cation by the president the evidence, and the sole evidence of the fact. It follows that in case of an unsatisfactory modification of her edicts by Great Britain, the decision of the question itself, whether the non-importation be actually in force or not, will be left to the courts, whence delays and embarrassments will arise, which will considerably impede the operation of the law. II. The non-importation is to take place on the 2d day of February next, if a revocation shall not have taken place before that day. But this may have taken place and not be known on that day in the United States. If the collectors abstain from seizing merchandise imported after that day, until the fact shall have been ascertained, and the edicts shall not have been revoked, the merchandise will escape forfeiture, and the law during that period will be inoperative. If they seize, and the edicts shall have been revoked, the seizures will have been illegal, and the collectors will be liable to personal suits. This inconvenience may be remedied by a provision directing that during that period it shall be the duty of the collectors to make seizures, but that the goods shall be restored to the parties on their giving bond with sureties for the value. III. No exception has been made by the act in favour of vessels which had sailed for the British East Indies prior to the president's proclamation; and the short period of three months from the date of that proclamation to the day when the law is to take effect, will occasion forfeitures or heavy losses, in cases of bona fide American property in England, paid for or ordered prior to the proclamation. It seems in every point of view eligible that cases clearly foreseen should be provided for by law, instead of being left to executive discretion. IV. It is believed that an abandonment by the United States of their share of the penalties and forfeitures which may be incurred, and the distribution of these according to the circumstances of the case, amongst the collectors, the other custom-house officers, the inspectors, who heretofore have had no share, and the informers, would insure a greater degree of zeal and vigilance in detecting and preventing infractions of the law. V. Some additional provisions will be necessary to enforce the law on the northern frontier of the United States, amongst which may be reckoned, the erection of some new collection districts, particularly on the river St. Lawrence and in the eastern part of the state of Vermont; an increase of salary to the collectors in that quarter, inasmuch as, under the non-importation, that part of their compensation which is derived from fees will be considerably reduced, and that which arises from commissions altogether lost; and an authority to the armed force of the United States to make seizures. And it must be added that the peculiar situation of those districts will render condemnation extremely difficult, unless the obligation be |