To avoid the pressure of the embargo, and to hold out inducéments to our citizens to violate it, and to leave port clandestinely, the following most extraordinary order in council was puolished by the British government.

GEORGF R.

Instructions to the commanders of our ships of war and privateers. Given at our court at Windsor, the 11th. day of April, 1808, in the 48th. year of our reign.

Our will and pleasure is, that you do not interrupt any neutral vessel laden with lumber and provisions, and going to any of our colonies, islands, or settlements in the West-Indies, or South America, to whomsoever the property may appear to belong, and notwithstanding such vessel may not have regular clearances and documents on board!!! And in case any vessel stall be met with, and being on her due course to the alleged port of destination, an endorsement shall be made on one or more of the principal papers of such vessel, specifying the destination alleged, and the place where the vessel was so visited. And in case any vessel so laden shall arrive and deliver her cargo at any of our colonies, islands, or settlements aforesaid, such, vessel shall be permitted to receive her freight, and to depart, either in ballast, or with any goods that may be legally exported in such vessel, and to proceed to any unblockaded port; notwithstanding the present hostilities, or any future hostilies which may take place. And a passport for such vessel may be granted to the vessel by the governor, or other person, having the chief civil command of such colony, island, or settlement!

G. R.

This astonishing document demands the most particular and pointed attention. The ministers who prostituted the name of their sovereign by subscribing it to such an instrument, merit and must receive the reprobation of every high minded Englishman, who feels for the honour or dignity of his native country. The world has never seen such another instrument. And I hope there will never be another instance of the kind. I believe that this order alone was adequate cause of war. This at least is certain, that many wars have been declared upon infinitely less provocatian. What! one of the most potent monarchs in the world, rather than do justice to an unoffending nation, on which for fourteen years, his ministers had perpetrated the most flagrant outrages, invites, and tempts, and affords facilities to its citizens, to violate the laws of their country, and openly pursue the infamous trade of smuggling!

The subject affords an ample field for, and invites to, copious comments. But I forbear. I leave it the calm consideration of the candid reader.

CHAPTER XXV.

Enquiry into the Constitutionality of the Act for enforcing the Embargo. Compared with acts passed during the presidency of Gen. Washington and John Adams. Not so rigorous. Factious clamour. Lamentable public delusion.

THE original embargo act had been openly and flagrantly violated. The public prints in Boston had audaciously and seditiously invited the citizens to set it at defiance. The British government had also, as we have seen, added the allurement of its powerful invitation. Such an invitation was unnecessary. There are always to be found in every community, men who will seek the shortest road to fortune, whether through the dark paths of smuggling, or otherwise. And these men united their obstreperous brawlings, with the clamour raised by those whose grand object was to harass the government, for the chance of regaining the power they had lost. Thus was removed from the crime of smuggling, the odium it deserved, and transferred to an act calculated to preserve the property of the merchants from belligerent depredation; an act, be it never forgotten, which was the mildest mode of procuring that redress for which the mercantile part of the community had so loudly clamoured--and in the pursuit of which, they had so solemnly pledged themselves to support the government!!!

To prevent these evasions, an act was passed to enforce the embargo. This was necessarily more strict and severe in its provisions than the original act. Meetings were held in various parts of the United States, denouncing the latter as oppressive and unconstitutional. A very numerous and respectable one was held in the city of Philadelphia, attended by a large proportion of the merchants, and a great number of other citizens. Of this meeting Commodore Truxtun was chairman. Sundry resolutions were passed, which embraced the essence of all the objections raised against it throughout the union. I shall assume these resolutions as a text to reason upon, and shall endeavour to refute the objections.

During the administration of General Washington, an embargo act had been passed by Congress. And during his administration, and that of Mr. Adams, various other acts had been passed embracing prohibitory and penal clauses of a tenor similar to those c of the embargo law. No federalist will pretend that any of those acts were unconstitutional. Some of their clauses were far more exceptionable than those of Mr. Jefferson's embargo act. If, therefore, the latter contain no provision whatever, which is not substantially to be found in those passed during the administration of the two first presidents, I presume that there is not a candid federalist in the union who will hesitate to admit, that the clamour against the former, as unconstitutional, was truly "factious, disorganizing, seditious, and jacobinical."

The 9th, 10th and 11th sections were the most rigorous, the most obnoxious; and, of course, were selected by the Philadelphia meeting, as proper subjects for denunciation. I shall therefore fairly collate them with the corresponding sections of the former embargo and other acts, passed during the reign of federalism to enable the reader to form his opinion:

Proceedings of the Meeting of the Citizens of Philadelphia, Com. Truxtun

in the Chair.

* Resolved, That we consider the late act of Congress, commonly called "The enforcing law," to be a direct invasion of the established principles of civil liberty, and of the express provisions of the constitution, as arbitrary and severe to a degree unnecessary, even to accomplish the objects for which the law is professed to have been enacted; as creating an enormous and dangerous augmentation of executive influence and power; and as unnecessarily exposing the citizen to the miseries of civil discord and military ex ecution.

"Resolved, That the 9th. section of this act, which authorizes a ministerial officer, without process of law, to seize goods at his discretion, under a pretence that he believes they are intended for exportation, or apparently on the way for the territories of a foreign power, is, in our opinion, a breach of the fourth article of the amendments to the constitution, which provides, "that the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated:" and of the 5th article of the amendments, which declares, " that no man shall be deprived of life, liberty, or property, but by due process of Jaw."

ENFORCING LAW," Signed by JEFFERSON.

1. "That the collectors of all the districts of the United States, shall be, and they are hereby authorized, to take into their custody specie, or any articles of domestic growth, produce, or manufacture, found on board of any ship or vessel, boat or other water craft, when there is reat son to believe that they are intended for exportation:

2. "Or when in vessels, carts, waggons, sleighs, or any other carriage; or in any manner apparently on their way towards the territory of a foreign nation, or the vicinity thereof, or towards a place where such articles are intended to be exported:

PRECEDENTS

Signed by WASHINGTON and ADAMS. 1. "That every collector, naval officer, and surveyor, or other person especially appoir.ted by either of them for that purpose, shall have full power and authority to enter any ship or vessel, in which they shall have reason to SUSPECT any goods, wares or merchandize subject to duty shall be concealed, and therein to search for, seize, and secure any such goods, wares, and merchandize," &c.-See act of 31st July, 1789, sect. 24. Act of 4th August, 1790. sect. 48.

"That it shall be the duty of the several officers of the customs to make sieżure of and secure any ship or vessel, goods, wares or merchandize which shall be liable to seizure by virtue of this act, as well without, as with" in their respective districts." Se sect. 26 and 50 of the same act. See also, act of the 2d. March, 1799, sect. 68, 70.

"That it shall be lawful for any officer of the revenue; to go on board of any ship of vessel, whether she shall be within, or without his district; and the same to inspect, search, and examine; and if it shall appear, that any breach of the laws, of the U. States, has been committed, &c. to make seizure of the same." See act of 18th Feb. 1793, sect. 27. "That any of the aforesaid articles (arms & ammunition) excepting such oft hemas may constitute a part of the equipment of any ves

4. "Ministerial offi

cers, without process, may detain goods apparently on their way to be exported, till security is given, that they shall not be exported.

5. "The power of seizure is confined to goods, &c. found on board of vessels, or apparently on their way to be exported. There is no power given to any ministerial officer to enter any house without process."

4. " Ministerial officers, without process, may seize goods apparently on. their way to be imported by land; and vessels apparenly on their way towards a French port, may be seized by military officers.

5. "The seizure is extended to goods, &c. found on board of vessels, or apparently on their way to be imported by land, and to vessesis on the high seas. There is no power given to a municipal officer to enter houses without process."

Commodore Truxton's Third Resolution.

"Resolved, That the tenth section is contrary to the spirit of the constitution inasmuch as it vests in the president a legislative authority by giving to his instructions, in certain cases, the force of law."

'ENFORCING LAW.'

PRECEDENTS, &c.

Under Washington and Adams.

The powers given to the collectors, ei her by this or any other act, respect'ing the embargo, to refuse permission to put 'any cargo on board any 'vessel, boat or other wa-nation under such regulations as the cir'ter craft; to detain any 'cumstances of the case may require, and to con'vessel, or to take into 'tinue or revoke the same, whenever he shall

That the President of the United States be, and he hereby is authorized and empowered, 'whenever in his opinion the public safety shall so *require, TO LAY AN EMBARGO on all ships and vessels in the ports of the United States, or the ships and vessels of any foreign

the

their custody any articles 'for the purpose of pre*venting violations of the 'embargo, shall, be exer 'cised in conformity with *such instructions, as 'President may give, and such general rules as he 'may prescribe for that pur pose, MADE IN PURSUANCE 'OF THE POWERS AFORESAID; which instructions 'and general rules, the collectors shall be bound to obey.'-Idem, section 10.

think proper,, AND THE PRESIDENT

IS

'HEREBY FULLY AUTHORIZED TO GIVE ALL SUCH

ORDENS TO THE OFFICERS OF THE UNITED STATES AS MAY BE NECESSARY TO CARRY THE SAME INTO 'TULL EFFECT.'-See act of 4th. June, 1794, sect. 1.

That an embargo, be laid on all ships and vessels in the ports of the United States, whether already cleared out or not, bound to any foreign port or place, except ships or 'vessels under the immediate directions of the 'president of the United States. AND THAT 'THE PRESIDENT OF THE UNITED STATES BE AU'THORIZED TO GIVE SUCH INSTRUCTIONS TO THE 'REVENUE OFFICERS OF THE UNITED STATES AS