" UDRARV

274775

5 '1 S ni.%\

At a special session of the Gederal Assembly of the State of Connecticut^ held at Hartford^ on the twenty third day of February, A, D, 1809.

RESOLVED by this Assembly, That the conven- ing the General Assembly by his Excellency the Gov- ernor in this great national emergency, is a measure, v^rhich merits the cordial approbation of this Assembly, and which ought to be regarded as an evidence of that parental care and watchfulness over the rights and in- terests of the people of this State, by which his Ex- cellency, during a long period of public usefulness, has been eminently distinguished.

Passed in the Upper House , Test, SAMUEL WYLLYS, Secretary. Concurred in the House of Representatives,

Test, L. LAJF, Clerk,

AJ\ ADDRESS of the General Assembly, to the Peo- ple of Connecticut.^

Fellow Citizens,

NEXT to a sense of conscious rectitude, in the discharge of duty, tlie best reward, which the rulers^ of a free people can have, is the approbation of thdr con- stituents. The Legislature of Connecticut, have gene- rally contented themselves, w^ith a faithful performance of their duty, and reposed, on the virtue and intelligence of an enlightened people, duly to appreciate their mea- sures.

Called together at an unusual time, to consider mat- tei's, not only unusual, but unprecedented, ai.d of an'' alamiing nature, and liaving felt themselves constrai. ed by their love of liberty, by the principles of our free government, by iheir sacred regard to the constitviT tional union of the states, and by their duty, to tKem- selves, to you, and to posterity, to declare, that in their opinion, the Congress of the United- States, have estab- lished a system of measures, in regard to foreign com- merce, which contains provisions, oppressive, arbitra- ry, and unconstitutional ; and which encroach upon

** the rights reserved to the states respectively, and the people ; " this assembly have deemed it expedient, to explain to their constituents, the motives and course of their proceedings.

The communications made to this assembly, by his Excellency the Governor, at the commencement of the session, will explain to you, the causes of our beings convened. His conduct, in this respect, has been ap- proved by a greater unanimity of sentiment, than has been expressed in the councils of the state, for man}^ years, on any subject regarding the affairs of the Gene- ral Government : and we confidently trust, will ap- prove itself, to every citizen of the state ; to every lov- er of genuine constitutional liberty.

Look, fellow citizens, at the communications, which have been made to this assembly read them with cai'c examine them, not with a jealousy, which is exces- sive ; but with all that candor, and love of order, for which you are justly characterized ; with all that reve- rence for the Constitution of the United States, and their constituted authorities which they deserve ; with all that affectionate attachment to your sister states, and your union with them, which you are known to feel ; but read them, remembering that you ^vt freemen^ and ask yourselves, if they do not justify our proceedings? if they do not fully justify the resolutions, passed by this assembly, in regard to the system of measures, lately adopted and pursued by Congress ? Ask yourselves, if' we should have been worthy to represent a free people ; if we should not have basely abandoned your rights, if we had done less ? asid if a prudent reg ard to all those considerations, which influence you, ought not to have restrained us ii om doing more ?

Without cal'inj^ yoiu' attention more minutely, to act of the United States, under which you have, so 'Hiong and so patiently suffered, called the Embargo act, and the acts supplementary thereto ; and without stop- ping-to enquire how a power to regulate commerce, gives or implies a power to annihilate it jwe ask you to read, in the spidt before recommended, the act '' enti- tled an act to enforce, and make more eiFectual " an act entitled an act laying an embargo on all ships and vessels m the ports and harbours of the United Spates, and the

several acts supplementary thereto.'' Do you revere the conjiuutioii oi the United States, and wish to preserve it in^'iolate ? Read this act, and ask yourselves, ifmany of the provisions contained in the sacred charter of your rights, have not been violated? We forbear to enume- rate abuses of power, which on ay?/// view of this act, be- come of minor importance. Does your Constitution se- cure to you the right of having your conduct regulated and judged by known laws ? Read the second section of that act, and ask yourselves, if presidential instructions are not substituted in their place ? Does the Constitu- tion secure to you the operation of equal, uniform^ and general laws ? Ask yourselves, if the same section does not authorize the exercise of powxr, in a partial manner if the suspicions, real or pretended, of a jeal- ous collector, may not allow to one, w^hat, under pre- cisely similar circumstances, may be withheld from another ? Ask yourselves, if the same and succeeding sections, connected with the system, which they are de- signed to enforce, have not constituted the President of the United States a conservator, over your persons and property, with the power of appointing a host of depu- ties, and subordinate agents, to cany into effect his edicts, in a time of peace, at the point of the bayonet ! Does the Constitution protect you from the imposition of excessive lines, and forfeitures ? Does it protect you, your houses and effects, from unreasonable sei- :zures and searches ? Does it require that warrants shall not issue, but upon probable cause, supported by oath or affirmation, particularly describing, the place to be searched, and the persons and things to be seized ? Read the ninth section of this act, and ask yourselves, if these barriers of the Constitution, are not prostrated? Does your Constitution protect you, from the operation of laws making an act, criminal, which at the time it was done, or committed, was innocent ? Read the seventh section, and ask yourselves, if it does not apply to all bonds, which liad been, or should thereafter be giv- en ; if it does not subject persons to forfeitures, for not complying with provi:iions, not in existence, at the time pf facts 4one ? Does your Constitution guarantee to you, the sacred trial by jury, before upright judges, and by known laws, and rules of evidence ? Read the

seventh, tenth and twelfth sections of this act, and en- quire, anxsiously enquire, whether you are not sent to a single judge to petition to be heard, and reheved from the oppressions of this act ; there to expose yourselves, to treble cost, if you fail of success ? or whether when prosecuted in the courts of law, you are not prohibited the right of submitting to your peers, the w^eight of evi- dence ? Is this the trial by jury, secured to you, by the Constitution ? when it is to be had under such circum- stances, as almost to preclude the possibility of success? Does your Constitution protect you against the execu- tion of laws, at the point of the bayonet, in the first in- stance, without the interference of, or application to the civil power ? Read the eleventh section of this act, and determine if such a power is not claimed and Con- ferred. Read with all the attention, which its import- ance demands, the letter of the Secretary for the De- partment of War, to the Chief Magistrate of this State, endeavouring to obtain his assistance and co-ope- ration, in the exercise of so " serious a power.'^ If you are content, that such enormous power should be ex- ercised, make the enquiry, why, contrary to all military usage, a particular class of officers, described by the ex- pression " of known respect for the laws,'''* embargo law^s, are called for ?- To do what ? To enforce, at the point of the bayonet, by order of a collector, his sus- icions ! Suspicions of what \ Not that you are violat- ing the revenue laws importing or exporting articles, whereon duties are payable but suspicious, that your property is in some manner apparently on its way to- wards the territories of a foreign nation, or the vicinity thereof Astonishing powers, to be exercised by any one ! more astonishing to be confided to a collector of customs !

On the subject of this embargo system, the sense of this Legislature has heretofore been expressed, in the hope, that it would speedily be removed. But the most solemn declarations, the most urgent petitions, not only from some of the good people of this State, but from all those parts of the United States, most affected by the embargo, have been neglected, or answered, on- ly by enacting other acts, tenfold more grievous to be borne.

On thes« grounds, and with this view of the evils, which have been so patiently endured, the members of this General Assembly, chosen for a short period, from the midst of you, having solemnly engaged to support the constitution of the United States, considering, that, by that constitution, the powers " not delegated to the United States, are reserved to the States respectively, or to the people ;'' and being constituted by your suf- frages the guardians of those rights, have solemnly de- clared, that the acts aforesaid " do contain provisions for exercising arbitrary powers, grievous to the good people of this state, dangerous to their common liber- ties, incompatible with the constitution of the United States, and encroachiug upon the immunities of this State.'' They have also, as a measure, necessarily re- sulting from this declaration, approved the conduct of his Excellency the Governor, in his correspondence with the Secretary for the department of War ; and decided, that in such a crisis of affairs, it is tlie right, and has become the duty of the legislative and execu- tive authorities in the State, to withhold their aid and co-operation, from the execution of the act, passed to enforce more effectually the embargo system. These proceedings of this Assembly, will not furnish motives or encouragement, to disorders, or a violent opposition to any act of the United States. Such conduct would unhappily defeat, or retard the object in view ; a redress of grievances. While it is the duty of the Legislature to guard the sovereignty of the State, and your rights from encroachment ; it continues to be your interest, and duty, as peaceable citizens, to abstain from all re- sistance, against acts, which purport to be laws of the United States. Be advised to seek none but constitu- tional relief. Your character, for steady and firm, but peaceable and orderly conduct, is a sure pledge, that you will pursue this course. Apprized that your rights- are invaded, we trust you will vigorously maintain them. Only remember, what lias heretofore, on a great occasion, been taught you, " that the cause of liberty is a cause of too much dignity, to be sullied, by turbulence, and tumult. It ought to be maintained, in a manner, suitable to its nature. Those who en- «^age in it, should breathe a sedate, yet fervent spirit ;

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Jinimating iheru lo aclioiis of prudence, jiibtice, inodes- ty, bravery, humanity, and magnanimity." " That intemperate, rash, disorderly proceedings, injure the reputation of a people, as to wisdom, valour and virtue, without procuring them the least benefit." Remem- ber also, " that we cannot be happy, without being free that we cannot be free, wdthout being secure in our property we cannot be secure in our property, if, without our consent, others may, as by right, take it away." To obtain security, courts of justice are open to you ; and to iheir decisions you may appeal, and must submit. Let it also be rembered, that you will, in a short time, be again called upon to elect another legislature, and that a legislature of your choice will never, without your consent, abandon or betray your rights. The period of their meeting is fast approach- ing ; it will, we trust, be a period favorable for consid- ering what further measures, may be necessary to ob- tain redress, for the wrongs, w^hich we suffer : as also to guard, more effectually, against a future or further encroachment on our rights ; and we ardently pray the Great Disposer of events, that the evils which we now suffer, and the principles, w^hich have been assumed to inflict them, may not be followed by national evils of still greater magnitude. We forbear to express the imminent danger, to which we fear, not only our con- stitutional rights, but thcise of all the people of the Uni- ted States, are exposed from ^vithin and w ithout. May heaven avert the danger, and preserve to us, our privi- leges, civil and religious. And may that God, Vv ho has had us in his holy keeping, and brought us hitherto, be our shield and protection, and enable us to transmit, unimpaired to posterity, that fair inheritance of freedom, which, by his blessing, upOii wisdom and valour, has been transmitted to us.

General Assembly^ special session, February, 1S09. JOIIN COTTON SMITH, Speaker a ft he House of Bepresenfatives, JONATHAN TRUMBULL, Gmwrnor.

Attest, Samuel Wyllys, Secretary.

At a special session of the General Assembly of the State

of Connecticut, held at Hartford, on the twenty third

day of February, A, D. 1809.

THIS Assembly have attended with anxious con- cern, to the several acts of Congress interdicting foreign commerce, and more especially to an act, approved on tlie 9th day of January last, by the President of the United States, under tlie title of " An Act, to enforce imd make more eifectual an act laying an embargo on all ships and vessels in the ports and harbors of the Uni- ted States,"

After solemn deliberation and advisement thereon, the General Assembly are decided in the opinion, and do Resolve, that the acts aforesaid are a permanent sys- tem of measures, abandoning undeniable rights ; inter- dicting the exercise of constitutional privileges, and un- precedented in the imnals of nations ; and do contain provisions for exercising arbitrary powers, grievous to the good people of this State, dangerous to their com- mon liberties, incompatible with the constitution of the United States, and encroaching upon the immunities of this State.

Resolved, That to preserve the Union, and support the Constitution of the United States, it becomes the duty of the legislatures of the states, in such a crisis of affairs, vigilantly to watch over, and vigorously to maintain, the powers not delegaled to the United States, but reserved to the states respectively, or to the people ; and that a due regard to this duty, v\ ill not permit thi:> Assembly to assist, or concur in giving effect to the a- foresaid unconstitutional act, passed, to enforce the Em- bargo. *

Resolved, That this Assembly highly approve of the conduct of his Excellency the Governor, in declining to designate persons to carr}- into effect, by the aid of military power, the act of the United States, enforcing the Embargo, and that his letter addressed to the Sec- retary for thedepartment of War, containing his refusal, to make such designation, be recorded in the public re- cords of this Stat€, as an example to persons, who may hold places of distinguished trust, in this free and inde- pendant republic.

Resolved, That the persons holding executive offices u:idw:r tlds Slate, arc rcstridncd bvt:.ccut:v- \.:.i ::.-.:-' r

8 owe this state, from affording any official aid or co-ope- ration in the execution of the act aforesaid ; and that his Excellency the Goveniour be requested, as com- mander in chief of the military force of this state, to cause these resolutions to be published in general or- ders : And that the secretary of this state be and he is hereby directed to transmit copies of the same to the several sheriffs and town clerks.

Resolved J That his Excellency the Governour, be requested to communicate the foregoing resolutions to the President of the United States, with an assurance that this Assembly regret that they are thus obliged un- der a sense of paramount public duty, to assert the un- questionable right of this State to abstain from any agency in the execution of measures, which are uncon- stitutional and despotic.

Resolved, That this Assembly accord in sentiment, with the Senate and House of Representatives, of the commonwealth of Massachusetts, that it is expedient to effect certain alterations in the Constitution of the Uni- ted States ; an^ will zealously co-operate with that Com- m.onwealth and any other of the States, in all legal and constitutional measures for procuring such amendments to the Constitution of the United States as shall be judged necessary to obtain more effectual protection and defence for commerce ; and to give to the commercial states their fair and just consideration in the union, and for aflbrding permanent security, as well as present re- lief, from the oppressive measures, under Vv hich they now suffer.

Resolved, That his Excellency the Governour be re- quested to transmit copies of the foregoing resolution to the President of the Senate, and Speaker of the House of Representatives, in the Common wealtli of Massa- chusetts, and to the Legislatures of such of our sister States, as manifest a disposition to concur, in restoring to conmierce its former activity, and preventing the re- petition of measures which have a tendenc}-, not only to destroy it, but to dissolve tlie union, which ought to be inviolate,

General Jhsemhly, stecial session, Fehrimry, 1809. ' JOHN COTTON SMITH, Speakiv of the Rouse of Representatives. JONATHAN TRUMBULL, Governor J

4. ttes t , Samuel W y l l vs. S ecretarv^ .

An Act to enforce, and make more efFectual, an Act, entitled, '' An Act laying an Embargo on all ships and vessels, in the ports and harbours of the United States," and the several acts supplementary thereto.

o, - "Yyi^ it enactcdhif the Senate and House of Represent' JLJ atives of the United States of Anierica^ in Con- gress assembled^ That if any person or persons shall put, place, or load on board any ship, vessel, boat or water craft, or into any cart, waggon, sled, or other carriage or vehicle, with or without wheels, any specie, goods, wares or merchandize with intent to export, transport or convey the same without the United States, or the territories thereof, to any foreign place, kingdom or country, or with intent to convey the same on board any foreign ship or vessel, within or without the limits of the United States, or with the intent in any other manner to evade the acts to which this act is a supplement, all such spe- cie, goods, wares and merchandize, and also the ship, vessel, boat, water craft, cart, waggon, sled, or other carriage or vehi- cle, on board, or in which the same may be so pat, placed, or loaded as aforesaid, shall be forfeited, and the person or per- sons so putting, placing or loading the same as aforesaid, and also the aiders and abettors therein, shall upon conviction, be adjudged guilty of a high misdemeanor, and fined a sum by the court before which the conviction is had, equal to four times the value of such specie, goods, wares and merchandize. Pro- vided however^ That this section shall not be construecj to ex- tend to any person or persons, not being the owner orov.ners of such specie, goods, wares or merchandize, who shall first inform and make complaint to the collector of the district of any such offence committed within the same district ; and any informer or informers not being the owner or owners as afore- said, upon conviction of the oifenders, shall be entitled to oile half of the fine aforesaid, when the same shall be received by the United States, and shall be entitled to a certificate for that purpose from the court before whom the conviction shall be had. *

Sfx. 2. And be it further enacted^ That it shall not be lawful to put on board ainy ship, vessel or boat of any descripiloa whatever any specie or ^oods, wares or merchandize, citbcr of domestic or foreign growth, produce or manufactu}"e, I'lul the same is hereby prohibited unless a permit particuiany sia- ting the articles thus to be laden shall have been previously ob- tained from the collector of the district in which such ship, vesTivl, or boftt may then be, or from u revenue oificer espec-nl-

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iy uiuhorized by the collector to grant such permits ; nor un- less the hiding shall be made under the inspection of the proper revenue officers, nor unless the owner or owners, consignee or factor of such ship, vessel or boat, shall, with the master, have given bond with one or more sureties to the United States in a sum six times the value of the vessel and cargo, that the ves- sel shall not leave the port without a clearance, nor shall, when leaving the port ])roceed to a foreign port or place, nor shall put any article on hoard of any other vessel ; and that the whole cargo shall be relanded either in the port where the ves- sel may then i)e, or in such other port of the United States as shall be designated in the clearance. And it shall be lawful for the collectors of the customs to refuse permission to put any cargo on board any such ship, vessel or boat, whenever in their opinion there is an intention to violate the embargo, or when- ever they shall have received instructions to that effect by di- rection of the President of the United States : Provided^ That nothing contained in this section shall be construed to extend to any ship, vessel, or boat uniformly employed in the naviga- tion only of bays, sounds, rivers and lakes, within the jurisdic- tion of the United States, which shall have obtained a general permission, agreeably to the provisions in the 4th section of this act.

Sec. 3. And be it further enacted^ That the owner or own- ers, consignee or factor, of any ship, vessel or boat, as descri- bed in the preceding section, which may, at the time when no- tice of this act shall be received at the several custom houses respectively, be laden in whole or in part, shall, on notice given by the collector, either disciiarge such cargo or give bond for the same, in the manntr and on the conditions mentioned in the preceding section : and ii the cargo shall not be discharged •vvithinten days or the bond given within three days after such notice, the ship, vcs:k-I or Ijoat and cargo shall be wholly for- uiled. But the collectors are hereby authorised to order or to cause the cargoes, of such vessels to be discharged for the r.ninr causes as they may refuse permission to put any cargo on * o;ird of vessels not yet laden in whole or in part. And they wise authorised in the meanwhile, and until the cargoes

,,,. uve been discharged, or bonds given, as the case may

be, to take possession of sush vessels, and to take such other measures as may be necessary to prevent their departure.

Sec. 4. And be it further enacted^ That the collectors of the customs be and they are hereby authorised to grant, under such general instructions as the President of the United States may ^ive to that effect, a general permission to ships, vessels or boats whose employment has uniformly been confined to the naviga- tion of bays, sounds, ri^ ers, or lakes within the jurisdiction of

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Xhe United States, when it can be done without danger of th($ ^embargo being violated, to take on board at any tiinf such ar- ticles of domestic or foreign growth as may be designated in such jreneral permission or permissions, bond with one or more sm-etics being previously given to the United states by the owner, owners, consignee or factoi-s of such ship, vessel, or boat, and bv the master thereof, in an amount equal to three hundred dollars for each ton of the said vessel, that such vessel shall not, during the time limited in the condition of the bond, depart from any district of the United States without havino- previously obtained a clearance, nor until the master or com- mander shall have delivered to the collector, or surveyor of the port of departure a manifest of the whole cargo on board, that the said vessel shall not during the time above mentioned, proceed to any other port than that mentioned in her clear- ance, or put any article on board of any other vessel, or be em- ployed in any foreign trade ; and that on every voyage or trip the whole of the cargo shall be landed in a port of the United States within the bay, sound, rivers, or lakes to which the navigation of such vessel is confined.

Sfx. o' And he itfurter enacted^ That if any ship, vessel, or boat, not having received a general permission, and a gene- ral bond nothaving been first given in the manner provided for in the next preceeding section, shall take on board an} spe- cie, or any goods, wares, or merchandize, either of forrign or domestic growth, produce or manufacture, contrar} to tht pro- visions of the second section of this act, such ship, vessel, or boat, together with the specie and goods, wares or merclian- dize, shall be wholly forfeited; and the owner or owners, agent, freighter, or factors, master or commandei- of such ship, vessel, or boat, shall moreover severally forfeit and pay a sum equal to the value of the ship, vessel, or boat, and of the car- go put on board the same.

Sec. 6. And be H further enacted^ That the person or \k^'-' sons whose names do or may apper as owner or owners of any ship or vessel, either on the certificate of registry, enrollment, or licence of any such ship or vessel, or if neither registered or licenced, on the last clearance or custom house document issued before the passing of this act for such ship or vessel, shall be reputed as the true owner or owners of such ship or vessel, and be liable to the payment of all penalties which may be incurred by the owners of such ship or vessel, by reason of any violation of any of the provisions of this act, or of the act laying an embargo on allships and vessels in the ports and hrr- bors of the United States, orofany of the acts supplementary thereto by such ship or vessel : Provided ahvays^ That noth ing in this section contained, shall be construed to release any other person or persons from the payment of any penalty incur-

IS

red by virtue of any of the acts aforesaid. And in case of any new register or licence being granted during tlie continu- ance of the said acts, or in case of the sale of any ship or vessel neither fegistered or licenced, a bond with one or more sure- ties to the United States shall, previous to the granting any such new register or licence, or to recognize the sale of such vessel not registered or licenced, be required by the collector in an amount equal to three hundred dollars for each ton of such ship or vessel, that such ship or vessl shall not, during the continuance of the acts laying an embargo on all ships and vessels in the ports and harbors of the United States, contra- vene or infringe any of the provisionsof the said acts: Provi- vided^ That nothing herein contained, shall be construed to ex- tend to the owner or owners of any ship or vessel, who shall have made a bona fide sale of such ship or vessel, in any port or harbor of the United States, before notice of this act, at suchportor harbor, respectively : nor to the owner or owners of any ship or vessel, in any foreign port or place, who shall have made a bona fide sale thereof, before notice of this act ; And provided aho^ That such bond shall not release the owners and master of such ship or vessel, or any other person from the obligation of giving every other bond required by this act or by any of the acts aforesaid.

Sec . 7. Ai}d bs it further enacted^ lliat in all cases where either* under this act, or under the act laying an embargo on all ships or vessels in the ports and harbors of the United States, •or under any of the acts supplementary thereto, a bond has been or shall be given to the United States with condition that certain goods, wares and merchandize or the cargo of a vessel shall be relanded in some port of the United States, the party or parties to such bond, shall within two months after the date of the same, (unless in the? case of a voyage from New-Or- ieans to an Atlantic port, or from an Atlantic port to New-Or- leans, in either of which cases, four months shall as heretofore be allowed) produce to the collector of the port from which the vessel had been cleared with such goods, wares, merchandize or cargo, a certificate of the relanding of the sanie, from the collector of the proper port; on failure whereof, the bond shall be put in suit ; and in every such suit, as well as in every suit instituted on a bond given for a voyage from or to New-Or- ieans, Judgment sliali be given against the defejidant or defend- ants, unless proof shall be given of such relanding, or of loss of the vessel at sea. But neither capture, distress, or any oth- er accident v/hate\ er shall be pleaded or given in evidence in any such suit ; Unless such capture shall be expressly proved to have been hostile, and such distress or accident occasioned bv no negligence or deviation, nor unless such vessel shall have been from the comnicnceraent of the voNase wholly nUvigat-

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td by a master, mate or mates, mariners and crew, all of whom- shall be citizens of the United States nor unless such mate or mates, mariners and crew, shall all if living (and the proof of their death shall He on the defendant) be produced on the trial, a«id sworn as competent witijesses, nor unless such master, mate or mates, mariners and crew, shall havje signed a ship- ping paper in due form of law, and a copy thereof designated specially the master, mate or mates, mariners and crew, and their permanent places of residence, shall have been lodged with the collector of the port, to v;ham tht bond aforesaid shall have been given, before the comm::incementof the voyage, and subscribed and sworn to by the master before such collector, and any master who shall falsely, wilfully, and corruptly swear as to the facts contained in sucli copy, shall on conviction, suffer the pains and penalties of perjury. And in every suit institu- ted on a bond given as aforesaid, the defendants shall pay all costs, if they shall not within the limited time have produced the certificate of relanding lo the collectors of the proper port.

Sec. 8. And be it further eimcted^ That no registered or sea letter vessel, although in ballast shall receive a clearance, or be permitted to depart from any |x)rt of tl>e United States unless die same bond shall have been ]>reviously given which is re- quired from vessels licenced for the coasting trade, before they are allowed to depart. And if any such ship or vessel shall depart without bond liaving been given as aforesaid, the said ship or vessel shall be forfeited ; and the owner, owners, agent, consignee, factor, and master or commander of such ship or vessel, as well as any other person concerned in such prohibited departure, shall be liable to the same penalties im- posed by law in the case of vessels licensed for the coasting- trade departing without bond having been given, or without clearance as aforesaid.

Sec. 9. And he it further enacted^ That the collectors of al! the districts of the United States shall, and they are hereby au- thorised to take into their custody specie or any articles of do- mestic growth, produce or manufacture, found on board of an v ships or vessel, boat or other water craft, when there is reason, to believe that they are intended for exportation, or when in vessels, carts, waggons, sleighs, or any other carriage, or in any manner apparently on their way towards the territories of a foreign nation, or the vicinity thereof, or towards a place whence such articles are intended to be exported ; and not to permit such articles to be removed untij bond with sufficient sureties shall have been given for the Ij^nding or delivery of the same in some place of the United States whence in the opinion of the collector there shall not be any danger of such articles being exported.

Sec. 10. And be it further enciKhd^ That the powers given

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to the collectors, either by this or any other act respecting the embargo, to refuse permission to put any cargo on board any vessel, boat, or other water craft, to detain any vessel, or to take into their custody any articles for the purpose of pre- venting violations of the ennbargo, shall be exercised in con- formity with such instructions as the president may giv'e, and such general rules as he may prescribe for the purpose, made in pursuance of the powers aforesaid : which instructions and general rules the collectors shall be bound to obey : And if any action or suit l)e brought against any collector or other person acting under the directions of and in pursuance of this act, he may plead the general issue, and give this act and the instruc- tions ?nd regulations of the president in evidence for his jus- tification and defence. And any person aggrieved by the acts of any collector in either of the cases aforesaid may file his petition l)eibre the district court of the district wherein the collector resides, stating the facts of his case, and thereupon, after due notice given to the district attorney and the collector, the said court may summarily hear and adjudge thereupon as law ^nd justice may require, and the judgment of said court, arr ' the reason and facts whereon it is grounded, shall be filed among the records of said court; and if restoration of the property detained or taken in custody, or permission to load a^ aforesaid, shall be decreed it shall be upon the party's giving such bond with sureties as is or shall be required to be taken in similar cases Iw the collector, and not otherwise ; but if the said court shall adjudge against such petition, the collec- tor shall be entitled to treble costs, which shall be taxed for him, and execution awarded accordingly by the court.

?"fc. ll. And he it further enacted^ That it shall be lawful for the presirlent of th«- LL States, or such other person as he sli. !i have rntpowere ' for ihat purpose, to emplo}' such part of the land or naval forces or militia ot the United States, or of the territories thereof as may be judged nccessar) , in con- foVmity with the provisions of this and other acts respecting the embargo for the purpose of preventing the illegal dej)at- ture of any ship or vessel, or of detaining, taking possession of. and keeping in custody any .sli'p or vessel, or of taking into custody and guarding anv specie or articles of domestic growth, produce, or manufacture, and also for the purpose of preventing and suppressing any armed or riotous assemblage of persons resistii.g he custon^-house officers in the exercise of their duties, or in onv manner opposing tlie execution of the laws laying an em'- o'go, or otherwise violating, or assist- ing and abetting ^iolatio-iS of the same.

Sec. 12. And he it further enacted^ That all penalties and forfeitures incurred by force of this act, unless herein before otherwise directed j and all penalties and forfeitures incurred

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by force of the act, entitled " An act laying an embargo ojfi all ships and vessels in the ports and harbours of the United States" or by virtue of the several acts supplementary thereto, may be prosecuted, sued for, and recovered by action of debt, or by indictment or information, any law, usage or custom to the contrary notwithstanding ; and if recovered in conse- quence of any seizure made by the commander of anv public armed vessel of the United States, shall be distiibuted accor- ding to the rules prescribed by the act, entided '* An act for the government of the navy of the United States," atd if other- wise, shall be distributed, and accounted for In the manner pre- scribed by the act, entitled " An act to regulate the collection of duties on imports and tonnage," passed the second day of March, one thousand seven hundred and ninety-nine, and may be mitigated or remitted in the manner prescribed by the act» entitled " An act to provide for mitigating or remitting forfei-, tures, penalties, and disabilities accruing in certain cases there- in mentioned," passed the third day of March, one thousand seven hundred and ninety-seven, and made perpetual by an act passed the eleventh of February, one thousand eight hundred, and any officer or other person entitled to a part or share of any ofthe fines, penalties or forfeitures, aforesaid, may, if necessary be a witness on the trial therefor, but in such case he shall not receive any part or share of the said fine, penalty or forfeit- ure, but the part or share to which he would otherwise be enti- tled shall revert to the United States.

Sec. 13. And be it further enacted^ That the President ofthe United States be and he hereby is authorised to hire, ann aad employ thirty vessels, not exceeding in tonnage one hundred and thirty tons each, belonging to citizens of the United States and so many seamen as shall be necessary to man the same for immediate service, in enforcing the laws ofthe United States on the sea coast thereof, and to dismiss the same from service whenever he shall deem the same expedient. Provided hcnv- ever^ That such hiring, arming and employment shall not be for a term exceeding one year. And the said ships or vessels when so hired and armed, shall be employed unde|r the direc- tion of the Secretary of the Treasury.

Sec. 14. Andbe it further enacted^ That the powers given to the President of the United States by the seventh section of the act of Match tlie 12th, one thousand eight hundred and eight, to grant permission to citizens having property of value in places without the jurisdiction ofthe United States, to dis- patch vessels for the same, shall henceforth cease.

Sec. 15. And be it further enacted^ That this act shall be in force from and after the passing thereof, during the continuance

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of the act, entitled " An act laying an embargo on all ships and vessels in the ports and harbors of the United States,V ancl no longer,

J. B. VARNUM Speaker of the House ofRepresentatvoes^

GEORGE CLINTON,

Vtce-Pres'ident of the Uniied States and President of the Senate.

Approved, TH : JEFFERSON.

January 9: 1809.

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