STATE PAPERS. 



657 



penalties miglit be recovered, it is 

 necessary to provide tliat tlioseou-n- 

 ers of vessels whose names appear 

 on the register or licence, should 

 continue to be reputed as such, and 

 liable to the penalties in case of in- 

 fraction of the laws, until the regis- 

 ter or licence shall have been ac- 

 tually surrendered and new papers 

 shall have been regularly granted 

 by the collector to tiie purchaser, 

 and in every such case of purchase, 

 a sufRcient bond that the embargo 

 shall not be infringed, to be previ- 

 ously required. 



3. Thepowertoseizeunqsual de- 

 posits now vested in the collectors 

 of districts adjacent to the territo- 

 ries of forein nations should as 

 well contemplated in the bill passed 

 by tlieHouse of Representatives, be 

 extended to all the districts. That 

 this is an arbitrary power which no- 

 thing but the unremitted efforts in 

 some places to evade the law can 

 publicly justify, cannot be denied ; 

 and it should, like that of detention 

 be placed under the control of the 

 president, and be executed only in 

 conformity with such general rules 

 as he would prescribe. 



4. Exclusively of the assistance 

 which may be derived from gun- 

 boats and from the armed vessels 

 of the United States, it would be 

 advisable to authorise the president 

 to add ten or twelve cutters to the 

 present establishment. Fast sailing 

 vessels of every draft of water, and 

 requiring only from 15 to 30 men 

 each, are mostly wanted, and would, 

 for the object contemplated, be as 

 useful as the largest frigates. 



5. It is with regret that the ne- 

 cessity of authorising, on the appli- 

 cation of the collectors, an imme- 

 diate call of the local physical force 

 of the country, must also be stated. 



Vol. LI. 



But such partial acts of violence as 

 have taken place in some of the sea- 

 ports, cannot be prevented by the 

 circuitous manner in which the pub- 

 lic force must now be brought out 

 in support of the laws. And no 

 doubt exists that the mass of the ci- 

 tizens, whether they approve or dis- 

 approve of the embargo, would in 

 every portinstantaneouslj' suppress 

 any such outrage, they can be called 

 upon to act in a legal manner. 



Someotherprovisions appear also 

 necessary for the purpose of carry- 

 ing the laws more completely into 

 effect along our land frontiers. 



1. The exportation of specie by 

 land should be expressly prohibit- 

 ed. 



2. The power of detaining depo- 

 sits should be so expressed as to 

 leave no doubt of the authority to 

 detain waggons and other carriages 

 laden and actually on their way to 

 a foreign territory. Although I 

 cannot perceive any reason for the 

 distinction, it has been supposed in 

 one of the districts, that the law 

 which authorised the detention of 

 flour, beef, or potash deposited in 

 a warehouse, did not extend to the 

 case of their being deposited in a 

 waggon although evidently on its 

 way to Canada, 



3. The offence now published by 

 law is that of exportation. This is 

 not consummated till after the pro- 

 perty has been actually carried be- 

 yond the lines, where being in a fo- 

 reign jurisdiction, it cannot be seiz- 

 ed : so that forfeiture, which is the 

 most efficient penalty, can never ap- 

 ply to exportations by land; and the 

 bond being required, as in the case 

 ofvesf^els, the only remedy is theun- 

 certain one of recovering penalties 

 against apparent offenders who 

 either absconded or have no pro- 



2 U perty 



