Mirror of the times. (Augusta [Ga.]) 1808-1814, December 26, 1808, Image 2

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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,