Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 4 (of 16)United States. Congress
History
Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 4 (of 16)
United States. Congress
Law -- United States; United States -- Politics and government
Third objection: The high penalties of the bonds will drive many
persons of small means from their accustomed occupations. They will
not be able to procure the competent security for their prosecution.
It is not to be presumed that this will be the effect to any great
extent. If the owner is known to be honest, and has in view legal and
honest objects, I have very little apprehension of his not being able
to get the security required. But here the question recurs, are these
apprehended inconveniences of such a nature as to render it necessary
to abandon a great national object, for the accommodation of a few
individuals who are affected by them? Is the last effort to preserve
the peace of the nation, to be abandoned from these considerations? I
should conclude, certainly not.
The next objections are made to the seventh section of the bill, which
provides that stress of weather, and other unavoidable accidents at
sea, shall not be given in evidence in a trial at law to save the
penalty of bonds given as security against the violation of the embargo
laws. It is known that, through pretexts derived from this permission,
at present, most of the violations of these laws have been committed
with impunity--it is, therefore, important to the future execution of
the laws, to take away these pretexts. But it is objected that this
regulation manifests a distrust of oaths. It does, of what is called
custom-house oaths; their violation is already almost proverbial; it
does not, however, produce nor encourage this profligacy; it takes
away the temptation to it. It is further said, it impairs the trial by
jury--very far from it; the trial by jury still exists; this provision
only regulates the evidence to be produced before the jury. Gentlemen
state particular hardships which may take place under this regulation.
It is easy to state possible hardships under any general regulation;
but they have never been deemed sufficient objections to general
regulations producing in other respects beneficial results. This bill,
however, contains a provision for relief in all cases of hardships
under the embargo laws. The Secretary of the Treasury is authorized to
grant relief in all such cases. This power, vested in the Secretary,
is also objected to. It is said to manifest a distrust of courts, and
to transfer their powers to the Secretary of the Treasury. Whatever
may be my distrust of some of the courts of the United States, I can
say that consideration furnished no inducement to this provision. It
is a power not suited to the organization of courts, and it has for
a long time been exercised by the Secretary of the Treasury without
being complained of. Congress proceeded with great caution on this
subject. On the third day of March, 1797, they first introduced this
principle into their laws in relation to the collection of the revenue;
and, after an experiment of nearly three years, on the eleventh day
of February, 1800, they made the law perpetual.
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