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Un des symboles suivants apparattra sur la derni&re image de cheque microfiche, selon Ie cas: Ie symbols — ► signifie "A SUIVRE". Ie symbole V signifie "FIN". Maps, plates, charts, etc.. may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les cartes, planches, tableaux, etc.. peuvent £tre filmis A des taux de reduction diff6rents. Lorsque ie document est trop grand pour dtre reproduit en un seul clich*. il est film6 A partir de Tangle sup6rieur gauche, de gauche i droite, et de haut en bas, en prenant Ie nombre d'images n6cessaire. Les diagrammes suivants illustrent la mdthode. 1 2 3 32X 1 2 3 A 5 6 t r ■J ■ Gr 5 8> EECH OF Mr. GOODRICH, I 1955 IN THE SENATE, DECEMBER 19tH, 1808, vzr\^'^\^^ ij ON THE THIRD READING OF THE BILL MAKING FURTHER PROVISIONS FOR ENFORCING THE EMBARGO. Mr. President, This bill making further ptovision for .enforcing the enrbargo, requires all our attention. We are not on ordinary bu- siness. An embargo for an indefinite period, over a great country like ours, abounding in rich staples and domestic product", and carrying on in its own vessels an extensive and profitable commerce, is a phenomenon in the civi- lized world. We are about entering on the second year of this novel measure, and even iti defiance of the lessons which experier^ce teaches, that without pro- ducing any beneficial results, it is em- broiling the choicest interesfs of the nation. On foreign powers it has made no impression... and its ruinous etiects on our own country, we see in the waste of private property and public revenue, in the discontents of our citizens. ..in the perplexed state of the public councils, and the increasing difficulties that are fast gathering arouiid the government. The friends of the embargo say, that it has 1 eeo evaded and violated, but tliat when strictly enforced, it will com- ;iel foreign nations to respect our rights. Under these impressions, the ^^'stst** '* to be maintained. To enforce it, the powers of the government are to be put in array throughout our country, espe- cially in places where discontents are manifested.. .and an extension is to be given to that system of arbitrary sei. i-.-:c.-' us --1 - •'-"is. being intended for exportation, whicli came in with the embargo laws, and has attended their execution. In alt this, sir, I see nothing that is to conciliate the conflicting opinions and passions of our citizens, and restore con- cord amongst them. I see nothing that will invigorate the public councils, and resuscitate the dormant spirit and re- sources of the nation. To me it seems, that the administration, without present- ing to public view any definite object or course, are pressing forward our af- fairs into a chaos of inextricable difficul- ties. And I cannot but regard this bill as holding a prominent place among tlje measures leading on to that unfortunate issue. This bill bears marks of distrusts, en- tertained by the government of the peo- ple or a considerable portion of ihem, and of the state authorities;. ..It places the coasting trade under further and vexatious restraints, as well as its general regulation under the convroul of the Pre- sident :— It intrenches on the municipal polity of the states, and the intercoure of the people in their ordinary business;... And, what above all will wound the public sentiment, for the accustom- ed and mild means of executing the laws by civil process through the tribu- nals of justice, it substitutes military powers to be called out and exercised .__ .. _ . _ _ _ 1 1. _. ! _i _r .1... _ donie^ic products, on suspicion of theli'thorities. i SB' 2 'less ♦ the To shew ihattliLiit a correct delinea- tion of the character, principles, and provisions of the bill, lask, sir, your at teiitiuii to an elucidation of its most im- portant sections. Not having had time critically to ex- amine the two first, which have lately been introduced by way of amendment, 1 pass them without remark, leaving it for gentlemen who may follovv, to point out their extravagant and opressive princi- ples. This bill, as I before observed to you, sir, subjects the coasting trade to further and vexatious restraints, and places it under the controul of the President. It is enacted (Section 3.) "It shall 'not be lawful to put on board any ship * vessel, or boat of any description what- 'ever, any specie or goods, wares or raer- * chandize, either or domestic or foreign 'growth, produce, or manufacture, and 'the same is hereby prohibited, un n permit particularly articles thus to be laden shall •have been previously obtained from * the collector of the district in which ' such ship, vessel, or boat may then be, *or from a revenue oflicer especially an * thorised by the cellector to grant such 'permits ; nor unless the lading shall be ' made under the inspection of the proper ' icvenue officers, nor unless the owner * or owners, consignee or factor of such ' ship, vessel, or boat shall, with the mas- ' ter, having given bond with one or ' more sureties to the United States in a * stim six times the value of the vesse ' and c g<),that the vessel shall not leave ' the port without a clearance, nor shall, ' when leating the port, proceed to a ' foreign port or^lace, nor shall put any ' article on board of any other vessel ; 'and that the whole cargo shall be.re- « lauded either in the port where the ves- 'sel may then be, or in such other of the ' United States as shall be designated in • ' the clearance. And it shall be lawful ' for the collectors of the customs to re- *fuse permission to put any cargo on « board any such ship, vessel, or boat. ' atructions to that effect by direction of ' the President of the United States ; * l\i)vided, that nothing contained in this ' section shall be construed to extend to ' any ship, vessel, or boat, uniformly em- 'ployed in the navigation only of bays, • sounds, rivers, and lakes within the ju- ' risdiction of the United States, which 'shall have obtained a general permis- ' sion, agreeably to the provisions in the 'section of this act." TIjis third Section regulates all that^ branch of the coasting irade not confined^ to rivers, bays, sounds and, lakes. The sum required in the bond is six times the value of vessel and cargo, and, . as is said by those well informed, in most cases will amount to fifteen or twenty thousand dollars. It is apprehended, that many coasters will not be able to obtain sureties for that sum. Many of the owners of coasting vessels, are men of moderate property, belonging to the staling middle class of society in point of wealth, the most numerous and not least meritorious of citiz> 3, whom sudden & adverse changes, a.v . consequsnt loss of business, first affect and depress. Should the excessive amount of the bonds drive this description of coasters out of their regular employment and throw it into the hands of competitor^ of larger capitals, we shall have an addi- tional evil to those growing out of the embargo to deprecate. The coasting trade is nearly ruined already by the de- struction of the foreign trade. Both these valuable interests, like the other great interests of a free and commercial people, are interwoven with each other; and, while we are shut out from a com- mercial intercourse with the lestofthe world, the government ought to afford by every facility in its power an encour* agement to a commercial intercourse be- tween the states. The Collectors may refuse permission to put a cargo on board of any ship, yes-» sel or boat specified in this section whenever in their opinion there is an in- tention to violate the embargo, or when- Wlictiv VLT V ict.vTvt in their ""inion th.^ve. is an ever thev shall have received instruction; ' intention' to violate' the embargo, orlto that effect by direction of the Preii- « whenever they shall have received in-;dent of the United States. BB direction of ed States ; iined in this extend to iformly em- ily of bays, hin the ju- ;ate8, which iral permis- isions in the ates all that not confined^ akes. bond is six 1 cargo, and, . ned, in most n or twenty pprehended, ot be able to 1. Many of els, are men nging to the in point of and not least om sudden & qu3nt loss of press. nount of the 1 of coasters loyment and r competitors lave an addi- g out of the rhe coasting dy by the de- rade. Both ke the other ] commercial h each other; from a com- le lestofthe rht to afford >r an encour- kterconrse be< ise permissioa my ship, ves » this section here is an in- pgo, or when- >d instruction, of th« Preii- : 1 .1. Tlif. amouiit.of the bond pvpscribfd in Hereby the Collectors are fP»\^'Vl.thiTrauT three huudrJ.I dollars for be viceroysovercommercc in the sphere tj,.^claust. ^^^^^ ^^^^^ .^ .^ ^^^ they occupy under the supremacy ol the ^^^^' ^J'" ^;,^. „, ,, .^uat of its magnitude President. As we shall meet with an|Ohjetiionaui ^ ^ ._^ ..i.„..ivrri" analogi mTr'ks'on the dangerous po..cyu.vc,^^^^^^ ^,^^ respective p. . the Presiiient with such enormous P^^" ^" ;;^"j7^r the objects in view ; and it ers. . . ♦ f »v,p trnde u is more'crievous to the districts ot coun • The fifth section ^^^^^^'^^^^^^^'s ^ J^^^ on the trade and mtun.te- niformly earned _7.;%"r',';,S'l/ concerned in its prosperity. 1 u sounds and lakes. It is then. «"^"*^^'K^^- ..^j,,,,, of the ocean, we deny, ami Uhat the Collectors of the customs M"^;'^''^ '^ j,,,;,,! to our citizens ; that . ' and they are hereby aulhonzed to grant luvehn«^ ^^ ,^ ^^^^ ^ ^^^^ « under such general instructions as ^he between stat l ^.^^^ ^^ ^^^^ ^^^ •President of the United Staesn.ayj.veH^^^^^ '^.^^ ,,,, trade be- ..othat e^*«^t,a gene^^^^^^^^^^ the sLe .tate at the ' ships, vessels, or boats, whose ^»"P ^ . • ^f our embargo system. cmenthas uniformly been co"f.ned to shrine otb .^:^^^^^j ^^^^^^^^ :ion of bays, _ sounds, rivers ^J,he co vt g^ V^^ ^^ ^^.^ ^.„ • the navigat.w.. ^. — ^ , ... n *u ' or lakes within the jurisdiction of the 'United States, when it can be done without danger of the embargo bemg reculation of the president by this b.ll. 1st. Co.lectors may refuse permission to nut a cargo on board of any ship vcsst I '. . _- m.,u^-i^ ♦hf -^^ ,, to coast- ^owners, consignee, or fj^^jtor, of such dent but ttiP^^^^^^^^^ .^ ,1, or boat, and by the ^a^-Q v^J^^j^ " ^ '^^^^ rivers, and ,f. in an amount equal ta if^ree_CrTL\LL\v2\ have obtained a geae- ' ship, vesse ' ter thereof; in an amount equal tn ^^'rfei"*J'S»-'» ^' ^^^[[j'fi^ave obtained a geae- . Hundred dollars for each^i.no^^^ '*/„ !fj?'r a, ^'er mission. 2d- General permissions may he gran- ted to the last mentioned vessels, under ♦ vessel', that such vessel shall not, during ' the time limited in the condition of the 'bond, depart fronri any district «f *^;;i;;^;h^;;;;^^^^^^^^^ as the pn-si- ' United States without having previous- u«h g^» ^^.^^j g^^tes mav give, 'ly obtained a clearance, nor unti heja^nt o, ^^^^^^ danger of * master or commander shall have del.v-| hen c^^^^^^^^^ ^^ ^^^^ « ered to the collector or -^y^'' ^^ ^'^^f,^ ,^rd i^ih anicles'as may be .Icsiguated • port of departure a manifest of ^he ^"'^''^ "^ permission or perm.s^ 'whole cargo on board, that the said in sucti general i ' vessel shall not during the time above s.ons. instructions, the pre- • mentioned, proceed to any other P^;;!.^^;^'^'^ ^escribe the k-nd, and quan- •than that mentioned m her J»««'-^";,^'ff^S 'from, and imports into Ui« « or put any article on board of any o^^^- !>*{/ ?;.^,^P'''' .g and from and to the ' er Vessel, or be employed in any ''-eign'uidi ^^^^^ juicts within a state. He 'trade ; at,d that on every -^V'^f ^^ Pf,^,^^^^^^^^^^ 'triptbA whole of the cargo shall b«^ "'^^ '"^^^"^^^ issuing general instruc- Handedin a port of the United S/«te. Jhe povvei o^^^^^^^ ' within the biy, sound, rivers, or lakes tmns no. W^f^^^^^..^^^, .^ ^he rec -ss ' to which the navigation of such ^««««'fj^"':;^,3 ^d in my opinion, without ' is confined,* ° ' law. The govcrnonr of Massaciiusetts was authorised to give certificates, or li. < ences for the importation of Hour into that state ; and, under general instruc tions from the president, without person al suspicion of his own, the collector at Charleston in South Carolina, detained JJ vessel ; which called forth the indepen- dent exercise of the judicial power of the circuit court in thatstate, tocentrnul the piesidenl's instructions. lam sensible, the administration and its friends havu an ar accused the right ofpleading and giving in evidcnrr; the only matter of fact that goes to his exculpation? Of what use is the trial by jury, fur ages revered as the palladium of innocence against the oppression of power, if it may thus be narrowed down and perverted ? And for what cause is this principle to be in- troduced ? Are courts and juri( s (lis- trusted ? And therefore is it that the es- tablished usages and rules of trial rre to he abandoned? The secretary of the may this unbound- cd licence be exercised. Our houses, heretofore our castles, and the secure a- bodes of our families, may be thrown o ' and such general rules as ho may prc- ' scribe for that purpose, made i,i pursu- ' ancc of the powers aforesaid ; which in- ' structionsand general rules thecollert- ' ors shall be bound to obey : nor shall ' they be liable to any action, suit, or ' judgment on account of any detention • of vessel, or for having taken articles ' into their custody in conformity with ' such instructions and general rules." Here presidential instructions receive their last seal and stamp of Authority.... They are made binding on collectors; and, for acts done in pursuance of those nstructions, they are to be irresponsi- ble. These instructions, according to the hottesoi our tamiiita, ..."J — \ u dU nentothe visits of collectors to search terms of the bill are to become the su- for and seize our money and goods when-^preme la^. of the land, and obligatory Zer insticrated by suspicion, prejudice,'on thecourtsof the United Slates and of . " ^' ^r«oHvsnirit |the States. It mav be said, that, toren- NoDlaceis to be protected ; thepeo-der them authoritive, the instructions r.\. J«v everv where be exposed, at must be in pursuance of the powers gran- hiro^UheW, and abroad. Specie ted by the bill to the collectors, and «4od3 thus seized without warrant, and that they are mere executive dircc and Sn suspicion only, are not to be re- t.ons given for the purpose of produc moved unless and until bond with sure- mg a uniform ?nd systematic course of lip. shall be aiven, for landing or deliv-jproceedings among collectors. If indeed Jrinrr the same in some place of the Lathis be their object and intendment, why Stites whence in the opinion of the col lis the clause inserted? Since the estab- lector' there shall not be unv danger of lishment of the treasury department, it such articles being exported/ These pro- has been the practice of the secretary visions strike at the vital principles of a of the treasury to issue instruc- free government : And are they not con- tions to subordinate officers j but th.. vto the 4th and 5th articles of A- favourite embargo, to which all trarv niendments to the Constitution ? Are not these searcJies and seizures, without warrant, on the mere suspicion of a col- lector, unrcaiomble searches and seizures ? And is not a man thereby to be depriv considerations are made to bend, oft'ers the first instance of an attempt to give to them the force of laws. And a criti- cal attention to the section shews, that such is its intendment. Although it is ed"of propers, wUkout due process of law. declared, that to have the etlect, of laws. Such is the unprecedented nature and'the President's instructions must be in enormous extent of the powers given to collectors by this bill, and by what means, and in what manner, are they to be exercised ? By the 1 1th section it is enacted, "That the powers given- to the « collectors, either by this or any other ' act respecting the embargo, to detain * any %'essel,or-to take into their custody * any articles for the purpose of prevent ing violations of the embargo, shall be * exercised in conformity with such in- ' sti'uctions as the President may give pursuance of the powers granted by the bill to the collectors, it is to be remem- bered that collectors are to act in partic- ular cases on their discretion, under the President's instructions, which .'>re to be- general ; and neither the one nor the other are defined or limited by any pre., cise rule. Both are arbitrary within the spheres of their general authorities- Ami the Pres'dent's instructions arc ab- solute oil the collectors, and aitciiipted to be made absolute on the court for their indemnity. Thpy aro to be iwued from|thc standing army, or militia, and not time to time, as ffuuplemnritary lav\R to amenable to any tiiLiunal lor their con- enforce the embirgo. Mo direction given by the bill tur their b(;ing publish- ed, while they neceawrily will and must have important cftiL'Cts on the rights and interestH oi our citizens. Jt would still be some con>erations. It of a free go- y be kept in I powers, and 'till those be lirve the pub- But by the e presidential anding army to folhivv in ivi specie and id elsewhere, g the embar- public peace, ressing armed f persons re- Ficers in the ; would seem ;o the states... r to surround bands of the attorned on a he treasurj'... luous remon- chairman of ted the bill, d against the onage and in- I of the gene- i pohty of the incerns olf the liust standing armies gatives , Then no such .x.c.,.We pero- vital principle, of -■ , «P"'5»" '^ were claimed as thin bill contains ; i« such attempts made as here are made fur intrenchments on the inlemal polity tern. It proposes to placir llie country in a time of peace under military lavr, the first appearance of which ought here ^nr^^trlndth^^Sin^ c;.!ce;q resiled with all our talents, anc o the states and tnt r y J^.^^^^^ j^ eposes to .ntr.uUue a mill ot the people, and then, on Y I ,,,,,,„,i3„, to which Ireemen ca, i„ comparison wthtspre.^t \J^^ ^^^^^.^^ ^„j ^,„,,, ^n never go 7Z Ta e a'nd th pe" n^and pro- vern. except by terror and carnage. perty of the citizens. Our country was happy, prosperous, and respect- ed The presi'nt crisis is portentous-... Internal disciuiets will not be healed, nor public sentiment coatrouled by precipi late and rash measures. 1' •^J'^^^. f*' the public councils to pause. lh'»»'"' sir, ought not to pass. It strikes at the lioT?..—finbsequcnt to the delivery qf this speech, the bill was recommitted and the se. cond scclion expunged, and mmlifications xvere made in others, luithout cssentudli/ ■hani^lnii its most ohjectionable principles and provisions.