« iepriekšējāTurpināt »
other officer who may be specially empowered for the purpose by the Presi. dent of the United States, shall be, and they are hereby respectively authorized and required to seize and detain any vessel or any arms or munitions of war which may be provided or prepared for any military expedition or enterprise against the territory or dominions of any foreign Prince or State, or of any colony, district or people conterminous with the United States, and with whom they are at peace, contrary to the sixth section of the act passed on the 20th of April, 1818, entitled, “ An act in addition to the act for the punishment of certain crimes against the United States, and to repeal the acts therein mentioned,” (See 2593 & seq.) and retain possession of the same until the decision of the President be had thereon, or until the same shall be released as hereinafter directed.(1)
2. The several officers mentioned in the foregoing section shall be, and they are hereby respectively authorized and required to seize any vessel or vehicle, and all arms or munitions of war, about to pass the frontier of the United States for any place within any foreign State or colony, conterminous with the United States, where the character of the vessel or vehicle, and the quantity of arms and munitions, or other circumstances shall furnish probabie cause to believe that the said vessel or vehicle, arms, or munitions of war are intended to be employed by the owner or owners thereof, or any other person or persons, with his or their privity, in carrying on any military expedition or operations within the territory or dominions of any foreign prince or state, or any colony, district, or people conterminous with the United States, and with whom the United States are at peace, and detain the same until the decision of the President be had for the restoration of the same, or until such property shall be discharged by the judgment of a court of competent jurisdiction : Provided, That nothing in this act contained be so construed as to extend to, or interfere with any trade in arms or munitions of war, conducted in vessels by sea with any port or place whatsoever, or with any other trade which might have been lawfully carried on before the passage of this act, under the law of nations and the provisions of the act hereby amended.(2)
3. It shall be the duty of the officer making any seizure under this act, to make application, with due diligence, to the district judge of the district court of the United States within which such seizure may be made, for a warrant to justify the detention of the property so seized ; which warrant shall be granted only on oath or affirmation, showing that there is probable cause to believe that the property so seized is intended to be used in a manner contrary to the provisions of this act; and if said judge shall resuse to issue such warrant, or application therefor shall not be made by the officer making such seizure within a reasonable time, not exceeding ten days thereafter, the said property shall sorthwith be restored to the owner. But if the said judge shall be satisfied that the seizure was justified under the provisions of this act, and issue his warrant accordingly, then the same shall be detained by the officer so seizing said property, until the President shall order it to be restored to the owner or claimant, or until it shall be discharged in due course of law, on the petition of the claimant, as hereinafter provided.(3)
4. The owner or claimant of any property seized under this act, may file his petition in the circuit or district court of the United States in the district where such seizure was made, setting forth the facts in the case; and there. upon such court shall proceed, with all convenient despatch, after causing due notice to be given to the district attorney and officer making such seizure, to decide upon the said case, and order restoration of the property, unless it shall appear that the seizure was authorized by this act : and the circuit and district courts shall have jurisdiction, and are hereby vested with full power and authority, to try and determine all cases which may arise under this act; and all issues in fact arising under it, shall be decided by a jury in the manner now provided by law.(1)
(1) Act 10th March, 1838, sec. 1. (2) Ibid. sec. 2.
(3) Ibid. sec. 3.
5. Whenever the officer making any seizure under this act shall have applied for and obtained a warrant for the detention of the property, or the claimant shall have filed a petition for its restoration, and failed to obtain it, and the property so seized shall have been in the custody of the officer for the term of ihree calendar months from the date of such seizure, it shall and may be lawful for the claimant or owner to file with the officer a bond to the amount of double the value of the property so seized and detained, with at least two sureties, to be approved by the judge of the circuit or district court, with a condition that the property, when restored, shall not be used or employed by the owner or owners thereof, or by any other person or persons with his or their privity, in carrying on any military expedition or opera. tions within the territory or dominions of any foreign prince or state, or any colony, district, or people, conterminous with the United States, with whom the United States are at peace; and thereupon the said officer shall restore such property to the owner or claimant thus giving bond: Provided, That such restoration shall not prevent seizure from being again made, in case there may exist fresh cause to apprehend a new violation of any of the provisions of this act.(2)
6. Every person apprehended and committed for trial, for any offence against the act hereby amended, shall, when admitted to bail for his appearance, give such additional security as the judge admitting him to bail may require, not to violate, nor to aid in violating, any of the provisions of the act hereby amended.(3)
7. Whenever the President of the United States shall have reason to be. lieve that the provisions of this act have been, or are likely to be violated, that offences have been, or are likely to be committed against the provisions of the act hereby amended, within any judicial district, it shall be lawful for him, in his discretion, to direct the judge, marshal, and district attorney, of such district, to attend at such place within the district, and for such time, as he may designate, for the purpose of the more speedy and convenient arrest and examination of persons charged with the violation of the act hereby amended; and it shall be the duty of every such judge, or other officer, when any such requisition shall be received by him, to attend at the place and for the time therein designated.(4)
8. It shall be lawful for the President of the United States, or such person as he may empower for that purpose, to employ such part of the land or naval forces of the United States, or of the militia, as shall be necessary to prevent the violation, and to enforce the due execution, of this act, and the act hereby amended.(5)
9. This act shall continue in force for the period of two years, and no longer.(6)
10. In all cases where the charter of any corporation which has been or may be created by act of Congress of the United States shall have expired or may hereafter expire, if any director, officer or agent of the said corpora. tion or any trustee thereof, or any agent or officer of such trustee, or any person having in his possession or under his control the property of the said corporation for the purpose of paying or redeeming its notes and obligations shall knowingly issue, re-issue, or utter as money or in any other way know. ingly put in circulation, any bill, note, check, draft, or other security purporting to have been made by any such corporation whose charter has ex. pired or by any officer thereof, or purporting to have been made, under authority derived theresrom, or if any person or persons shall knowingly aid and assist in any such act; every person so offending, shall be deemed guilty of a high misdemeanor, and on conviction thereof shall be punished by a fine not exceeding ten thousand dollars, or by imprisonment and confinement not less than one year nor exceeding five years, or by both such fine and imprisonment: Provided, That nothing herein contained shall be construed to make it unlawful for any person 'not being such director, officer or agent of the said corporation, or any trustee thereof, or any agent or officer of such trustee, or any person having in his possession or under his control the property of the corporation for the purpose aforesaid, who shall have received or may hereafter receive such bill, note, check, draft or other security, bona fide and in the ordinary transactions of business, to utter as money or otherwise circulate the same.(1)
(1) Act 10th March, 1838, sec. 4.
(4) Ibid. sec. 7.
11. In all cases in which any corporation has been or may be created by acts of Congress of the United States, or in which the United States shall have been interested as a stockholder the term of which corporation has expired, and in which any bills, notes, checks, drafts or other securities, made under authority derived, or alleged to have been derived from such act, shall be in the possession or under the control of any director, officer or agent of the said expired corporation, or any trustee thereof, or any agent or officer of such trustee, or any person having in his possession or under his control, the property of the said corporation, for the purpose of paying or redeeming its notes and obligations, the several circuit courts of the United States shall have jurisdiction on the bill or petition of the United States to grant injunc. tions to prevent the issuing, re-issuing, or transfer of any such bills, notes, checks, drafts, or other securities; and also to cause such of the said bills, notes, checks, drafts, or other securities, as have been redeemed, to be delivered
and cancelled; and the said several courts shall have power to make all necessary decrees and orders for the purpose of carrying into effect the jurisdiction hereby conferred, and to execute the same by due process of law.(2)
Commissioners to report, &c. 10 Remission of duties to be proportionReport to be approved by Secretary ed to goods destroyed
13 of Treasury-certificates to claim. Clerk of Commissioners, salary 14 ants
11 Vicksburg collection district estabCertificates receivable in payment of lished duties
12 Coal of steamboats free of duty 16
Art. 1 The President having received satisfactory evidence from the King of Greece that the discriminating duties of tonnage levied by that nation on the vessels of the United States have been abolished, he, by virtue of the Act of 13th, July, 1832, (Article 1793) proclaimed on the 14th June, 1837, that the tonnage duty, on vessels of the Kingdom of Greece, shall from that day cease to be levied in the ports of the United States.
2. The President having satisfactory evidence, not only that the vessels of the United States are subjected in the ports of the Kingdom of Portugal to payment of duties of tonnage, but that a discrimination exists in respect to those duties against the vessels of the United States, he, by virtue of the Act of 25th of May, 1832, (Article 1797) proclaimed on the 11th October, 1837, that the duties payable by vessels of that kingdom on the 25th May, 1832, shall henceforth be levied and paid as if said act had not passed.
3. By Act 19th March, 1838, the Act of 17th March, 1800, (Article 1798) authorizing the Port-Wardens of Baltimore to lay a certain tonnage duty, is continued until 3d March, 1843.
4. The provisos of the tenth and twelfth clauses of the second section of the act to alter and amend the several acts imposing duties on imports, passed July 14th, 1832, are hereby repealed.(1) (See articles 1657, 1659, 1672.)
5. On all bonds for duties, taken by any collector of the customs, the payment whereof has been at any time postponed by virtue of “An act authorizing a further postponement of payment upon duty bonds," passed on the sixteenth day of October last, the collectors who took said bonds, respectively, or their legal representatives, shall be allowed by the Secretary of the Treasury, and entitled to receive, the same commissions, whenever and as fast as the sums secured by such bonds shall be paid into the Treasury, as they would respectively have been entitled to be allowed and receive had the said bonds been paid at maturity and without such postponement; and no part of such commissions shall be claimed by or allowed to the successor in office of any such collector, in any case in which such successor would not have been entitled by law to a portion thereof, if such postponement of the payment of said bonds had not taken place :* Provided, That nothing in this act shall be so construed as to give to any collector of the customs, or to the representatives of any such collector, a sum greater than the compensation he would have been entitled to receive in case the law therein referred to, for the suspension of payment upon revenue bonds, had not been passed, and the said commissions had been paid to the collector, to whom the same are hereby given, during his continuance in office, and at the first maturity of the said bonds. (2)
6. The provision of the Act of 3d March, 1837, (see note, page 552) rela. tive to the compensation of custom officers was re-enacted 7th July, 1838, with the following addition, “ Provided, That no collector shall receive more than $4000; and no naval officer more than $3000; and no surveyor more than $2500 per annum. (1) Act May 31st, 1838.
(2) Act June 12th, 1838.
* The time for taking such bonds having expired, the act of 16th Oct. 1837, is omitted.
7. A collector shall be appointed at the port of Vicksburg who shall give the usual bonds required by such officers in the penal sum of ten thousand dollars, and be entitled to a salary of five hundred dollars per annum, and the salary for the present year shall be paid out of any money in the Treasury not otherwise appropriated.(1)
8. The collector of the customs for the port of New York, the naval offi. cer of the said port, and the district attorney for the southern district of the State of New York are hereby constituted a commission to ascertain the amount of duties paid, or secured to be paid, upon all goods, wares, and merchandise, destroyed in unbroken and original packages as imported, by the great conflagration which took place in the city of New York on the 16th and 17th days of December, 1835, and the name or names and places of residence of the several persons entitled, as owners of the said goods, or otherwise, to receive or have remitted to them the amount of the duties so paid or secured to be paid, upon the several parcels and packages of goods so destroyed, pursuant to the provisions of this act:
9. The said commissioners shall meet at such time and place in the city of New York, as shall be appointed by the Secretary of the Treasury by a notice for that purpose, to be published in at least five of the public newspa. pers printed in the said city, for the period of at least ten days before the time appointed for the said meeting; and, when so convened shall proceed to take testimony in relation to the goods so destroyed, and the amount of duties paid, or secured to be paid, to the United States thereupon, and to the persons entitled to receive or have remitted to them the amount of such duties; and shall continue the examination and investigation as constantly as their other official duties will permit, until all the claims presented to them for the remission or refunding of duties provided for by this act, which may be presented to them, shall be examined to their satisfaction; but no claim shall be received which shall not be presented within four months from and after the time appointed by the Secretary for the first meeting of the commissioners; and each of the said commissioners shall be, and is hereby, authorized to to administer the necessary oaths to all persons who are to give testimony in the premises; and all the testimony presented to or taken before the said commission, shall be committed to writing, and signed by the respective witnesses giving the same; and any wilful false swearing before the said com. mission, or in any affidavit or deposition taken before any one of the said commissioners, shall subject the person guilty of the offence, upon conviction before any court of competent jurisdiction, to the punishment prescribed by the laws of the United States for wilful perjury.(2)
10. As soon as the said commissioners shall have finally closed the taking of testimony in relation to any one or more claims, they shall cause to be made a full and perfect statement of the goods, wares, and merchandises proved in said claim or claims, to their satisfaction, to have been destroyed at the conflagration aforesaid, in the unbroken and original packages in which the same were imported, designating in such statement the number of packages, the rate and amount of duty upon each, and the name of the person or persons entitled to receive or have remitted to him or them the duties paid, or secured to be paid, upon such package, and the fact whether such duty has been paid or remains unpaid and secured in the ordinary manner, and shall ascertain and report whether
any and what part of the merchandise so destroyed was insured or sold, what proportion of the insurance has been paid, or is secured to be paid in consequence of its destruction by the confla
(1) Act July 7th, 1838. sec. 8.
(2) Ibid. sec. 1