The Enquirer

A BILL supplementary to the act concerning the commercial intercourse between the U. States and Great-Britain and France, and for other purposes.
(Reported by Mr. Eppes on the 15th inst.)

BE it enacted, &c. That in case Great-Britain shall so revoke or modify her edicts as that they shall cease to violate the neutral commerce of the United States, the President of the United States shall declare the fact by proclamation, & such proclamation shall be admitted as evidence, and no other evidence shall be admitted of such revocation or modification in any suit or prosecution which may be instituted under this act, or the act to which this act is a supplement. And the restrictions imposed or which may be imposed by virtue of this act, or the act to which this is a supplement, shall from the date of such proclamation cease and be discontinued.

Sec. 2. And be it further enacted, That from and after the second day of February next, in case the proclamation aforesaid shall not have been issued, the entrance of the harbors and waters of the United States and the territories thereof be and the same is hereby interdicted to all ships or vessels sailing under the flag of G. B. or owned in whole or in part by any citizen or subject thereof: vessels hired, chartered or employed by the government of Great-Britain for the sole purpose of carrying letters or dispatches, and also vessels forced in by distress or by the dangers of the sea only excepted, and if any ship or vessel sailing under the flag of Great Britain, or owned in whole or in part by any citizen or subject thereof, and not excepted as aforesaid, shall, after the said second day of February next, arrive either with or without a cargo, within the limits of the United States or the territories thereof, such ship or vessel together with the cargo, if any, which may be found on board, shall be forfeited, and may be seized and condemned in any court of the United States or territories thereof, having competent jurisdiction.

Sec. 3. And be it further enacted, That from & after the second day of February next, it shall not be lawful to import into the U. S. or territories thereof, any goods, wares or merchandize whatever, from any port or place situated in G. B. or Ireland, or in any of the colonies or dependencies of G. B. nor from any part or place in the actual possession of G. B.: nor shall it be lawful to import into the U. S. or the territories thereof from any foreign port or place whatever, any goods, wares or merchandize whatever, being of the growth, produce or manufacture of G. B. or Ireland, or of any of the colonies or dependencies of G. B. or being of the growth, produce or manufacture of any place or country in the actual possession of G. B.: Provided, That nothing herein contained shall be construed to affect the cargoes of ships or vessels wholly owned by a citizen or citizens of the U. S. which had cleared for any port beyond the Cape of Good Hope, prior to the tenth day of November, eighteen hundred & ten.

Sec. 4. And be it further enacted, That whenever any article or articles, the importation of which is prohibited by this act, shall after the second day of February next be imported into the U. S. or the territories thereof, contrary to the true intent and meaning of this act, or shall, after the said second day of February next, be put on board of any ship or vessel, boat, raft or carriage, with intention of importing the same into the U. S. or the territories thereof, all such articles as well as all other articles, on board the same ship or vessel, boat, raft or carriage, belonging to the owner of such prohibited articles, shall be forfeited; and the owner thereof shall moreover forfeit and pay treble the value of such articles.

Sec. 5. And be it further enacted, That if any article or articles, the importation of which is prohibited by this act, shall after the second day of February next be put on board of any ship or vessel, boat, raft or carriage, with intention to import the same into the U. S. or the territories thereof, contrary to the true intent and meaning of this act, and with the knowledge of the owner or master of such ship or vessel, boat, raft or carriage, such ship or vessel, boat, raft or carriage shall be forfeited, and the owner and master thereof shall moreover each forfeit & pay treble the value of such articles.

Sec. 6. And be it further enacted, That if any article or articles, the importation of which is prohibited by this act, and which shall nevertheless be on board of any ship or vessel, boat, raft or carriage arriving after the said second day of February next in the U. S. or the territories thereof, shall be omitted in the manifest, report or entry of the master, or the person having the charge or command of such ship or vessel, boat, raft or carriage, or shall be omitted in the entry of the goods owned by the owner or consigned to the consignee of such articles, or shall be imported or landed, or attempted to be imported or landed without a permit, the same penalties, fines, & forfeitures shall be incurred & may be recovered, as in the case of similar omission or omissions, landing, importation or attempt to land or import in relation to articles liable to duties on their importation into the U. S.

Sec. 7. And be it further enacted, That every collector, naval officer, surveyor or other officer of the customs shall have like power and authority to seize goods, wares and merchandize imported contrary to the intent and meaning of this act, to keep the same in custody until it shall have been ascertained whether the same have been forfeited or not, and to enter any ship or vessel, dwelling house, store, building or other place, for the purpose of searching for and seizing any such goods, wares and merchandize which he or they now have by law in relation to goods, wares and merchandize subject to duty; and if any person or persons shall conceal or buy any goods, wares or merchandize, knowing them to be liable to seizure by this act, such person or persons shall, in conviction thereof, forfeit and pay a sum double the amount or value of the goods, wares and merchandize so concealed or purchased.

Sec. 8. And be it further enacted, That any vessel or merchandize which shall be seized prior to the fact being ascertained whether G. B. shall, on or before the second day of February next, have revoked or modified her edicts in the manner above mentioned, may be restored on application of the parties, on their giving bond with approved sureties to the U. S. in a sum equal to the value thereof, to abide the decision of the proper court of the U. S. thereon--and any such bond shall be considered as satisfied if G. B. shall, on or before the said second day of February next, have revoked or modified her edicts in the manner above mentioned.

Sec. 9. And be it further enacted, That no vessel which shall have departed from any British port before the second day of February next, & no merchandize imported in such vessel which shall have been put on board the same before the proclamation of the President of the U. S. of the second day of November last shall have been known at such port, shall be liable to seizure or forfeiture on account of any infraction or presumed infraction of the provisions of this act or of the act to which this act is a supplement.

Sec. 10. And be it further enacted. That the following additions shall be made to the oath or affirmation taken by the masters or persons having the charge or command of any ship or vessel arriving at any port of the U. S. or the territories thereof, after the second day of February next, viz "I further swear (or affirm) that there are not, to the best of my knowledge and belief on board (insert the denomination and name of the vessel) any goods, wares or merchandize, the importation of which into the U. S. or the territories thereof, is prohibited by law: and I do further swear (or affirm) that if I shall hereafter discover or know of any such goods, wares or merchandize on board the said vessel, or which shall have been imported in the same, I will immediately and without delay make due report thereof to the collector of the port of this district."

Sec. 11. And be it further enacted, That the following addition be made after the second day of February next to the oath or affirmation taken by importers, consignees or agents at the time of entering goods imported into the U. S. or the territories thereof, viz. I also swear (or affirm) that there are not, to the best of my knowledge and belief, among the said goods, wares and merchandize imported or consigned as aforesaid, any goods, wares or merchandize the importation of which into the U. S. or the territories thereof is prohibited by law, and I do further swear or affirm that if I shall hereafter discover or know of any such goods, wares and merchandize among the goods, wares & merchandize imported or consigned as aforesaid, I will immediately and without delay report the same to the collector of this district.

Sec. 12. And be it further enacted, That all penalties and forfeitures incurred under this act or the act to which this act is a supplement, may be sued for, prosecuted and recovered with cost of suit by action of debt, in the name of the United States of America, or by indictment or information, in any court having competent jurisdiction to try the same, and such penalties and forfeitures may be examined, mitigated or remitted in like manner and under the like conditions, regulations and restrictions as are prescribed, authorised and directed by the act entitled "An act to provide for mitigating or remitting the forfeitures, penalties and disabilities accruing in certain cases therein mentioned," passed the third day of March, 1797, and made perpetual by an act passed the 11th day of February, eighteen hundred.

Sec. 13. And be it further enacted, That it shall be lawful for any part of the land or naval forces of the U. States, and for any part of the militia of any state or territory, in the actual service of the U. S. to make seizure of any vessel or merchandize liable to seizure and forfeiture by reason of any infraction of the provisions of this act, or of the act to which this act is a supplement. And in case of any such seizure made within the waters of the U. S. or within the boundaries of any district of the U. S. that portion of the forfeiture arising from such seizure, which according to existing laws would have accrued to the U. S. shall after deducting the duties payable to the U. S. on the importation of the merchandize thus forfeited, be distributed among the persons making such seizure, in such proportions as may be directed by the President of the U. S.--and if such seizure shall be made without the boundaries of any district of the U. S. the whole of the forfeiture arising from such seizure, shall after deducting the duties payable on the importation of the merchandize thus forfeited be distributed in the manner aforesaid.

Sec. 14. And be it further enacted, That the portion of all the penalties and forfeitures which may be incurred by reason of any infraction of the provisions of this act or of the act to which this act is a supplement, and which portion according to existing laws accrued to the U. S. in all cases other than those provided for by the last preceding section of this act, after deducting the duties payable to the U. S. on the importation of the merchandize thus forfeited, shall be distributed in the following manner, that is to say: one half of the residue of the said portion, after deducting the duties aforesaid, shall be given to the inspector or inspectors or to the captain and crew of the revenue cutter or vessel making the seizure: and the other half of the said residue shall in cases where there is an informer not being in the service of the U. S. be given to such informer, and in cases where there is no such informer, shall be given to the collector to be apportioned amongst the collector, naval officer & surveyor in the same manner as is provided by law for the distribution of one half the penalties and forfeitures accruing by reason of infractions of the laws for the collection of duties on the importation of merchandize into the U. S.--and in all cases whatever the other half shall be distributed in the same manner as is already provided by law.

Sec. 15. And be it further enacted. That in all cases of seizure of merchandize in any district adjacent to the colonies or possessions of a foreign nation made on account of any infraction of the provisions of this act or of the act to which this act is a supplement, it shall be necessary for the claimant or claimants to prove that the merchandize thus seized was legally imported into the U. S. and that the duties payable on the importation of the same had been paid or secured to be paid, and in failure of making such proof the merchandize thus seized shall be forfeited.

Sec. 16. And be it further enacted, That the President of the U. S. be, and he is hereby authorized to hire, arm and employ, seventy-five vessels, not exceeding in tonnage one hundred and thirty tons each, belonging to citizens of the U. S. and so many seamen as shall be necessary to man the same for immediate service in enforcing the laws of the U. S. on the sea coast thereof, and to dismiss the same from the service of the U. S. wherever he shall deem the same expedient--Provided, however, That such hiring or employing shall not be for a term exceeding one year.

Sec. 17. And be it further enacted, That for enabling the President of the U. S. to carry into effect the sixteenth section of this act, the sum of ... to be paid out of any money in the treasury not otherwise appropriated, shall be and the same is hereby appropriated.