TO THE HON. WM. TUDOR.
Quincy, August 16, 1818.
DEAR SIR,
WE cannot yet dismiss this precious statute of the 6th of George 2d. chapter 13.
The second section I must abridge, for I cannot transcribe much more. It enacts, that all the duties imposed by the first section, shall be paid down in ready money by the importer, before landing.
The third section must be transcribed by me or some other person, because it is the most arbitrary among statutes, that were all arbitrary, the most unconstitutional among laws, which were all unconstitutional.
Section 3d. "And be it further enacted, that in case any of the said commodities shall be landed, or put on shore in any of his majesty's said colonies or plantations in America, out of any ship or vessel, before due entry be made thereof, at the port or place where the same shall be imported, and before the duties by this act charged or chargeable thereupon, shall be duly paid, or without a warrant for the landing and delivering the same, first signed by the collector, or impost officer, or other proper officer or officers of the custom or excise, belonging to such port or place respectively, all such goods as shall be so landed or put on shore, or the value of the same, shall be forfeited; and all and every such goods as shall be so landed or put on shore, contrary to the true intent and meaning of this act, shall, and may be seized by the governor or commander in chief, for the time being, of the colonies or plantations, where the same shall be so landed or put on shore, or any person or persons, by them authorized in that behalf, or by warrant of any Justice of the peace or other magistrate, (which warrant such justice or magistrate is hereby empowered and required to give upon request) or by any custom house officer, impost, or excise officer, or any person or persons, him or them accompanying, aiding and assisting, and all and every such offence and forfeitures shall, and may be prosecuted for and recovered in any court of admiralty in his majesty's colonies or plantations in America, (which court of admiralty is hereby authorized, impowered and required to proceed to hear, and finally determine the same) or in any court of record in the said colonies or plantations, where such offence is committed, at the election of the informer or prosecutor, according to the course and method used and practised there in prosecutions for offences against penal laws relating to customs or excise; and such penalties and forfeitures so recovered there, shall be divided as follows, viz: one third part for the use of his majesty, his heirs and successors, to be applied for the support of the government of the colony or plantation, where thesame shall be recovered, one third part to the governor or commander in chief, of the said colony or plantation, and the other third part to the informer or prosecutor, who shall sue for the same."
Section five contains the penalties on persons assisting in such unlawful importation.
Section 6th. "Fifty pound penalty on molesting an officer on his duty. Officer, if sued, may plead the general issue. Fifty pound penalty, on officer conniving at such fraudulent importation."