248 
a deduction of only 3% per cent, 
which is retained for the govern- 
ment, The bonds lie unissued in 
the custody of the revenue oflicers ; 
while the debentures are an assign 
able and transferable security, ca- 
pable of being recovered by a sum~ 
mary process ; aud should the im- 
porter fail, enjoyitg a priority be- 
fore all private demands. ‘The re- 
sult of the who'e operation, there- 
fore, is, that the government lends 
to the private credit of the merchant 
the character of a public security, 
for his bonds deposited at the 
custom-house, and receives 32 per 
cent. on the amount of these bonds 
in return for the accommodation 
which it affords, But excellently 
as this system is adopted to the pre- 
sent situition of America, it de- 
stroys entirely as evidence of a bona 
jide importation, the proof of the 
duties having been paid or secured 
in the United States according to 
law; for the law of the United 
States does not require, that the 
duties should be paid in the first 
instance, and though secured by 
bonds, these bonds, with the tri- 
fling deduction of 35 per cent, are 
retired, not by payments in money, 
but by producing the correspond. 
ing debentures, which in the mean 
time have been negotiated and con- 
verted into money. Our courts, 
therefore, acted in perfect consis- 
tence with the principle of their 
former decisions, when, these facts 
being made known to them, they 
refused any longer to. admit the 
payment of duties in America as a 
proof of a bona fide importation. 
But, on the other hand, the mer- 
chants of America, who»without 
looking to the legal grounds of our 
former decisions, had trusted. to 
9 c! 
~ 
ANNUAL REGISTER, 18306. * 
lord Hawkesbury’s communication, 
informing their government, that 
*¢ landing the goods and paying the 
duties legalized the trade,”’ and had 
in consequence embarked _ their 
capital in a commerce, which they 
were taught from such high autho- 
rity to consider as a legal and per- 
mitted trade, when they saw their 
vessels captured by our cruizers 
without any previous warning, and 
brought into our ports for adjudica- 
tion, naturally complained of the 
violence and inconsistency of our 
conduct, and accused us loudly of 
robbery and injustice. Meetings 
took place in all the principal com- 
mercial cities of America; declara- 
tions and resolutions were voted ; 
and petilions and remonstrances 
addressed to the president and legis~ 
lature. Congress, as was natural, 
caught the flame, with which it 
was surrounded, and after several 
injudicious, and inflammatory re- 
solutions, passed a non-importation 
act against the manufactures of Great 
Britain, * to take effect on the 15th 
of next November, In the mean time 
the commissioners sent to negotiate 
with Great Britain, were instructed 
to obtain from her government some 
clear and precise rule for regulat- 
ing their trade with the colonies of 
the enemy, not liable to be changed 
by orders of council or instructions 
to cruizers, and not exposed to the 
uncertainty of determinations re- 
specting the intention of parties. 
The third ground of complaint 
on the part of the Americans was 
of infinitely less importance than 
the others, and their demand to have 
their maritime jurisdiction defined 
and respected, was so just and 
reasonable, that no objection could 
be made to it. An unfortunate 
April 18th. 
accident, 
