STATE PAPERS. 



659 



property which by virtue of any law 

 of the United States is in the col- 

 lector's possession. 



3. In some instances where ves- 

 sels and cargoes libelled for infrac- 

 tions of the embargo have been re- 

 stored to their owners on their giv- 

 ing security for the appraised value, 

 the valuations have been so low as 

 to reduce the forfeiture to an in- 

 considerable sum, thereby defeat- 

 ing altogether the law. It is sug- 

 gested that this might be prevented 

 by a provision authorising and di- 

 recting the district judges to set 

 aside on motion of the district at- 

 torney, such valuation, whenever in 

 their opinion falling short of the 

 true value. 



On the subject of mandamus, I 

 will only observe that, in the only 

 instance which has taken place, the 

 court, supposing they had jurisdic- 

 tion, could not from the manner in 

 which the question was brought be- 

 fore them have decided otherwise 

 than they did, but that it is desirable 

 that the question of jurisdiction, as 

 it relates either to the courts in 

 whom the power ought to be vested, 

 or to the courts to which it should 

 extend, should be precisely defined 

 by law. 



I have not in this communication 

 taken into consideration the tech- 

 nical defects of the existing embargo 

 laws, because prosecutions do not 

 fallwithinmyimmediatecognizance, 

 and I do not feel competen"; to the 

 task of pointing out the necessary 

 alterations. Measures have, how- 

 ever, been taken to procure on that 

 subject and from the proper sources, 

 information which will hereafter be 

 laid before the committee. 



To the remaining inquiry of the 

 committee, whether the inconve- 

 niences of the present system may 



not in some degree be reraoved, I 

 can only answer, generally, that a 

 law which lays such extensive re- 

 strictions as the embargo, cannot be 

 carried into effect without imposing 

 serious inconveniences even on the 

 domestic intercourse of the United 

 States ; and that these must neces- 

 sarily be increased in proportion to 

 the opposition and efforts to evade 

 or violate the law. It has already 

 been stated that provisions which 

 will render the bond given by coast- 

 ing vessels a complete security 

 against violations of them, will di- 

 minish the necessity and extent of 

 more arbitrary restrictions. An au- 

 thority to permit on proper security 

 being given, such vessels when they 

 arrive in port, to keep their cargoes 

 on board, would afford some re- 

 lief. And I think that the credit on 

 duties accruing on the importation 

 of some articles which was allowed 

 by the act of 10th March last, 

 should be extended to all importa- 

 tions of the same articles made af- 

 ter the passing of the act, those made 

 in vessels which sailed under special 

 permission only excepted. With 

 respect to this last class of importa- 

 tions, as they were permitted by 

 special indulgence, as it is under- 

 stood that it has been impossible in 

 many cases to preventits being abu- 

 sed, and as in almost all the parties 

 having a species of exclusive privi- 

 lege, have made sufficiently profita- 

 ble voyages, the propriety, particu- 

 larly in the existing situation of the 

 revenue, of allowing them also the 

 advantages of anextendedcrediton 

 duties, is not perceived. 



Report of the Embargo Commillee. 



After a period of 15 years of 

 2 u 2 peace 



