656 



ANNUAL REGISTER, 1809. 



lectors respecting the execution of 

 the laws, and which they were bound 

 to obey, unless a different construc- 

 tion should be established by a legal 

 decision. This indeed was essen- 

 tially necessary, in order to secure 

 an uniform construction and execu- 

 tion of the laws. But the provision 

 now alluded to makes the detention 

 to rest on the opinion of each col- 

 lector, and this must necessarily pro- 

 duce a great diversity in the manner 

 in which the power should be exe- 

 cuted. All has been done that can 

 be done to obviate that evil ; and 

 the president being authorized to 

 decideonthedetentions when made, 

 the opportunity was taken to inform 

 the collectors of what in his opi- 

 nion should be a proper cause of 

 detention. This however could be 

 given only as opinion, and operate 

 as a recommendation, and not as an 

 order. Nor does it appear practica- 

 ble to establish uniformity, and to 

 prevent partiality, and either laxity 

 or too greatseverity in practice, un- 

 less the power of prescribing gene- 

 ral rules in that respect by which 

 the collectors will be bound to 

 abide, be vested in the president. 



I am aware that there is another 

 mode of evasion, by regular coasting 

 vessels, which will not be prevented 

 by either of the preceding provi- 

 sions. Either whilst in port or on 

 their way down our rivers and bays, 

 coasting vessels may receive articles 

 not entered on their manifest, which 

 they put on board other vessels ly- 

 ing off the coast for that purpose. 



But it is not perceived that any 

 legal provision can prevent that in- 

 fraction, nor that any other remedy 

 can be found than the vigilance of 

 the officers. Another general regu- 

 lation will, however, be suggested 

 perhaps useful as a permanent mea- 



sure, but which would at all events, 

 under existing circumstances, give 

 additional security for the observ- 

 ance of the laws, and afford some 

 relief to our own seamen ; to wit, a 

 prohibition to employ any aliens 

 either as masters or part of the crew 

 of any coasting vessel. 



It is still more difficult to guard 

 against violations by vessels depart- 

 ing without clearance, in open defi- 

 ance of the laws. The following 

 provisions, on mature consideration, 

 appear the most efficient that can 

 be devised against infractions, which 

 it is the more necessary to repress,as 

 they may be daily expected to in- 

 crease, and threaten to prostrate the 

 law and government itself. 



1st. To forbid expressly under 

 pain of forfeiture (the penalty now 

 being only implied) the lading of 

 any vessel without the permission of 

 the collector, and without the bond 

 for a coasting voyage being previous- 

 ly given; — authorizing the collec- 

 tors to refuse permission, unless the 

 object be that of a lawful coasting 

 or fishing voyage. The great num- 

 ber of vessels now laden and in a 

 state of readiness to depart, shows 

 the necessity of this provision. If 

 there be cases in which the indul- 

 gences of converting vessels into 

 warehouses ought to be granted, 

 there will be no hardship, where the 

 intention is fair, to require a bond 

 similar to that given for a coast- 

 ing voj'age. And the collectors 

 should likewise in such cases be ex- 

 pressly authorized to take such 

 efficient precautions as will put it 

 out of the power of such vessels to 

 sail without warning. 



2. In order to prevent those frau- 

 dulent sales of vessels by which os- 

 tensible owners of no responsibility 

 are substituted to those from whom 



penalties 



