658 



ANNUAL REGISTER, 1809. 



perty. How far it may be practica- 

 ble to make the act of preparing tiie 

 means of exportation punishable, or 

 provide some otiier remedy, is sub- 

 mitted to the committee. 



But it must also be observed, that 

 every degree of opposition to the 

 Jaws, which falls short of treason, is 

 now with but few exceptions, an of- 

 fence undefined and unprovided for 

 by the Jaws of the United States. — 

 Whence it follows that such offences 

 remain unpunished when the state 

 authorities do not interfere. The 

 necessity of defining those offences 

 by law as misdemeanors, and of pro- 

 viding an adequate punishment, ap- 

 pears obvious. 



I will beg leave here to add that 

 it does not appear necessary to con- 

 tinue any longer the indulgence 

 granted to tiie British merchants to 

 import for the use of the Indians ar- 

 ticles of whieh the importation is 

 generally proliibilcd by law, as that 

 privilege is liable to great abuse, 

 and afJbrds juit ground of dissatis- 

 faction to American citizens. 



Whether it be advisable to con- 

 tinue the permission given to those 

 Indian traders to export furs and 

 pehr}', is !t question to be decided 

 by political considerations. 



The last branch of the subject to 

 which I wish at present to call the 

 attention of the committee, relates 

 to interruptions andccrtain injurious 

 proceedings attempted under co- 

 lour of law. 



1. Vexatious suits are brought 

 against collectors, which not only 

 perplex faith i'ul officers, but have 

 the effect of intimidating others, 

 and prevent an energetic perform- 

 ance of their duties. The only 

 provisions which have occuired to 

 me on the subject arc, to enable the 

 collectors who miiy be sued, always 



to remove the cause before a court 

 of the United States ; to make a 

 certificate issued by the proper au- 

 thority, that there was reasonable 

 cause of detention, protect them 

 against damages in cases of de- 

 tention, in the same manner as 

 is now provided in cases of sei- 

 zures ; and to provide for the 

 safe keeping, and restoring when 

 proper,and on security being given, 

 the vessels and property which may 

 be detained. 



2. Attempts have in several in- 

 stances been made to wrest from 

 the collectors, by writs of replevin, 

 issued by the state courts or officers, 

 property detained or seized by said 

 collectors, or which in any other 

 manner, is in their possession ia 

 conformity with some law of the 

 United States. It is evident that 

 such attempts, ifsubmitted to, would 

 defeat not only the embargo, but 

 also the revenue laws of the United 

 States ; that whenever property is by 

 virtueof the law of the United States 

 in the possession of a collector, 

 marshal, or any other of their of- 

 ficers, no process »« rem, which will 

 take the property away, whether of 

 replevin, attachment, or any other, 

 can be legally issued by a state au- 

 ihorit}' ; and that the sheriff or other 

 person executing the same must be 

 considered as a mere trespasser,and 

 be resisted accordir»gIy. But there 

 is no other way at present to resist 

 such illegal process but actualforce. 

 And it appears n. cessary that ano- 

 ther remedy should be afforded, by 

 providing a summary mode of su- 

 pcrscch'nganysuch process, through 

 the interference of the courts of jus- 

 tice of the United States; and by 

 making it penal for any sheriff or 

 other person, to execute the same, 

 or in any manner to attempt to take 



property 



