibility are substituted to those
from whom penalties might be re
coveted, it is necessary to provide
that those owners of vessels whose
names appear on the register or
license should continue to be repu
ted as such and liable to the pen
alties in case of infraction of the
laws, until the register or license
shall have been actually surrender
ml, and new papers shall have been
regularly granted by th v> 'ollector
to ibe purchaser. Ami in every
such case oi purchase, a sufficient
bond that the embargo shall not be
infringed, to be previously requi
red.
3. The power to seize unusual
deposits now vested in the Collec
tors us district* adjacent to the ter
ritories of foreign nations should,
as was contemplated in the bill pas
sed by the House of representatives,
be extended to alt the districts.—
That tins is an arbitrary power,
which notning but the remitted ef
forts in seme places to evade the
law can possibly jnstity, cannot be
denied, audit should, like that of
detention, he placet! under the con
trol of tiie President, and he exe
cuted on*y in conformity with such
general tuies as be would prescribe,
4. Exclusively of the assistance
which may be derived from Gun.
boats and Irom the armed vessels
of the U. ss. it would be advisable
to authorise the President to add
ten or t« elve cutters to the present
establishment. I*>t sailing vessels
of everv draft of water, and requi
ring only from mo rn lo thirty*!* ft
each are mostly wanted, and woMtl,
for the object contemplated, be as
useful as the largest frigates.
5. It is with regret that the ne
cessity of authorising, on the ap
pii< aiion of tlie Collectors, an im
mediate call of the local physical
force of the country, must also be
stated. Hut such partial acts of
violence as have taken place in
some of the seaports cannot bit pre
vented by the circuitous manner in
which the public force must now
he brought out fn support of th
la\v>. And no doubt ixiststbat the
mass of the citizens, whether tlnn
approve or disapprove of the em
bargo, would, in every port, in
stantaneously suppress any such
outrage, provided they can be call
ed upon to act in a legal manner.
Some oilier provisions appear also
necessary for the purpose of carry
ing the laws more completely into
eiiect along our land frontiers.
i. The exportation of specie
by (and fliould be expressly
prohibited.
a. The power of detaining
deposits should he so ex preyed
as to leave no doubt of the au*
thorily to detain waggons and
other carriages laden and ac
tually on their way to a foreign
territory. Although I cannot
perceive any reason for the dis
tinction, it has been supposed
in one of the diftrids that the
law which authorifed the de
tention of flour, beef or pot
ash deposited in a ware-hot) fe,
did i.ot extend to the calc of
their being deposited in a wag
gon, although evidently on its
way to Canada.
3. The offence now puniffi”
able by law is that of exporta
lion. This is not confumtna.
ted till after the property has
been actually carried beyond
the lines, where, being in a fo
reign jurisdiction; it cannot be
seized : so that forfeiture, which
is the molt efficient penalty, can
never apply to exportations by
land : and no bond being re.
quired as in the case of vessels,
the only remedy is the uncer
tain one of recovering penalties
against apparent offenders who
either ablcond or have no pro
perty. How far it may be prac
ticable to make the ad iff pre
paring the means of exportation
punifhabie 01 to provide lome
other remedy, i. lubmitted to
the committee.
B it it mull also be observed,
that e\ y degree of opposition
to the l< vs, which falls short of
treason, is now with but few
exceptions, an offence undefin
ed and unprovided for by the
laws of the U. States : whence
it follows that luch offences re
main unpunished when the Hate
autho-ities do not interfere.—
The neceffny of defining thole
oHences by law as misdemean
ors and of providing, an ade
quate punifhmcnt appears ob
vious.
I vri!! beg leave here to add
that it dees not appear necessa
ry to continue any longer the
indulgence granted to the Bri
tish merchants to import for the
use of the Indians articles of
which the importation is gen
erally prohibited by law ; as
that privilege is liable to great
abuse and affords just gtound
of diftatisfablion to American
, citizens. Whether it be advifa
[ ble 10 continue the pcrmiifion
given to those Indian traders,
* to export furs and peltry, is a
1 queltion to be decided by poli
tical conliderations.
The last branch of the fub
jed to which 1 wifn at prelent
to call the attention of the com
mittee, relates to tmeirupiions
and certain injuiious proceed
ings attempted under color of
law.
Vexatious suits are brought a
gaiuft Collectors which not only
perplex faithful officer?, but
bnve the effetf of intimidating
othe's, and prevent an energet
ic performance of their duties.
The only provisions which have
occurred to me on that fubjeff
ate to enable the col'eCfors whp|
may be stied, alwavs to remove
thecat»fe before a court of the
United States ; to make a cer
tificate ifTucd by the proper au
thority, that there was reason
able cause of detention, pro
eft them against damages in
cases of detentions, in the fame
manner as is now provided in
case of friz»res ; and to provide
for the late keeping and restor
ing when proper and on fecuri
tv being given the veflels and
properly which may be detain
ed.
2. Attempts have in several
inllances been made to wrefl
from the collegers by writs of
replevin HTued by date courts
or officers property detained
or seized by (aid collectors, or'
which, in anv other manner, is
in their possession in conformity
with some law of the United
States. It is evident that such
attempts, if fuhmuicd to, woult
defeat not only the embargo
hut also the revenue laws of the
United States ; that whenevei
property is by virtue of a lav
of the United States in the pof
fcfiion of a collector, marlhal
or any other of their officers
no process in rem which wil
take the property away, whe
I ther of replevin, attachment 01
any other, can be legally iffuec
by a state authority ; and tha
(he fheriff or other person ex
ecuting the fame, tnult be con
fidered as a mere trefpafler, ant
be refitted accordingly. Bt:
there is no other way at prefen
torefift such illegal process bu
afcluak force. And it appear
neceflary that another remed;
should be afforded, by provid
ing a summary mode of super
fcding any such process throng
ihe interference of the courts Si
judges of the U. S; and b
making it penal for any fherif
or other person, to execute tb
fame, or in any manner to at
tempt to take property whie
by virtue of any law of the L
S. is in the collector’s pofle
fion.
3. In some instances wber
veifels and cargoes libelled so
infractions of the embargo hav
been restored to their owner
on their giving security for th
appraised value, the valuation
have been so low as to reuuc
the forfeiture to an inconfidera
ble sum, thereby defeating alto
gether the law. It is fugged©
that this might be prevented b]
a provision authoiiiing and di<
retting the dill rift judges to fd
aside, on motion of the diftriftj
attorney, such valuations when,
ever in their opinion falling
fliort of the true value.
4. On the fubjeCt of manddi
mus I will only observe that, in
the only instance which has ta,
ken place, the court, supposing
they had jurifdiClion, could not
from the manner in which tb
queition was brought befor
them, have decided otherwif
than they did : but that it is de
firable that the question ofjurif
diftion, as it relates either to tb
courts in whom the powel
ought to be vetted, or to th*
courts to which it lhould extend)
should be precisely defined by
jaw.
I have not in this communi.
cation taken into coufnieration
the technical defefts of the"''' \
ifting embargo laws, becaule
prolecuiions do not fall within
my immediate cognizance, and
I do not feel competent to the
task of pointing out the necessa
ry alterations. Mcaturcs have,