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^ • H ^ B> . "2- .r 
 
 ?ian/),io 
 
 Mr. HILLHOUSfilS SPEECI^/#^%^ 
 
 •M *% . 
 
 IN THE senate; 
 
 DECEMBER SI, /(P0i9 
 
 ;N^>^' 
 
 Jj^l^I^: 1935 
 
 Ofz fAi? B?7/ making further provision for enforcing 
 
 the Embargo, 
 
 Mr. president. 
 
 Before I proceed to remark on the merits of the bill under con- 
 sideration, 1 shall take the liberty of noticing some genoral obser- 
 vatuHis of the gentleman IVom Virginia, (Mr.Gir J which can havi 
 no bearing on the matter under consideration, and could have been 
 thrown out for no other purpose, than to impress the idea, that the 
 opposers ot this bill and of the embargo are acting under some un- 
 due influence or bias, and are en ieavoring to obstruct or paralvze 
 the energies of the nation in their operations against foreign agffres- 
 sjon. We are told of British capital, British agents, British gold • 
 in too close connexion with the opposition lo the embargo and the 
 present bill. Sir, if it is meant to insinuate that the opposers of the 
 embargo and of this bill are under stich influence, 1 despise the in 
 ainuaiioo. (Mr. Giles rose and declared he did not mean to throw 
 out the smallest intimation that the opposers of the bill were under 
 such or any other improper influence.) The character and conduct 
 of the greater part of that description of our fellow-citizens, who 
 Have been and still are opposed to the embargo, furnish a sufficient 
 answer to any such insinuations as to them. i\o, sir, our oppositioa 
 tothe embargo proceeds from far different motives; from f. thorough 
 conviction ot its inefticacy as regards foreign nations, and its ruin- 
 ous operatien as to ourselves. We are not willing to inflict a wound 
 on^ur own country, because foreign nations do us wrong. 
 
 lor the embargo. Sir, the embargo admits no substitute, h is a mea* 
 |t.re radically wrong, and stands in the way of every proper measure, 
 Remove the embargo, and then, and not till then, will the wav ii« 
 open to adopt measures for securing our commerce and defendini? 
 our rights I am not a little surprised thai the gentleman from Vir 
 ginia could make up his face to such an imposing call. Had that 
 gentleman run through the journals, from which he has read s 1* 
 passages he would have found, that during a long and uniS 
 course of opposition to a former administration, which was conduS 
 IT! acknowledged ability, *. was not in the habit of proposi^' . 
 mbsiuutes. He told UH what xvouldnot, but not what would do if 
 
 <li^»08,t.on to l«ten, I should net iieeitatet. expreimy opiait„\f. 
 
 • ti-: St 4:: ; 
 
 J]^ 
 
»f "•! 
 
 2 
 
 the proper course to be pursued. But so long as our nationafeoun* 
 cifs are under the Embargo ^flfl^ i^ny attempt at other tutasures 
 would be unavailing. dtit^Ot^^*-**"^^ 
 
 For the purpose of contrasting the present proceedings of Con- 
 gress with what was done in 1794, the gentleman from Virginia read 
 from the jourrf&ls some passages to shew *' that the nation then mov- 
 ed in a solid body."* Yes, sir, the unanimity and spirit then mani- 
 fested, does honor to the nation. But with whom were we contend- 
 ing then ? With England, i should have been much gratified if 
 the journals of 1798 (which the gentleman did not think proper to 
 read) had exhibited the same unanimity and spirit, when our righig 
 were violated by another power, and we were insulted by the con- 
 temptuous rejection of our ministers. Far otherwise was the fact r 
 there was then a violent and persevering opposition to the measure! 
 of defence then proposed and adopted ; and by the same dcscrip.. 
 tion of men who claim credit for a pre eminent share of patriotism t 
 a conduct to which I advert with reluctance. I was ready to vindi- 
 cate our rights against England in I?!)*, and at a much earlier period : 
 I was equally ready to do the like against France in 1798. It mat- 
 ters not to me from what nation injury or insult comes, 1 am ready 
 to take sides with my country in repelling it., not indeed bv an em- 
 bargo, but by any measures of energy which policy or prudence shall 
 dictate. I have never shrunk from taking my fuU share of respon- 
 sibility, when called to act on great national questions. 1 leave it 
 to those who have known and observed my public conduct, to de- 
 cide, whether I have manifested much solicitude to find out whir"* 
 would be the popular side. I, sir, am under no apprehensions . 
 being suspected by those who know me, of acting under foreign ot 
 any improper influence. My opposition to the bill does not pro- 
 ceed from a wish to shield from punishment the violaters of the em- 
 bargo ; those corrupt agents and friends of Britain, as the gentle- 
 man has described them. My opposition to the bill proceeds from 
 an unwillingness to see the liberties of my country prostrated by a 
 military despotism : the foundation of which I clearly discern in this 
 bill. Says the gentleman from Virginia, the Senate have declared, 
 they willnot repeal the embargo ; and they are now called upon t* 
 say it shall not Ue en forced... not so, the call is, that it should not be 
 enforced by improper means.. .means which endanger liberty and 
 violate the constitution. Better that the embargo should not be ex- 
 ecuted than that the constitution of the United States should be vio- 
 lated. 
 
 I extremely regret that the gentleman from Virginia should have 
 felt himself at liberty to travel cut of his way to cast reproach on the 
 judiciary. The judges, by a faithful discharge of their duty (some- 
 times being obliged to withstand popular error, and sometimes toin- 
 tet pose themselves between a defenceless individual and executive 
 
 55ower) are exposed to their full share of opprobium. No reproach 
 or the rejection of the bill to suspend the Habeas Corpus can fall on 
 
 the judges ; they had no agency in the business 1 have indeed 
 
 e^^ - -■ ' 
 
 
 
measures 
 
 8 of Con- 
 g'mia read 
 then mov«» 
 hen mani* 
 
 contend - 
 ratified if 
 proper to 
 our righig 
 y the con- 
 the fact : 
 
 measure! 
 
 dcscrip^ 
 itriotism t 
 7 to vintH- 
 er period : 
 . It mat- 
 am ready 
 bv an em- 
 ence shall 
 af respon- 
 1 leave it 
 ict, to de- 
 lut whir"* 
 snsions < 
 breigp of 
 i not pro- 
 f the em- 
 ie gentle- 
 eeds from 
 ated by a 
 rn in this 
 declared, 
 d upon t* 
 tild not be 
 ^erty and 
 ot be ex- 
 lid be vio- 
 
 3uld have 
 ich on the 
 ty (some- 
 mes to in- 
 executive 
 reproach 
 an fall on 
 ve indeed 
 
 !t|katbill1n so hasty a manner ; but it was not slanders contained }q 
 •ihewspaper paragraphs which I regarued...they have no more effect 
 #n my mind than ihe pas.sing wind. It was the manner in which 
 that bill was treated by the House of Representatives, that wounded 
 my feelings... I fdt for the honor of the Senate. 1 voted with the 
 gentleman from Virginia for that bill, though I did not at the time 
 Teel all the apprehensions which seemed to be impressed on his mind. 
 I did not apprehend that a rebellion excited by an individual not 
 cloathed with any official consequence or power, without resources, 
 and almost without friends, could ultimately endanger the safety of 
 the Union. But from the communications made to Congress by the 
 President, I was led to believe there was some treasonable proceed.^ 
 ing and rebellion which ought to be speedily and promptly resisted 
 and put down. Though 1 did not see the necessity of passing the 
 kill with so much haste as to subject the Senate to the charge of pre- 
 cipitation. ..yet being satisfied of the propriety of pas!*ing such a 
 bill, 1 felt a reluctance, as 1 always do, at interposing my vote in a 
 manner that may have even the appearance of throwing difficulties 
 in the way of ttieasures which regard the public safety. But no mo- 
 tives of delicacy, or any other cause, will prevent my opposing mea- 
 sures I think wrong in principle. The loss of the bill to suspend t.ie 
 Habeas Corpus was in no respect attributable to the Court or the 
 Judges. There was no interference on their part, nor any conduct 
 •f theirs that could warrant the gentleman from Virginia in making 
 the heavy charge " that the hostile propensities of a court against its 
 " owncountry and itsown government, were the reasons why trea- 
 •* son escaped punishment." In what instance have the judges inter- 
 posed a shield between guilt and punishment ? The principal leader 
 in that rebellion Was apprehended and taken to Virginia ; and I re- 
 joiced, at the time, that Virginia was to be the place of his trial j,.. 
 •o that no suspicion might exist of a disposition to favor his escape 
 from conviction and punishnieat. Aaron Burr was acquitted. ..whe- 
 ther from a defect in the law or testimony, I am not sufficiently in. 
 Ibrmed to decide. But I have no hesitation in declaring it as my 
 Opinion, that it was not owing to any indisposition in the judge to do 
 bis duty ; on the contrary, I think he manifested great integrity 
 and firmness in adhering to the established rides of proceeding in 
 criminal trials, which are the great shield of innocence against op- 
 pression ; and in giving a fair trial to a political opponent, against 
 whom the popular current ran high, and whose prosecution was aid- 
 ed by executive influence and power. The opinions of the judge 
 ire in print, so that every one can examine for himself, and form his 
 •wn. Thus much I may venture to say, that the gentleman from 
 Virginia would find it no easy task to point out errors. 
 ■ It is cause of regret when an individual, and much to be lamented 
 when a public body become so zealously engaged in the pursuit of an 
 object, as not to examine with randour the propriety or expediency 
 •f the measures by which such object is to be attained. In the present 
 oase, 1 fear that a zeal to enforce the embargo has blinded the eyes 
 hf som« to the coneequences likely to follow from the course of meai 
 
/' » 
 
 sitres now pursued, t fear also, that an error tias been coniniitteil in 
 pointing the debates and measures at a particular portion of the 
 union. ..as if violations of the embargo were confined to that quarter. 
 Think ye that the people of Vermont and Massachusetts have beea 
 sinners above all the people of the United States ? Have there been 
 no Violations of the embargo except in New-Engjand ? Yes verily. 
 The only diflerence is, that on Vermont has fallen that political tower 
 qf Siloam, the President's proclamation. On the coasts of Massachu- 
 setts and the sfates north of the Chesapeake, almost the whole of 
 our naval force has been sent to cruise, to detect and punish the 
 transgressions of their citizens. This has given an opportunity to 
 the southern states to violate the embargo with impunity. It has 
 been andstill continues to be violated, even in thatgreat and respecta- 
 ble state, represented in part by my brother Farmer (Mr. Giles) ;... 
 which state, he has assured us, not only acquiesced in, but applauded 
 the embargo, as a wise and salutary measure. To shew that I am 
 correct, I will communicate to the Senate some information. Ono of 
 thecommittee who had a principal hand indrawlng the bill, stated, 
 that he was informed by the Captain of a coaster (on whose inlorma- 
 tioh I should rely, being acquainted with him, and esteeming him a 
 man of truth, and who had the means of knowledge, being employ- 
 ed in navigating up and down the Potomack) that there was a great 
 disphy of activity and exertion in transporting the produce of the 
 country, particularly flour, to the banks of the river, and shipping it 
 ofl^for other markets. Confirmatory of this I hold in my hand other 
 iniormation..." Capt. Scovel, Avho arrived (at New- York) yesterday, 
 " (December ISth) from St. Pierres, Martinique, and Antigua, states 
 " to us?, that vessels which daily arrived in distress, in the ports he 
 " visited, were almost exclusively fio?ii the southern ports, and the greater 
 ^' number from the state of Viririnia, laden with flour and other pro- 
 *' visions.".. .^5^rtjK :..."Capt. Scovel who arrived here (at N. York) 
 " last Monday, (Dec. IS) from Martinique, via Antigua and St. 
 " Kitts, informs us, that while he lay at Martinique, a Virginia pi- 
 " lot-boat schooner arrived there with 750 barrels of flour, which 
 " the Captain sold for §30 per barrel. ..that while at Antigua, in the 
 /' course of four days only, three vessels came in there with full car. 
 ■'goes of flour from Virginia. ..that he saw at St. Kitts a Virginia 
 *!' schooner that had been at Barbadoes with a cargo of flour, sold part, 
 " aijd then came to St. Kitts with the remainder for a better market." 
 The Secr^tary of the Treasury informed that the flour which had 
 accumulated in the great flour markets of the United States, wag 
 ^one; what has become of it ? I have heard of no bonfires, except 
 Ai one instance, to consume some imported gin. One circumstance 
 stroogjy impresses on my mind a belief, that the products of that 
 State, Virginia, and even the article of tobacco, have found their 
 Way to foreign markets; which is, that flour and tobacco, at a parti- 
 cular period during the last summer, when the embargo was in full 
 "operation, rose to a handsome price, and that some of her citizens of 
 diHirtguished rank, were so fortunate as to avail themselves of that 
 
 i 
 
 C'"' — 
 
 /mnt'In.^.. •• r«^.^ l\jr.. »..i~.. I /ry o :»i.\ -I-- .-. -I 
 
 j|v«-.n;«iaij iiv;;i ittiuj JJUJIU ^VJCQ. iJiUUiij UISO SISICU SUIi- 
 
niitted in 
 on of th<s 
 t quarter, 
 avc beea 
 jere beei* 
 es verily. 
 ical tower 
 dassacbu- 
 whole of 
 jnish the 
 tunity to 
 . It has 
 respecta- 
 
 Jfilcs) ;... 
 
 pplauded 
 hat I am 
 Ono of 
 I, stated, 
 iatormu- 
 iiig him a 
 employ- 
 js a great 
 L-e of the 
 lipping it 
 ind otiier 
 e.sterday, 
 ;ua, states 
 ports he 
 he greater 
 ther pro- 
 NT. York) 
 . and St. 
 rginiapi^ 
 r, which 
 Lia, in the 
 I full car- 
 Virginia 
 «oId part, 
 market." 
 bich had 
 ites, was 
 s, except 
 jmstance 
 s of that 
 nd their 
 ta parti. 
 IS in full 
 tizens of 
 s of tliat 
 iicu sun- 
 
 dry viohitions of the embargo. From %vhich, and other informatloii| 
 I am induced to believe, that, there are not many states in the union 
 where the embargo has not been violated. The use I wish to make 
 of this information is, lo shew that this measure is not to have a lim- 
 ited or local operation ; but is to pervade our whole country, and 
 may affect every citizen of the United States. Let me therefore en- 
 treat this Senate to consider well before they give their sanction to 
 a bill which is to have such a general operation ; a bill wh'ch coni* 
 tains such novel and extraordinary provisions ; a bill which may en- 
 dani^er civil liberty, and lay the foundation of a military despotism. 
 
 On the recommitment of the bill, one very obnoxious paragraph 
 was stricken out, and others were altered. Some of the paragraphs 
 1 shall pass by without notice. The first to which I shall ask the 
 attention of the Senate, is the 2d section. That places the whole 
 trade and intercourse between the stattrs, at the arbitrary will and 
 pleasure of the president, collectors and special revenue officers; 
 there being no rule laid down by which their discretion is to be go- 
 verned. And who are these collectors and revenue officers, who 
 are to be entrusted with such unlimited power ? Not judges hold- 
 ing their offices independent of the Executive will, and free from 
 Executive influence. They are the mere creatures of the executive, 
 who are killed or made alive by the breath of the President. 
 
 This section provides that it shall not be lawful to put on board 
 any ship, vessel or bout, of any description whatevei, any specie, 
 •r goods wares or me-chandize, either of domestic or foreign 
 growth, unless a permit particularly stating the 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 officer specially authorized by such collector to g-ant sucli 
 permit; nor unless the lading shall be made under the inspection of 
 a proper revenue officer ; nor unless bonds with surety to the 
 amount of six times the value of the vessel and cargo shall be given 
 for relanding the whole cargo in the U. S. And ic is made lawful 
 for the collectors to refuse permission to put any cargo on board, 
 whenever in their opinion there is an intention to violate the embar- 
 
 fo; or whenever they shall have received instructions to that effect, 
 y direction of the President of the U. S. A proviso excepts from 
 the operation of this section, the bay and river craft. The bond de- 
 manded is ex! essive and oppressive. There is no rule laid down by 
 Tvhich the discretion of the collectors or revenue officers is to be go- 
 verned; or to point out to the citizens of the U. S. what they may 
 expect or claim as a right. The permit may be refused altogether, 
 opon the mere suspicion or jealousy of the officer, however un- 
 founded. What a door is here opened for partialitv and favoritism, 
 and to gratify party feelings and party animosities? And have we 
 not reason to believe it will, in many instances, be improved for the 
 most oppressive party purposes ? 
 
 Sect. 4th places the bay and river craft under the like arbitrary 
 discretion of the collectors; who are authorized to grant, uude^ 
 auch general instructions as the President of the U. S. may giv,e, 
 general permission, xohen it can be done without danger 6f the embargo 
 
$eins! violated, to take on board, at any time, such articles of domes- 
 tic or ibreigu growth as may be dwsignated in «uch permit; bond 
 with surety being previously given in an amount equal to three hun- 
 tlreil (lollitrs for each ton, conditioned that every article taken oa 
 board shall be relanded in the U. Statt's, and thut such vessel shall 
 hot be cu)i)l(>ye(i in any foicign trade &c. 
 
 - When the r gulaiion of the whole commerce and intercourse be- 
 tween the different states, is placed at the arbitrary discretion of 
 such an liostoi coilectorM, without any specific rule laid down in tho 
 law by which they are to govern their conduct ; will there not, un- 
 ilor this act, if it should pass, be danger, will there not be a cer- 
 tainty, that difltrent collectors will adopt difl'erent rules ? and that 
 cilirerent and greater restrictions will be put upon the commerce of 
 Kome states than others? which would be a violation of thjit clause 
 of the constitution which says, "that no preference shall be giveft 
 *' by any regulation of commerce or revenue to the ports of one state 
 " over those of another.'* — This clause of the constitution renders it 
 
 regulations of last summer. The governors of some of the stateii 
 were authorized to grant permits to impart flour: alike indulgence 
 was not extended to the governors of other states. In some states 
 piermits would be very liberally granted ; in others the collectors 
 would be rigid, and slop nearly all the trade of a state. 
 '■ The 5th section subjects innocent persons to penalties, confound 
 innocence and guilt, involving both in one common punishment. 
 After declaring the forfeiture of the ship, vessel or boat, together 
 tvith the specie, goods, wares and merchandize taken on boird. 
 Contrary to the provisions of the third section of this act, it goes on 
 to say.that the owner,or owners, agent, freighter or factor, mastier or 
 Commander of such ship, vessel or boat, shall moreover «<?fcra% for- 
 feit and pay a sum equal to the value of the ship, vessel or boat^ 
 and of the cargo put on board the same. By the provision of this 
 section, the inquiry before the Court and Jury will be, not whether 
 the person accused has been concerned in a violation of the embargo, 
 bot whether he be an owner, agent, freighter, factor, mas* 
 ter, or commander of such sriip, vessel, or boat; and he may have 
 been ignorant of any intention to violate the law; aay more, tho* 
 Apposed to such violation, he is to be adjudged guilty and subjected 
 to pdni.^hment. But, says the gentleman from Va. this is no new 
 principle, it has already been introduced and recognized by the re- 
 venue laws. To prove this, aqd that collectors are thereby authorit 
 sed to search for and seize g^oods, he read the 68th and 69th sections 
 of the collection law, of March 2d, 1779.* The great and leading 
 piincipL' of the revenue law is, that the penalty operates on th« 
 v^?o/>er/y in all cases except where a person is negligent, or knowini^. 
 ly guilty of a violation of the law; in which case there is superad- 
 tied a personal penalty. For example, a captain who neglects or 
 fcfuscs to ei;tur his vessel, or makes a false eatry, or attempts boruii 
 
;Ies of domes- 
 permit; bond 
 to three h un- 
 cle tuken on 
 li vessel shall 
 
 itcrcourse be> 
 
 discretion of 
 
 (1 down in tho 
 
 there not, un- 
 
 not be a cer- 
 
 38 ? and that 
 
 commerce of 
 
 >f tlv^t clau.<te 
 
 lal) be giveb 
 
 Is of one state 
 
 ion renders it 
 
 the rules by 
 
 certain, spe- 
 
 [uality in th« 
 
 of the stateii 
 
 e indulgence 
 
 1 some states 
 
 the collectorc 
 
 es, confound 
 punishment, 
 loat, together 
 ;n on bo4rd, 
 ct, it goes on 
 tor, mastier or 
 •severally for- 
 ;ssel or boatj 
 ivision of this 
 , not whether 
 the embargo, 
 factor, mas* 
 he may have 
 y more, thoi* 
 and subjected 
 lis is no neyr 
 ed by the re- 
 2reby authorir 
 69th sections 
 ait and leading 
 erates on thf 
 ;, or knowini^. 
 're is superacK- 
 o neglects or 
 Ueniptd boiuii 
 
 joodsand avoid the payment of duties, the ves-jel and goods arede- 
 cUred forfeit, and the tapiaiii and olh«ir persons concf:raed in sucli 
 Tiolatiou of the law, subjected toapoually ; but in no instance itr 
 the owner, agent, freighter or factor, who has no knowledge of such 
 ▼iolation, subjected to a penalty. True it is, the innocent owner 
 may be subjec ed to the loss of his vessel and goods ; but that got:% 
 Upon an entirely diilerent principle; which is, that the owner is 
 responsible for the good conduaof his captain or agent, so far as the 
 property goes that he entrusts in his hands. But it was reserved for 
 this bill to introduce into our code thecriminal ;jrinciple that Jan in. 
 nocent man is to be arraigned, found guilty and punished, merely 
 for being an owner, agcnt,4f freighter or factor. This is a princi- 
 ple that would disgrace the most tyrannical code of the most ty- 
 rannical government that ever existed. 
 
 Section 6, subjects the rfpwftd owner to the .^ame forfeitures and 
 penalties as are inflicted on the real owner in the preceding section. 
 So that an innocent person is not only liable to the charge of a 
 <:rime, but te a conviction and punishment, because his name hap« 
 pens to appear on a certificate of registry, enrollment or licence, or 
 the laj^t clearance or custom house document, though he may have 
 no interest or prppejty whatever in theship or vessel that shall vio^ 
 late the law, and no knowledge of such violation, or of any intention 
 to violate the law. This same section establishes unwarrantable re* 
 strictionson the sale and transfer of property. For it is provided 
 that no sale shall be recognised or rendered eli't'Ctual, until a bond 
 shall be given equal to 300 dollar? for each ton of such ship or ve*» 
 fe) HO proposed to be sold, conditioned that such ship r vessel shall 
 not, during the continuance of the embargo, contravene or infringe 
 any of the provisions of the said acts. A vessel of one hundred 
 tons burthen cannot be sold without entering a bond of 30,000 doli 
 Jars — an enormous bond, which very few, if any, such owners would 
 be able to obtain, though under the most pressing necessity of sell- 
 ing to obtain the means of subsistence, or bread for his family. W ho 
 would entangle his fortune with such a bond? Let me a^k the gen- 
 tleman from V. whether even to oblige a sutFering neighbour, be 
 would pledge his farm and mills by entering into such a bond ? I 
 bave too good an opinion of his prudence and foresight, to believot 
 he would thus encumber the place of his dignified retirement with 
 fiuch a bond; and if his patriotism would. not induce him to give 
 ij^h a bond, who is there that would doit ? As well might Con-, 
 gross pass a law declaring it unlawful to sell at .all, as tc pass this 
 law ; for it is an indirect mode of doing the same thing. And has 
 th^ , constitution given to Congress any such power? If we are 
 •loomed to sufiier under the embargo system, it is belter far to stop 
 ih^ coasting trud^ altogether, and chain our coasters, as are our other 
 tes&els, to rot at our ^harfs, than to disgrace our country by such an 
 act. An act which only tantaliaes our citizens with the shew of a 
 coasting trade, when by requiring excessive bonds, impiosinj; bur* 
 thensume restrictions, and siihmittinaf tlm whole to the arbitrary ,di.s» 
 ^retitn aod caprice of a h^stof c«)lle«ters, it will ia fact be anaihilji^^ 
 
 
, 
 
 ;! 
 
 8 
 
 ttj>, or nearly no; an art winch, under pretence of rrg„ln\ng tKc 
 ^!c of vessels, ha. requ/re,l a bond which, .n it. ..p.-ratum, woJid Irt 
 most ta.,e, amount to an ahaolule prohibition. An act which ope , J 
 d.x>r <or the met w..uon favouritism and cruel ..poressim' : an act 
 
 The 7th section contains a most extraordinary provision, a provl- 
 ..on which v.rtua ly gue« to deprive the party of his riJh of rfal bv 
 
 tHl^Jl "'rr;'' ?'^^"'^r''^^"*-'°' and make hisdefence. By 
 
 Secre 1 fffr-r "'"""' ^''''''^'''' '^ "''^ '^«' is referred to th^ 
 &ecrelary of the rreasury ; an .xecut.ve otticer holding his onire 
 a the pleasurcol the President, and residing in this city, the seat of 
 the general government, which, as re#ds the convenience o a 
 gear portion of the citizens of the United States, is a disunu land. 
 ihe section provides that in all suits on bonds given by v.rtu.- of 
 tins or any of the embargo acts, conditioned that goods, wares, or 
 merchandize, or the cargo of a vessel shall be relanded in the U. 
 Maes judgment .ha I be given against the defendant, unless proof 
 •hall be given of such relanding, or the loss of the vessel at sea But 
 BPither cnptme, distress, or oni/ot^ier accidait xvkatcvcr, shall be pleaded 
 or given in evidence in any such suit. What possible difference 
 can there be between depriving a party of his trial by jury altoge- 
 ther and prccud.ng the evidence necessary to his defence and the 
 •stabijshment of his innocence. Jt is an axiom admitted in all codes 
 t/iat the act of God shall prejudice no man. But bv this bill, if a 
 ▼essel bound, for example, from New- York to Newilaven, should 
 have a single hogshead of rum on board, and in a thunderstorm thig 
 should be set on fire and consumed, and the vessel fortunately escape 
 by the provisions of this bill, because the rf/anrfin^ of the rum, or the 
 iwj of the vessel cannot be proved, judgment is to goon the bond • 
 although the defendant has the most .ncontrovertable evidence to 
 prove the above fact (the destruction of the rum) a complete drfence 
 at law... not by custom house oaths, of which the g.ntleman from V 
 aeemsto think so lightly (and which I am sorry he should disparage' 
 as on them depends much of our revenue) but bj the oaths of th© 
 most respectable characters of our country, who may be on board 
 and eye witnesses of the fact ; nay, it. might happen to be the gen' 
 tJenaan himself. Another case. ..in ;i storm, to save t(»e vessel and 
 their lives, the crew and passengers throw overboard a cargo of flour 
 •r such as may ha on deck and in the way of working the ship • ' 
 proof of this is not to be admitted before the Court and Jury, but 
 judgment is to be rendered against the defendant. Manv other 
 such like cases might be put equally strong. Article 7 of the 
 amendments to the constitution provides, that " where the value in 
 •ontroversy shall exceed twenty dollars, the right of trial shall be 
 preserved.'* Two of the prominent articles of grievance set forth in 
 uie declaration of independence, are in these words : 
 
 " For depriving Hs in many cases of the ! enefit of trial by jury." 
 " For transporting us beyond the seas, to be tried for pretended 
 
gulating the 
 on, would \h 
 hicli opens a 
 }ion : an act 
 justice, 
 on, a provl- 
 lit of trial by- 
 party would 
 [fi'Teiict!. By 
 erred to the 
 g his oflirc 
 f, the seal of 
 Rnience of a 
 distant land. 
 hy virtue of 
 is, wares, or 
 d in the U. 
 inless proof 
 I at sea But 
 1 be pleaded 
 B difference 
 jury altoge- 
 nce and the 
 in all codes, 
 his bill, if a 
 ven, should 
 erstornn this 
 tely cscHpe, 
 rum, or the 
 I the bond ; 
 evidence to 
 lete dt fence 
 m froai V. 
 I disparage, 
 aths of the 
 ' on board, 
 be the gen- 
 vessel and 
 rgo of flour, 
 he ship :.., 
 1 Jury, but 
 Wany other 
 e 7 of the 
 le value in 
 al shall be 
 set forth in 
 
 I by jury." 
 pretended 
 
 Til) deprive the party of the right to pleader give in evidence 
 lirhat would establish his innocence, is to deprive him of his trial ; to 
 require a court to render judgment on a bond against the defendant, 
 who is prepared and offers liis plea and evidence, to establish acom- 
 plete and legal defence before a Court and Jury, is to deprive liim of 
 his trial by Jury, and u a denial of justice. And to send a defen- 
 dent thus condemned to the city of Washington to obtain relief is in- 
 deed sending him " to be tried for pretended olfence.s." But, says 
 the gentleman from V. by the humane provision contained in the 
 t>verfth section, the person thus unjustly condemned may escape the 
 penalties' of the law. And how \ J8y conforming to the law of 
 Idarch 3d, 1797, which provides for mitigatinij or remitting forfeit 
 tures, penalties and disabilities. That is, l)y going hundreds of 
 tniles from his own home to the City of Washington (little less in. 
 convenient than a voyage across the Atlantic) there to appear, not 
 before an impartial tribunal, composed of judges and jurors of his 
 own vicinity, free from all executive influence and party biass ; but 
 before the Secretary of the treasury, holding his office al the will of 
 the Executive. .»not in the manly attitude of a citizen boldi consci- 
 ous innocence, to defend his character against the imputation of be- 
 ing a violator of the laws of his country. ..but in the attitude of a 
 suppliant, against whom judgment has already been pronounced ; 
 humbly praying, on the bended knee, for the remission of the pe- 
 nalty of the law ; which he can claim, not as matter of right, but 
 of grace. Is it possible that free born Americans can submit to such 
 indignity ? Is it thus that the character, the feelings and the innocenct 
 of the American people are to be made the sport of an embargo sys- 
 tem } No sir, pass this law, and that system now oppressive will be* 
 come odious, more odious if possible than were the measures o\' th* 
 British Parliament which drove us into the revolution, induced us to 
 bear all the hardships of a long war, and severed the colonies from 
 the parent country. 
 
 Sect. 9 — Authorizes the collectors to seize or take into their custo- 
 dy, without warrant, without evidence, and at their own discretion, 
 spec4e, or any article of tlomestic growth, produce or matrufacture, 
 when there is reason to believe they are intended for expoitation } 
 or when in vessels, carts, wag^fonsj 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 whence 
 such articles are intenocd to be exported. This seisure may be 
 made, not only on board a vessel, but on the land ; not only in si 
 ©art, waggon, of sleigh, but wherever they may be ; provided there 
 is reason to believe they are intended for exportation. Money is 
 not kept in the highw^ay or open field; but in a house> in a desk or 
 private drawer; flour and other articles of produce are not kept in a 
 situatmn to be exposed to the weather, or other injury, but in ware- 
 houses or stores : when, therefore, an authority is giv« n to take these 
 articles, when the collector believes they are intended for exportation, 
 it is to take them where they are usually kept and may be expected 
 to be found. My house, I have always been taught to believe, was 
 my castle, my sanctuary, whete myself and property could remaifil 
 
 , I 
 
 i 
 
10 
 
 in perfect security; unless I should have forfeitetf the privilege by 
 some crime against the stale. But are we nut about to decJare, by 
 this bill, that a collector, and without any warrant from a civil 'ma- 
 gistrate, »nd merely on the ground of his own suspicion, and go- 
 verned only by his O'vn discretion, may enter my enclosure, my 
 store, ni}' dwelling house; and ther take into custody my money 
 and other articles ? That he may call the military to aid him in this 
 work ? In the progress of which, n.ay not my private and most con- 
 fidential papers be e\iw»sed i' Do not these things tend to irritation, 
 to resistance, to bioodsh J? Can suchjiegislative provisions consist 
 with a wise policy, with the principles of a free ^^ver'-imcnt, or the 
 constitution of the U. States ? 
 
 Jn article 4 of the amendments, it is provided, that *' the ric^ht of 
 *' the people to be secure In their persons, houses, papers and effect? 
 " noainst unreasonable searches and '.fizures, shall not be violated; 
 "and no warrant shall issue but upon probable cause, supported bv 
 " oath or affirmution, and particularly describing the place to be 
 " searched and the person or things to be seized." 
 
 The gentleman from Va. here, as in other instances, rests his de- 
 fence of this section on the law for the collection of the revenue, 
 and particularly on the same 08 section, which has been read. True 
 it is, that by that law the collector is authorised to go on board a vessel 
 and make search or seizure without warrant j but the moment he sets 
 his foot on the land, and wishes to make search or seizure, applica- 
 tion on oath must be made to a magistrate tor a ivarrant to be executed 
 in the manner directed. There has always been a difference in the 
 mode of enforcing the laws on board of vessels on the water, front 
 what was admitted on the land; and less formality and caution has 
 been observed in making search and Seizure on board of vessels thaa 
 what is required on the land, in our stores and dwelling houses. For 
 the purpose of executing the law of nations on the high seas, com- 
 mercial regulations and the collection of revenue, it has been found 
 necessary, at all times, to subject vessels to the inconvenience of be- 
 ing liable to search and seizure without warrant and without muck 
 iormality. A great discrimination has always been made between 
 vessels and houses. 
 
 There is another manifest distinction between seizures under the 
 Jaw for -jollecting revenue, and the present bill ; there the articles 
 seized are claimed to have become forfeited ; but by the present bill 
 there is a bare suspicion that they are about so to be proceeded with 
 as f hit they may become forfeited. Under those laws the property 
 is immedi'a?ely placed in the custody of the law, and under the ju- 
 risdiction of a Court of Justice ; "where the claimant can have a 
 t.-ial> and if he can make out a well founded claim, is entitled tea 
 restoration of his property. Ky this bill, the properly is held by the 
 collectors, and the owner has no way of obtaining the same but by 
 substifutiug a bond, with sufficient sureties (which the party may 
 not be able to obtain) for the landing or delivery of the same in some 
 place in the United States, where in the opinion of the collector, 
 there shall not b* danger of such article* being exported. 
 
11 
 
 privilege by 
 declare, by 
 I a civii ma- 
 on, and go- 
 iclosure, my 
 niy money 
 1 him in tin's 
 )d most con- 
 
 irritation, 
 sions consist 
 ncnt, or the 
 
 the riffhtof 
 ' and e(iect«, 
 30 violated ; 
 
 pported by 
 place to be 
 
 rests his de- 
 be revenue, 
 read. True 
 )oard a vessel 
 ment he sets 
 re, applica- 
 be executed 
 ence in the 
 water, from 
 caution has 
 vessels thaa 
 ouses. For 
 seas, con^. 
 been found 
 ence of be- 
 thout muck 
 de between 
 
 s under the 
 the articles 
 present bill 
 eeded with 
 he property 
 der the ju- 
 can have a 
 entitled tea 
 held by the 
 ame but by 
 
 1 party may 
 mie in some 
 e collector. 
 
 , When the collector has seized or taken money or other article*, 
 it is made his duty lo guard ihem ; which uiust be done either in 
 the place where taken, or in some other place to which he shall ia 
 his discretion remove them. And for the purpose of taking into 
 custody and guarding specie or any other article, the llth section 
 authorises the Presidem of the United States, or such other per- 
 son as he shall have appointed, to employ the land and naval forces, 
 or militia of the United States. Take either alternative, the lavr 
 cannot be executed without a violation of the constitution, lor 
 suppose it to be money, and to iwoid any question about^ an unreo- 
 ionable search, we will suppose the collector present in uiy house, 
 and sees me count and place a large sum cf money in my desk' 
 which he believes is intended for exportation in violation of ihe em- 
 bargo, and makes a seizure, as would be his duty under this bill. If 
 tlie money is not to be removed, he must, or may, intioduce a soldier 
 or soldiers into my house lo guard it ; which would be in direct vio. 
 Jation of the 3d article of the amendments to the constitution, which 
 says, "no soldier shall in time of peace be quartered in any iiouse, 
 '* without the consent of the owner ; nor in time of war, but in mani 
 "nertohe prescribed by law." If the money is to be removed to 
 some other (in the opinion of the collector) safe place, then is there 
 a violatian of the 3th article of the aiuf nUtuentii, which ?ays, that 
 no person shall be " "'eppiv-ed of his lite, liberty or property/with- 
 *'out due process of law." 
 
 Sec. 10. Gives to the President's m/rt'rt /n^?v,<and the ruin he may 
 prescribe, the authority of /«tf. Are we prepared for this, to au- 
 tborise the President to make produmaiion laivs .? In that section it 
 is provided, that the powers given to Collectors " shall be exercised 
 *' in conformity with such instructions as the President may give, 
 " and such general rules as he may prescribe for that purpose, made 
 " in pursuance of the powers aforesaid. ..wiiich instructions awd 
 " general rules the Collectors shall be bound to obey :...And if a.iy 
 ** action o^suit be brought against ^ny Collector or other person act- 
 " ing under the directions of and in pursuance of this ad, he mav 
 " plead the general issue, and give this act and the instructions and 
 "regulations of the President, in evidence for his jusiificaiion and 
 " defence." Neither in this or the former act is there any rule laid 
 down by which the President's instructions are lo be governed con 
 sequently, they depend on hie own arbitraiy will and pleasure.'.'.and 
 It is made the duty of the Collectors to pay implicit ooeaietice to those 
 i«struction8...and through the Collectors they are to opperate upon 
 the property and conce-ns of the people. Tmrt is no moJe pointed 
 out by which these instcuctions are to b^ piomulgaied and msde 
 known, as are the laws. B the constitution, all laws are to recti- e 
 the sanction of the two branches of the kgisbture and be approved 
 by the President. But acrording to this s ction, the President's in. 
 structjons, proceeding from the recesses of the palace, and commu- 
 nicated only to the Collectors, are to hnve the bidding foice of law-« 
 are to affect the properly and conc-rn^ of tue citiz^-ns of the Uni^ed 
 btates— are to controul the cour':s o' justioe—oud thus violtte th-t 
 sanctuary which has always be. n tsteemtd a great bulwark tn .>-i,.,ra 
 
12 
 
 the liberties of a free peoplf . Tlisee instructions are to be given in 
 evidence on unjr suii against the officer for his justification and de- 
 fcnctr. If the officer is bound to obey those instructions, the courts 
 must necessarily be bound to receive them as evidence in justifica- 
 tion of the Collector — the constquence necessarily follows that they 
 must controul the cours of justice. 
 
 To support the prin- iple of this section of the bill, the gentleman 
 from Vitginic has read to us a law of the United States passed in 
 June, 1794, authorising the President to tay an embargo, provide 
 the necessary rtgulationsr for carrying it into effect, and for revoking 
 the same."^ Whether I did or did not vote for that lav/ I do not now 
 recollect ; the yeas and nays were not taken. But I have no hesita* 
 tion in saying, that with my present impressions, I should under like 
 circumstaJjc s, votv for such a law, tither undur the then j^diainis- 
 traiion or the present. We then had disputes with the British go- 
 vernrnenr, which, unless settled by the negotiation then pending, must 
 terminate in war. We had adopted every defensive measure in our 
 power, and Congress were about to adjourn, and wait the issue of the 
 nrgotiotion. If unsncccasful it might bseome necessary suddenly to 
 B'op our vessels in our haibors, previous to a declaration of war.- - 
 Congress could not be convened, so as to pass a law, much short of 
 two months. It resulted therefore, c<s a necessa-y consequence, ihat 
 the power must be lodgvd some where i and where more properly 
 than with the chief Magistrate ? In my opinion, the power to lay 
 an embargo is not given to Congress by that clause of the constitu- 
 tioti. which gives the power to regulate commetce ; it is in direct 
 hostility to comr? erce. The power to lay an embargo follows as a 
 necessary appendage to th'* power of making war. The case migUt 
 happen when even the commanding oRicer of the army might oe 
 justified in laying an embargo on all ihips and vessels in certain har- 
 bors and rivr.rg, when Uvcessary toaida military expedition then on 
 foot. Ti.c Parliament of England have the sole power to regulate 
 eommtrce ; the Kingh .s the power of declaring war and of laying 
 an e.nbtUgo, But this is a power to be exercised with great caution ; 
 it is a measure temporary in its nature. The present is, I believe, 
 the firjt rx{)triment of a ptrmancnt embargo. It is a power, when 
 given to the Executive, which is to be carefully guarded ; as was the 
 law in 1794; by wiiich the President was not to lay an embargo 
 v^\^en Congress were in 'ession ; nor that should continue in force 
 but for a short lime after Congress shotdd convene. 
 
 To enable us to form a correct opinion in this case, it is proper to 
 inquire what is an P^mhaugo. An embargo, in its nature and legiii- 
 mate import, is most emphatically « measure, not effecting the inter- 
 Dal policy of a countiy, but operating upon the water, in relation to 
 ships and vessels. Its proper element is the xaatef) not the land : 
 but Congress, daring llie last session and the present, have been la- 
 bouring to convert this neater fotvl into a land turlle, which might 
 creep into the inclosure of every man in the nation. Upon these 
 principles, an embargo law, or resolution, would be very short, as w^s 
 Ihetin 1794. Bv»t in the present efisie. Congress have aGCumiU:ite^ 
 
13 
 
 be given in 
 
 lion and de- 
 
 s, the courts 
 
 in justitica-. 
 
 ivs that they 
 
 le gentleman 
 es passed in 
 rgo, provide 
 for revoking 
 I do not now 
 ve no hesita* 
 Id under like 
 en i^diaii)i£» 
 : British go- 
 ending, must 
 isure in our 
 
 issue of the 
 ' suddenly to 
 m of war.- - 
 uch short of 
 quence, that 
 :)re propetly 
 power to lay 
 the constitu- 
 is in direct 
 
 follows as a 
 : case niigUt 
 ny mij^ht oe 
 
 certain har- 
 tion then on 
 ' to regulate 
 nd of laying 
 reat caution ; 
 is, I believe, 
 power, when 
 ; as was the 
 an embargo 
 Hue in force 
 
 t is proper to 
 •e and legiti- 
 ■■g the inter- 
 n relation to 
 ot the land : 
 liave been la* 
 ivhich might 
 Upon these 
 short, as w-»» 
 accumiUate^ 
 
 one long intricate statute upon another, until the property of the 
 whole country is involved within their grasp. In short, the effort 
 ha" been to convert an embargo into a non-exportation act. In this, as 
 in many other esses, a wong title has been adopted ; and from that 
 circumstance urises much of our present embarrassment. Had the 
 law of 17i)4, giving to the President ot the United States, the pow- 
 er of laying an embargo, so confidently relied on by the gentleman 
 from Virginia, as justifying the powers and principles of the present 
 bill, contained s»/c/< powm, and such principles it never would have 
 had my support cr my vote. It would have merited confagratimy 
 and to have been burnt, as on another occasion was the law of a 
 state, bv no ordinary fire. 
 
 Mr. 'Pre^,id«-nt, after enumerating such a catalogtte ol arbitrary 
 reslriciions, oppressive regulations, and unconstitutional provisions, 
 comprised in this one bill, could it have been imagined that tliere 
 was one obiecuonable section still left for consideration, more alarm- 
 ing than any that have preceded ? One that makes a full stride 
 towards the introtiuction of a military despotism. It is Section U, 
 which says, « That it shall be lawful for the President of the Uni- 
 « ted States, or such other person as he shall have empowered for 
 « that purpose, to employ such part of the land or naval force, or mi- 
 <'litia of the United States, or of the territories thereof as may be 
 « 'iud{^ed necessarv, in conformity with the provisions of this and the 
 « other acts respecting the embargo, for the i^urpose of preventing 
 ** the illegal departure of any ship or vessel, or of detaining, taking 
 " possession of, and keeping in custody any ship or vessel, or of tak- 
 <« ing into cu^ody and guarding any specie or articles of domestic 
 <' gro\vth,produc2or raanufacture,and also for the purpose of prevent- 
 « ing and suppressing any armed or riotous assemblage of persons re- 
 •' sisting the custom-house ofTicers in the execution of their duties, or 
 « in any manner opposing the execution of the laws laying an em- 
 " bargo, or otherwise violating, or assisting and abetting violations of 
 « the same." Here we see the military called on, in the first instance, 
 to execute the laws— taking the It ad under a military chief;, not 
 following in the tiv.in and under the direction of the civil magwtrate,as 
 ought invariably to be the case in a well regulated free government. 
 Under such a government, the laws have always been carefully 
 guarded, to keep the miliiry in subordination to the civil power. 
 Once permit the military to get the upper hand, and your liberties 
 are gone. By this bill under whose direction is the ttiilitary, in the 
 bosom of a state, to be placed ? not of the Chief Magistrate of the 
 state, nor of any officer who has received his appointment from si 
 sVate, or whose appointment has been made with the advice and con- 
 sent of this Senate ; but of a pi? son who is to receive his appoint- 
 ment from the President's sole authority. That no such power as is 
 contained in the provisions of this bill, is necessary for the purpose 
 of executing the laws, or quelling insurrections, is manifest trom 
 ■pa?t experience. Under this constitution we have had one insurrec 
 tion,and also a powerful combination to resist the execution ofth§ 
 laws. What was the conduct then I Fortunately for our country, 
 
I 
 
 i 
 
 : i 
 
 14 
 
 •ur then Chief Magistrate was both a soldier and a statesman. \ 
 8tt.te«m8n who was duly sensible of the importance of k^epin? the 
 military m subordination to the civil power. In the Western Insur- 
 rection, a considerable military force was cnlled our, to the amount 
 of thousands, and marched against the Insurgents, but they were 
 preceded by the Marshal of the district, the Attorney and the Jml-^! 
 And instead of military extcuiioi., the mild process of the civil law 
 vras resorted to : .nd was found sufficient to bring offenders to jus- 
 ^ce, and maintain the majesty ol the laws 1 he insurrection ias 
 quelled, and tranquill.ty restored to our coun.y. The combination 
 under tries to resist the execution of the laws, was ahosupprensed 
 by a resort to the like mild but efficient measJres. No suS^^ 
 w«s then made that it ivas necessary that more of the military should 
 bejitroduced into our civil code. 
 
 the la s of the United States, and the State laws have made am- 
 pie provisions for calling in the aid of the n»i!itary, when necessary 
 to execute the laws. By the act of February 28, 1795, the Presi- 
 dent IS cloathed wuh ample power to use military forc^ to execute 
 
 iv'r W h'^'T^ '^' u"''""'^ prerequisite ofu proclamatiou, and 
 by the ninth section of th. same act, the Marshals are cloathed with 
 the same power and authority, to enable them to execute their duty, 
 as is given to the Sheriffs m the several Stat.s. And that this is 
 sufficient, the experience of every state evinces. Why this attempt 
 to plaee the execution of the laws, in the first instance, in the hands 
 of the military ? Why this innovation on our ancient usage? I 
 lear it bodes no good to our country. 
 
 Has tb : embargo w! ' hfwas professed to be laid for the bene- 
 volen purpose of « preserving our vessels, our seamen and our mer- 
 chandize, become so unpopular, so odious, that it cannot be execu- 
 ted through the mild nudium of Courts of Justice ; but that the 
 country must be put under martial law, and the bayonet of tlie soldier 
 substituted in the place of the Tribunal of Justice ? If so, it oughl 
 to be repealed. In a government like ours, resting wholly on the 
 
 popular voice, no law ought to be continued that will require a mili. 
 tary execution. ^ 
 
 I do hope, and must hope, until the signature of the President to 
 llM 1-f ^ J»""»"c^d to the Senate, that this bill will never 
 pass the different brancr.es, and be approved bv the President. The 
 plea that it is nticessary for carrying the embargo into effect, will not 
 justify the measure. This s«me plea of necessity has always been 
 
 J!™ r '/ 'r'"^\ ^' '' "^ '"^^'" ^ '^^» P-^i^« run high,^and un. 
 
 hlilfTl'V '"',/'''' '""'"^"^ ^'' ^^'"P'*^^' «"<^ precedents esta. 
 bli.hed, that evtntually overturn the libertivs of a country. 
 
 I do not believe. Sir, that the citizens of the United States are vet 
 
 prepared to surrender their liberties at the shrine of ei.hcr foreien or 
 
 domestic tyranny ; though it should be recommended by the^most 
 
 popular of their favourites. The American people are too well aC 
 
 quamted <vith the history of former Republics to submit °heir necks 
 
 to the yoke, and to wear the chains of slavery, however guilded, and 
 
 though mviled to wear them by the seductive voice of ^^ 
 
15 
 
 esman. A. 
 
 eeping the 
 tern Insur- 
 he amount 
 they were 
 the Jutlje, 
 e civil law 
 lers to jus- 
 ection was 
 ombinMtion 
 iuppressed 
 suggestion 
 :ary should, 
 
 made am- 
 necessary 
 the Presi- 
 execute 
 latioii, and 
 ithcd with 
 their duty, 
 lat this is 
 is attempt 
 the hands 
 Jsage 
 
 ? 
 
 the bene- 
 ': our mcr- 
 be exccu- 
 t that the 
 lie soldier 
 h it ought 
 lly on the 
 re a miiio 
 
 !sident to 
 will never 
 nu The 
 , will not 
 ays been 
 h aiid un«. 
 enis esta* 
 
 s are yet 
 oreign or 
 the most 
 well ac- 
 ir necks 
 Ided, and 
 tv soirit. 
 
 When it shall he discovered (and an attempt to execute this act, if 
 un^ortu V I' ly it shovdd i)4ss, Mill open the eyfs of ths pe'>;:>lc) and 
 Ihuy will liscover, thm tijere is an attack oh ci^ril liberty, th.- pai'ty 
 diss ndons which now distract our unhappy countrv, uvirl are the 
 cautje of so much mischief, 'vill disippi: '-r ; and pnhlic spirit, not- 
 withstandinsr the opi^ralion of political sopi'rifics, njust beawikeuej., 
 The p'^ople, comin;^ forth in th^^ir might, would at oucc put dow.i the 
 first essay towards the \yovs{o^ despotisms, a military despniism. 
 
 In my mind, the present prospect excites the inosi se. ions ;.ppre- 
 hensions. A storm seems to be gathering, which poriends not a 
 iempest on the ocean, but dornestick convulsietis.-^Howtxet p .inful the 
 task, a sense of duty calls upon me to raise my voioe, and use- :ny 
 
 utmost exertions to prev'.;nt the passing of this bill 
 
 I feel mysflf bound in conscience to declare, lest the blood of those 
 who may fall in the execuli'm of this measure should be on my he.d, 
 that I do consider this to be an act which directs a mortr\l blow at the 
 liberties of my country ; an act containing unconstitutiu-nul provi- 
 sions, to which tbt' people are not bound to submit, and to which in 
 my opinion they will not stibmit) 
 
 * Sect. 68. " And be It further enacted, That every collector , nava' officer and 
 surveyor, or other pel son specially appointed by ether of them for that I'urpose, 
 shall have full power and authority to enter a>iy ship or vesse' in which they shall 
 have reason to suspect any goods, wares or march ;ndize, subject lO duty, arc con- 
 «ealcd. and therein to search for seize and secure any such goods, wares or meichan- 
 dire ; and if they shail have cause to suspect a concealment thereof in any particu- 
 lar dwelling house, sore, bu.lding, or other place> they or either of them shall 
 Uoon proper application upon oath, to any justice of the peace, be entitled lo a 
 warrant to enter such house, store, or other place (in the dav time only) and there 
 to search for such goods; and if a 7 shall be found, to seize md s»c,Ke the sam5 
 for trial ; and all such goods, wares and merchandize on which the duties shall 
 not have been paid, or secured to be i;aid, shall be foifeit^i'd. 
 
 Sec. 60. Aivl be it further enacted, That a I goods, w .rcsor merchandize, which 
 shall be seized by v rtiie of this act, shall be put mto and remain in the custody of 
 the colector. or sich other person as he shall appoint f -r that purpose until such 
 proceedings sh ill ' e hid as by th ^ act are requ.red, to ascert.in whether the same 
 havp b-et) torfeted or nor ; and if it shal be a<!judged th.it they ar« not forfe ted, 
 •hey shall be resto-.ed to the owner or ci, n claimant O: claimants there- 
 of; and if any person or persons .^hal conceal or buy any goods, wares or mer- 
 chandize, knowing il.em to be li .ble to seizure by this act, such person or pcisous 
 shall, on convxtioa thereof, forfeit and pay a sum double the amount or value Qb 
 the goods, wares or merchandize so concealed or purchased. 
 
 f An Act to authorise the President of the United States to lay, regulate and re- 
 voke Embargoes, 
 Sec. I. Be it enacted by the Senate and House of Representatives of the United 
 States of America in Congress assembled, Thit the Pies.dcnt of the Un ted IStatcs 
 lie, andheherebv is authorized and empowered whenever in his o-iinion the public 
 safety shall require, to lay an embargo on all sh'p-^ and vessels in the ports of the U. 
 States or upon the (li-ps and vefTe's of the United Slates, or the (lups and venels o£ 
 and foreign nation, under fuch regu'ations is the circumftances of the c-.fe may re- 
 <juirt and to continue or evoke the fme, whenever he fliall think proper. And 
 tdic Prefidcnt is hercliy'fully authorized to give all i'ucb orders te the oflkcrs of tfte 
 
^"-3x,v:^7sr-Pws;*'« 
 
 16 
 
 United Statra, at may be neceffarv to carrv the fiine into full effect : Provided the 
 authoritv .forcfiud fhali not be eypiofed while ihe Congrcfs of the United ''latrs 
 be in femon : And any emba ^ which ma>' be la d by the P efident, a» aforefaid, 
 Jhr.il ce fe and determine in fifteen days from the iictual meeting of Conzrcf*. next 
 ««fter laying the fame. o a . 
 
 Sect. z. And be it further en ;cted, That this jcc fhall contiBue ai d be in force 
 until fiitcen day» after the commencement of the next fcllion of Congrcfs, and no 
 loader. Approved, June 4^ 1794. 
 
 -i35^35^35&r 
 
 K 4 '■ 1 
 
 l^rinieibjt J,Robmon, ofice (^ the Federal Republican, Baltimoie. 
 
 ...f 
 
Provided the 
 1 United ''latp* 
 t, a» aforefaid, 
 Congrcfs, next 
 
 Jid be ill force 
 ngrcfs, and do 
 
 aUimoie. 
 
 ...f