SHALL APPEAR BEST ADAPTED FOR CARRYING THE 'SAID RESOLUTION INTO FULL EFFECT.'-Resolve of the 26th March, 1792. That the president of the United States, be, "and he is hereby authorized, to direct the revenue officers, and the officers, commanding forts and revenue cutters, to aid in the execution of the health laws of the states, respectively, in such manner as may appear to him necessary.' Act of 27th. May 1796. That it shall be lawful for the president of the United States, if he shall deem it expedient and consistent with the interest of the United States, by his order, to remit and discontinue, for the time being, the restraints and prohibitions aforesaid, either with respect to the French Republic, or to any island, &c.. with which a commercial intercourse may be safely renewed; and also, to revoke such or'ders, whenever, in his opinion, the interest of the United States shall so require.'-Act of 9th February, 1729, sect. 4. That it shall be lawful for the president of the United States at any time during the confinuance of this act, to order all such aliens, as 'he shall judge dangerous to the peace and safe'ty of the United States, or shall have reasonable ground to suspect, as concerned in any treasonable or secret machinations against the gov•vernment thereof, to depart out of the territo'ries of the United States, within such times as • shall be expressed in such order.' - Act of June 25, 1798, sect. 1. And all marshals and other officers of the United States, are required to execute all pre'cepts and orders of the president of the United States, issued in pursuance or by virtue of this 'act.' Idem, sect. 4. REMARKS On the precedents. 1. "The president is empowered TO LAY, AND TO REVOKE EMBARGOES. His discretion in establishing regulations, is only limited "to such as the circumstances of the case may require;" while his orders might be directed to, and must be obeyed by, all officers of the United States civil and military, he being constituted the sole judge of what orders were necessary, to carry an embargo into effect! pursuance of the powers expressly granted to the collectors by the law." 2. "The president's instructions to military and civil officers, are also absolute, without any limitation by law, or any use of civil process, to aid in execution of State Health Laws; to enforce the non-intercourse Laws against France; and to expel aliens from the country." Commodore Truxtun's fourth Resolution. "Resolved, That the eleventh section of the act violates a political and civil zight, more sacred than any constitution, in authorizing the military to fire upon the people, without the sanction or interposition of the civil authority. The principle contained in this section, if much further extended, might, with competent force, convert our government into an absolute despotism." ENFORCING LAW. It shall be lawful for the president of the United 'States, or such other per'son as he shall have em'powered for that purpose, to employ such part of 'the land or naval forces, 'or militia of the United 'States, of of the territories 'thereof as may be judged necessary, in conformity 'with the provisions of this and other acts respecting 'the embargo, for the pur'pose of preventing the il. legal departure of any 'ship or vessel, or of detaining, taking possession 'of, and keeping in custoly and guarding any spe'cie or article of domestic 'growth, produce, or man'ufacture; and also, for the 'purpose of preventing and suppressing any arm'ed or riotous assemblage of persons resisting the Custom House Officers in the exercise of their duties, or in any manner op'posing the execution of the laws laying an embar'go, or otherwise violating For assisting and abetting 'violations of the same.'Idem, Section 11. 1. PRECEDENTS, Under Washington and Adams. In every case arising under this act, it shall be lawful for the President of the U. States, or 'such other person as he shall have empow'ered for that purpose, to employ such part of 'the land or naval forces of the United States, 'or of the militia thereof, as shall be judged 'necessary, for the purpose of taking posses'sion of and detaining any such ship, or 'vessel, with her prize, or prizes, if any in or'der to the execution of the penalties of this act, 'and to the restoring of such prize or prizes, in the cases in which restoration shall have been 'adjudged; and also, for the purpose of pre'venting the carrying on of any such expedition 'or enterprise from the territories of the United 'States, against the territories, or dominions of 'a foreign prince, or state, with whom the United States are at peace'-Act of the 5th. June, 1794, section 7. That whenever the laws of the United States 'shall be opposed, or the execution thereof ob'structed in any state, by combinations too pow'erful to be suppressed by the ordinary course 'of judicial proceedings, or by the powers vest'ed in the marshal by this act, [the same powers 'in executing the laws of the United States as 'sheriffs possess for executing the state laws] it 'shall be lawful for the President of the United 'States to call forth the militia of such state, of of any other state, or states, as may be neces'sary, to suppress such combinations, and to cause the laws to be duly executed,' &c.-Act of the 24th May, 1792. 'Provided, that whenever it may be necessa'ry in the judgment of the President, to use the 'military force hereby directed to be called forth, 'the President shall, forthwith, by proclamation, 'command such insurgents to disperse, and re"áre peaceably to their respective abodes, with 'in a limited time. Ibid, sect. 3. REMARKS On 'The Enforcing Law." "In the • Enforcing Law, there is an authority ex given to call out such part of the military, as is judged necessary to execute the law. But it is not true, that the military are authorized pressly, or by reasonable implication, to fire upon the people, without the sanction or interposition of the civil authority. No such language or meaning can be traced in the law. 2. "The terms of the 'Enforcing Law' authorising a call upon the military, are evidently predicated upon the ascertained incompetency of the civil power to execute the law; for the call must be judged necessary to effect the 'specific purposes of the law: but if the custom-house officers can execute the law, with the aid of the civil process, it never could be judged necessary to call out the military. 3. "The Enforcing Law" does not require a proclama tion." To the candour of the reader I freely appeal. Let him carefully compare those various section together. Let him more particularly observe, that by the act of June 4, 1794, congress actually vested the president with the power of LAYING AN EMBARGO, "whenever in his opinion, the public safety should require it;" which was, so far as respects this important "The whole of this comparison of, as well as the remarks upon, these acts, are taken from a pamphlet, published in Philadelphia, in 1809, and entitled "The constitutionality of the Embargo Laws established by Precedent"-as luminous and unanswerable an essay as ever published. branch of legislation, an actual surrender of the legislative power into the hands of the executive magistrate and that they likewise conferred on him authority " to give such orders as might be necessary to carry into effect," the law which he had, of his own mere motion, the "legislative power" to enact. - When he has duly pondered on these circumstances-when he has fully ascertained that Mr. Jefferson's embargo act in no instance exceeded, and in many fell far short of, the rigour of former laws-will he not be lost in amazement, how it was possible so to excite the public passions, respecting this necessary measure, as to actually endanger the permanence of the union? for it is an indubitable fact that insurrection and rebellion were threatened and it has been repeatedly asserted, and confidently believed, that the tenth congress, through apprehension of that issue alone, repealed the embargo act. I ought not to ommit, that the legislature of Massachusetts actually passed an act making the enforcement of some of the provisions of the embargo law oriminal, and attaching to it certain penalties. It is out of my power to procure the act, or state its datails. But of its existence there is not the shadow of a doubt. CHAPTER XXVI. Patriotic Proceedings.* I annex a few specimens of the style and substance of the resolutions and legislative remarks upon the embargo-in order to satisfy the reader that I have not exaggerated the deplorable and disgraceful phrency of the public mind. Extract from the resolutions of the town of Gloucester, January 12th. 1809. " Resolved, That we will mutually watch and protect what little property we have still left-that we will use all lawful means to arrest disturbers and breakers of the peace or such others as may, (under pretence of authority from government) go armed by night,' or utter any menaces, or threatening speeches, to thorfear and terror of the good people of this town; and that we will ever hold in abhorrence pimps, and spies, and night-walkers, who strive to fatten on the spoils of their suffering fellow-citizens. "Resorved, That to our state government we look for council, protection and elief; at this awful period of general calamity" Extracts from the resolutions of the town of Bath, December 27, 1808. "Resolved, That we have hitherto borne with silence the severe pressure of *The factious, and seditious, and jacobinical proceedings that took place in the eastern states in the year 1809, and shook the government to its centre, were paraded in many of the federal papers throughout the union with great solemnity headed with the words "PATRIOTIC PROCEEDINGS," in staring capitals. It is trulv lamentable to reflect on the extravagant lengths to which the spirit of party leads its followers. Never was the word ** patriotic" more grossly misapplied. these ruinous laws [embargo laws] and although we now deem it our duty to speak with firmness and decision our detestation of them; and the policy which gave rise to them, we will still keep down the spirit of indignation which swells within us at this endurance of them; and will conduct towards the national government and its several officers with suitable deference and moderation; that we do, however, despair of obtaining any redress of these grievances, from that government, while its principle offices are filled as at present; and that our only hope is that the state governments, by their remonstrances and resolutions, may have more influence in effecting this object, than the petitions and memorials of individuals and towns. "Resolved therefore, That a respectful address be forwarded in the nam of the people of this town to the legislature of this commonwealth, stating to them the wrongs and grievances we already suffer, and the fearful apprehensions we experience of speedily having our calamity increased by the addition of still more restrictive and arbitrary laws; expressing to them our approbation of the measures they have already adopted upon this important subject, and requesting them to take such other immediate steps for relieving the people, either by themselves alone, or in concert with other commercial states, as the extraordinary circumstances of our situation may require." Extract from the memorial of the town of Boston to the legislature of Massa chusetts, January 25th. 1809. "The inhabitants of the town of Boston, in town meeting assembled, respectfully represent-That they are constrained to apply to your honourable body, as the immediate guardians of their rights and liberties, for your interposition to procure for them relief from the grievances which they now suffer, under the operation of the laws of the general government, abolishing foreign commerce, and subjecting the coasting trade to embarrassments which threaten its annihilation. Our hope and consolation rest with the legislature of our state, to whom it is competent to devise means of relief against the unconstitutional measures of the general government that your power is adequate to this object is evident from the organization of the confederacy." Extract from the proceedings of the town of Topsfield, January 15th. 1809. "Resolved, That such has beert our suffering, and so great is our alarm, occasioned by the extraordinary measures lately adopted, that we shall never be contented until we are secured from a repetition of the same evils. That a bare repeal of the obnoxious acts ought not, therefore, to satisfy a free and prudent people, any more than the repeal of the British stamp act silenced the patricts of that day-that there ought to be a solemn renunciation of the right thus assumed; and it is the opinion of this assembly, that legal and constitutional measures should be adopted for that purpose. "This assembly declare it as their deliberate opinion that there exists NO CAUSE of war with Great Britain; that such a war would be unjust, un. necessary, and extremely to be deplored; that the removal of the embargo will not necessarily involve us in war; but should this be the alternative, it ought to be a war with France, and not with Great Britain. "Inhabiting a part of the union the most engaged in foreign commerce, they think themselves qualified to decide upon its risks, and the nature and extent of the injuries to which it is exposed; and it is their firm belief that our commerce, unrestrained by self-destroying measures, might find many sources of profitable employment, without interfering in any degree with those principles of maritime law, which GREAT BRITAIN deems essential to her existence, and which in an eventful moment like the present she will NEVER YIELD " And this assembly cannot refrain from expressing their conviction, that neither the honour nor the permanent interests of the United States require that we should drive Great Britain, if it were in our power, to the surrender of these claims so essential to her in the mighty conflict in which she is at present engaged; a conflict interesting to humanity, to morals, to religion, and the last etruggle of liberty?" Extract from a Circular Handbill, published at Newburyport. |