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I Three Dolls, per ann.J
Volume VIII.]
From the Georgia Express.
lAn enquiry into the constitutionality x
\ the necessity , the justice , and pol
icy of the embargo lately laid
upon law in this state.
NO. /.
Fellow - Citizens ,
It was with surprise and astonish
ment that I saw the proclamation
of the governor convening the le
gislature ; not being able from the
apparent situation of the (late, to
discover the nectflity of it.
I have l'een with still greater a
mazement and much regret, the
law that has paiTed, since their as
semblage. The caption of this law
is, “ An a& to alleviate the condi
tion of debtors, ana to afford them
temporary relief.”
This law provides, that no pro
perty heretofore levied on, or
which may hereafter be levied on,
by virtue of any execution, fhali
be fold ; provided the defendant
will give security for the amount of
the judgment and coils ; and that
no civil process fhali issue from any
of the courts, or any civil case be
tried, except in cases for the trial
of the right of property, either real
or personal j and in case, where a
debtor is (actually) about to leave
the state.
Three quedions of importance
arise relative to this act:
1 ft. Is it constitutional ?
2d. Was the diftrefled situation.
of the state, such as to render this
att neceffiry ?
3d. Is the act as patted calculat
ed to promote the public good ; or
was it not rather patted in the form,
and couched in the terms in which
it is, for the express benefit and re
lief of foine particular individuals ?
I will firft inquire into the necef
fitv of the act; for if it was unne
ctffary to pass it, it would be need
less (before it patted) to inquire in
to the conflitutionaiity of it.
His excellency, in his cohimu.
nication to the legislature, when
convened, fays that “ his object-, in
convening them at that time, v:as
to afford them an opportunity, of
devifmg fome mode of relieving
our fellow-citizens from theeinbar
raffments, into which they have
been thrown by the aChs ofcongrefs
laying an embargo.” And that,
“ The general government, in a
dopting this measure, has afiumed a
dignified attitude, which mutt affedt
all the European nations equally
alike; and it becomes our duty, as
good citizens to support the gov
ernment in the pofiiion which it
has taken, and to do this with the
more efFedt, it appears to me ne
ceflary that the severities of the civ
il law should be, in fome degree,
relaxed ; at lealt until the deprtffed
(late of our intercourse with foreign
nations (hall wear a different afpewt”
The only pretext.then for laying
this embargo upon law, or the only
ground upon which his excellency
and the majority rest their juttifica
tion for so doing, is, that the legif
facure of the United States has laid
jn embargo upon curvilLL; in
Washington, f Georgia J Printed weekly for Sa 11*01 Htllhouse.
consequence of which, produce has
.fallen a. fourth or third in its price;
or rather in that price which we
hoped and expedted it would have
brought us.
The causes that led to the em
bargo ads have long been known,
and a flep similar to the one taken
by the United States’ government,
has long been anticipated. It was,
by the repeated intuits and depre
dations of foreign nations, reduced
to the fad alternative of taking this
measure, or involving the country
in a war; the horrors and miseries
of which, every good man would
iincerely wish to avert.
His excellency, however, fays
that, “in his opinion, these acts
have brought the country into such
a distressed situation” that w the fe-.
verities of the civil law should be
in fome degree relaxed.” I will,
however, with due deference to his
excellency’s opinion, appeal to the
good sense and found judgment of
my fellow-citizens, and enquire
whether, in their opinion, the ef
fects of these embargo ads, have
been such upon this ttate, as to
juflify this extraordinary, almost
unprecedented flretch of legislative
interference, so as not only to “ re
lax the severities of the civ’i law”
but, by a (ingle blow, to cut it up
by the roots.
If the state was really c< in the
distressed situation” which the go
vernor has solemnly declared that
6< in his opinion it was,” why has
not his exellency, or fome of the
friends and advocates of the law,
come forward and shewn to us, in
what, and how, vve were so diftrefT
ed ? It strikes me that we could
hardly be so completely distressed,
as to render it necessary altogether
to do away law, and to place our
selves in a situation nearly approx
imating to the ttate of nature, with
out law, and the probability is, if
we remain long in this situation,
that we (hall be without credit. If
inconveniences had refused to us
from the embargo adts (as they un
doubtedly have) I should have sup
posed, that remedies might have
been applied, calculated to meet
thefe’ inconvenieneies, and better
calculated to meet the general in
terests of the ttate, than by a sweep
ing act, to do away all law—it mutt
be an ignorant and unfkilful Purge
on that will attempt the cure of a
flight fradture, no otherwise than by
an amputation of the limb. But I
will examine for a moment the ar
gument, which those who attempt
at all to juttify the law (and to she-v
the “distressed situation of the
ttate”) use. They fay that proper
ty will net bring its value: l will
aik them what the value of proper
ty is, and how it is afeertained ?
Mo reasonable man, or one, who
underflands any thing about the
method by which the value of prop
erty is known, will fay that it is
worth more that what it will bring
the vendor in money when exposed
to market. Money, then, is the
ft an dare by which the value of prop
erty it The price# therefore
SATURDAY, JULY 2, 1808.
I of the fame articles and the fame
kind of property, nmft fladtuate in
proportion to the plenty or scarcity
of money* and the demand for the
article.
But even admitting the value of
property to be what it brought last
year ; we will fee if we can discov
er from a companion of this, and
the last year’s price, such a “dis
tressed” ftafe as his excellency has
represented.
Cotton, the staple commodity of
our state, in the years 1801 and 2,
brought the planter twelve & thir- ?
teen cents in the pound—in the
year 1807 it brought him seventeen
and eighteen cents—in the com
mencement of the year 1803, it !
bii&nps him-bur twelve
pound in money, and thirteen and , l
fourteen cents in difeharge of his
debts.
1 he article of cotton, I conceive
. to he one, the growing price of
| which from year, to year may be 1
! more accurately traced than any o- j
| the'r, and from the view vve have •
taken of it (the fairnefs of which I j
trull no one Will mfpute) we have r
found that the price of it has fludt
u naiad since the year 1801 to this
j time, from twelve to eighteen cents.
Supposing then that every planter
! has loft fix cents on every .pound of
his cotton, can ar.y reasonable and
unprejudiced man fay th it in his
opinion, that couid have placed the
state in such a gloomy and “diftref
i fed” situation as to require a total :
| day of all civil proceedings ? But
j in the years 1801 & 2 there was
j no called feilions of the legislature,
there was no outcry about the stay
of legal proceedings,—and why ? j
j The clamorers fay that cotton had
then never borne a higher price !
o jr <
| than twelve and thirteen cents, and :
; that the planters had not run so \
| deeply in debt as they did when
cotton rose to the price of fifteen
1 and sixteen cents. As they have
therefore, imprudently and wirhout
consideration involved themselves
in debt—as they have for two or
| three years anticipated their crops,
j and have contracted their debts
with an expectation of paying the n
with cotton at fix teen & seventeen
cents in the pound, but have been
disappointed, and the price of that
article has fallen to twelve & thir
teen cents, they therefore conclude
} that they ought to receive fome in
dulgence, and that too, through the
agency of the supreme power in the
country —the legislature, the grand
! council of the state, mutt be called i
in for their “temporary relief.” The ;
j facts I can very readily admit, the
| conclusion however, appears to me
! not quite so corredlly drawn. To
| make the difference between the
price which a man actually gets for
his produce, and the price which
he was in hopes he should get, the
measure of his diftreifes would be
pronounced absurd by every man ;
yet I apprehend it would puzzle
even the inventive genius of his ex
cellency’s secretary to point out
any other rule bv which the major:* ;
ty and his excellency were govern*
[Payable half yearly.
[Number SS3.
ed, when they passed their a£t for
“temporary relief.”
But even by this rule of cakula*.
ting the “ distresses” of the state,
what are they this year in compari
son with the last when thowfands of
cur citizens were in a state of fthr
vation—when iuftead of cotton fall
ing four or five cents in the pound,
corn had risen five or fix dollars in.
the barrel; but no extra ft (lion of
the legislature was called to flop
the process of law, and afford
“temporary relief.” But his ex/
cellency’s cribs, like those of Jb
fcfh in Egypt, were moll probably,
well lined with corn, and in
full enjoyment of his loaves snd
fifhes of executive office, and/cot*-
ton bringing a good price, Ije was
then in out a poor situation/ to dis
cover and feel the “ diftreffls,” of
the people.
I his law, however, is said to
a “ temporary” one, and
only for a short time. But how is
it known that the embargo on yef*
fds will not endure these fix years
yet ? If so, the embargo upon law
mu ft endue as long. For it would
be like children’s play in the Leg
islature (which, I trust his excel
lency and the majoriiy will nevej*
be caught dabbling in) to fay, by
an adt this year that becaufa prod*,
uce does not b; ing so good a price
as it was expected it would do, that
no man (hall be compelled to pay
his debts, and next year while tho
j fame cr.ufes exist, which occafion*
! t’d the firft Taw, to fay, that every
n ilvuil pay his debts let produce
be what it will. The idea, how
j ever appears to prevail, and is coun
■ tenanced by th..!'e in favor of the
j law, that the embargo wiil certain*
ly be railed by the twenty fifth day
: of December next, and that cotton
; will then bring the planter thirty or
forty cents. II the embargo is *0
continue* “until the deprefled fl ue
of our foreign aftfiirs wears a differ*
ei t afpett,” ut.lefs we have greater
afiuranees of a j acitic dilpofuion in
foreign nation# ibi.n ci j>iv.ient, it
mult continue for years yet. I r.tn
like wife of opinion, that those who
calculate on getting great prices for
their cotton next winter, (thoulft
the embargo then be railed) wiil
discover that they have been build*,
ing cattles in the air. All who are
acquainted with the machinery of
cotton manufactories know that
they are with difficulty and expence
kept in repair—they v>ould there*
fore in the course of three or four
months without u!'e, get in such a
disordered ttate, that it would, re
quire as many months to put then*
iu a situation lor business. Ths
manufaclurcrs for want of materials
Will be ddlitiUe of employ ; they
mult turn their hand to something
to procure their fubfittence. Th?
Enghfh want IbKiieis, they- want
mariners; fame will enlist in the
army, thou finds wiil be iin pr effect’
into ihe navy ; by these means tha
factories will be exhausted of vvork
men in the couife c f fix or eighf
months, and it wiil icquire double
tha; time tg iuppiy U:sua a o am.