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/l T Ol'J* a
PROPOSALS
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''C*c,lV Os AUGUSTA.
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Wfeil r C objca S oM iiber^ haS lcft trace*
*^ c S e ! under every government
C her footfteP , - nefs of Man.-
wkich , h j Great Lord Baton
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tniinid* o* Ac S fft (hcw# u , how to ,
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MIRROR OF THE lIMES.
1 ’.r._ J=..T-T-.=
Mr. GILES’S SPEECH,
On the bill more effectually to en
force the. Embargo /arts.
( Concluded. J
Extract from one of the existing
laws:
Sect. 74. “ That if any officer or
other person, executing or aiding
or assisting in the seizure of goods
shall be sued or molested for any
thing done in virtue of the pow
ers given by this act, or by virtue
of a warrant granted by any j udge
I or justice pursuant to law, such
i officer or other person may plead
; the general issue, and give this
ao.t and the special mailer in evi.
dence : and if in such suit the
plaint ff is nonsuited, or judge
ment pass against him, the defen
dant shall recover double costs ;
and in actions, suits or informa
tion to be brought, where any sei
f zure shall be made pursuant to
J this act, if the property be claim
ed by any person, in every such
case the onus prebandi shall be
upon such calimant.”
•ane geintcma.. Connecti
cut (Mr. Goodrich) not conont
i with finding fault with the partic»
ular provisions of the bill, has
ventured to give it a general char.
' acter. Me has ventured to call it
j“ a military despotism* This i
surely would be a most alarming
| mark to sramp on the forehead
iof this bill. If true, the bill
wouid certainly be left without
an advocate, but, sir, before I en
i ter into an examination of this
harsh and uncharitable suggestion,
j permit me to ask what is the si
tuation of the United States at
this moment, as it respects peace
or war l—lt cau haidiy be said
that the U. States are at peace,
whe.n two belligerents are making
war on them ; when some of the
essential attributes of national sn
| vereignty, are attempted to be
forcibly arrested from them. The
most that can be said, if we are at
all at peace, is, that it is a peace
i like war, and in my judgment
| would authorise the adoption of
any measure, which would be jus.
tified in a state of war. And in
tiie event of warfare we to expect
to meet with little cavils and dif
ficulties of this kind, with every
measure which may be proposed
for the annoyance of the coihtnon
enemy ? I hope not, sir. if w c
should, unfortunately be driven
into war after so many patient ef
forts to avoid it; I hope and trust
, it will not be a war like a peace :
But that the whole energy of the
nation will be brought to bear up
on the enemy both by land & sea.
I hope the war will he vigorous ;
and in that case, I am sure that
it will be short an successful. Let
me, then sir, under this exposition
of our real situation, examine this
terrible suggestion brought agaiust
this bill— what is it, which has
doomed it to this unwarrantable
reproach ? The only section which
has the remotest reference to the
use of military force, is the ele
venth, which is in the following
woids—
cct* 11* And be it further enac
ted, I hat it shall be lawful for the
president of the United States, or
such other persons as he shall
have empowered for that purpose,
to employ such part of the land &
naval forces, or militia of the U.
States and ot the territories there
of, as may be deemd necessary, in
conformity with the provisions of
this and other acts respecting the
tmbargo, for the purpose of pre.
venting the illegal departure of
any ship or vessel, or ot detain
mg, taking possession of, and
keeping in custody, auv snip or
vessel, or of taking into custody
and guarding, any specie, articles
of domestic growth produce or
manufacture, and also lor the
purpose ot preventing and sup
preanuig any aimed or riotous
“ HOLD THE MIRROR UP TO NATURE.” $/lCl«espcart.
assemblage of persons resisting
the custom house officers in the
exercise of th>:r duties, or in anv
manner opposing the execution
ot the laws laying on embargo, or
otherwise violating, or assisting
and abetting the violations of the
same.”
It will be found upon examina
tion, that this section contains no
new piinciple ; hut like others
which have been objected to,
merely applies an old principle to
a new object. In justification (A
this assertion, permit me here to
read an extract from an act of con
gress, which will be found in the
7th volume of the lawy, page 3<>o,
in the following words—they will
be found to be precis, ly of the
same import, with the material
words of the sectiou under discus
sion.
A n act for the more effectual
preservation of peace in tueports
and harbors of the United State »,
and in the waters under their jur
isdiction.
“ Sec. 5. And be it fcfV. that
whensoever any armed vessel of a
foreign nation entering the har
bors or waters within toe jurisdic
tion of the United Staies and re-"
quired to depart there from, shall
fail so to do, it shall hr lawful for
the president of the United States
or such other person ns he shall
I have empowered lor that purpose,
to employ such part of the land and
naval forces of the Untied States
it the militia thereof \ as he shall
deem necessary , to compel the said
armed vessel to depart UV.
Bur, sir, as gentlemen in the
opposition may have more respect
for a precedent in 1794, which pro
bably received the sanction of the
votes of all those then in congress,
I will furnish them with one of
that date expresly in point, it
is in the following **ords-*3 vol.
laws, page 92.
An act in addition to the act,
for the punishment of cernm
crimes against the U. States* Ap
proved the sth June, 17<J4.
“ See. 7. Be it enacted £l?c. That
in every case in whicha vessel shall
be fitted out and armed, or at
tempted so to be fitted out or arm
ed, or in uhicu the force of any
vessel of war, cruizer or other
armed vessel shall be encreased or
augmented, oi in which any mili
tary expedition or enterprize shall
be begun or »et on foot contrary
to tue prohibitions and provisions
of this act ; and jn every case of
the capture of a ship or vessel
vvithio the jurisdiction or protec
tion of the United States as above
defined, and in every case in
which any process issuing out of
an> couit of the United States
shall be disobe) ed or resisted by
any person or persons having the
custody of any vessel of any'foreign
prince or state, or of the subjects
or citizens ot such prince or slate :
lu every such case i: shall be law
ful for the president of the Uni- ;
ted States, or such oilier person
as he shall have empowered for !
nat purpose to employ such part
of the land or navui forces of the
United States or of ihe militia :
thereof, a* shall be judged neces
sary for the purpose of taking
possession of, anti detaining any
such ship or ves&ci with her prize i
or prizes, &c.
in all these cases the principle
is precisely the same. It is the
application of the physical fotce
ot the nation to tarry into effect
its laws in different forms, accor.
ding to the different objects to be
effected by it.
But, sir, as I know how easy
it is to &Ui m the public sensibili
ty by the suggestion of u military j
despotism,” without examining I
into its applicability to the case !
in question t I will take the liber-;
’y of giving a short history of the
proceedings of tne government in
relation to ihis subject.
| in the year, J 792, shortly after
tho establishment of tiiQ, govern
1 men?, it was foreseen bv congress,
J th at a state of things might exist,
! which would require the physical
1 fsuce of the nation to be called
faith to execute the laws cf the uni
on, suppress insurrections, Jk repel
invasions* At this time, bowe
j ver, no occasion having occurred
, to render a resort to th«s remedy
{ necessary considerable precaution
j h delicacy were manifested in ma
king the provisions lor this object.
Accoidingly on the 2d day of May,
irs2alaw for this purpose was
passed, his not necessary now
to read it, but merely to remark,
tha: it was accompanied with ao
many precautions, and consequent
delays, that upon the first experi
ment made under its provisions,
it was found to be ineffectual.
This occurred in the inturrec
tioQ or the apprehended insurrec
tion of Pennsylvania, and shortly
after an act was passed for the
same purpose repealing the act
in question, and dispensing with
most of* its dilatory ceremonies,
which were found rather calcula
ted th /defeat, than effect the oh.
ject, in the event of a prompt and
formidable resistance, &<;. This
j aercontains the following amongst
other provisions ; $ Vol Laws page
I*9.
“ An act to provide for calling
i forth the militia to execute the
i laws of the union, suppress iusur
tions,and repel invasion*. A c .
Sec. 2. That whenever the laws
of the United Stares shall be op.
posed, or the execution thereof
obstructed in any state, by com
binations 100 powerful to be sup
pressed by the ordinary course of
judicial proceedings, or bv the
powers vested in tile marshals by
this act, it shall be lawful for the
president of the U. States, to cal!
forth the militia of such state, or of
any other state or states, as may
be necessary to suppress such com
battalions and cause the laws to be
duly executed , and the use of the
militia so to be Called forth may
he continued, if necessary, until
t he expiration of thirty days after
t he commencement of the then
n ext session of congress.
Sec. 3. Provided always, and be
it further enacted, that whenever it
mav he necessary in the judgment
of the president to use the military
force hereby directed to be called
forth, the president shall forth
with by proclamation, command
such insurgents to disperse and
retire peaceably to their respec
tive abodes within a limited time.”
it cannot escape observation,
sir, that the authority given to the
i president to call out the force of
the nation, was limited to the
militia only, in both the laws re
ferred to ; at that time such were
tire apprehensions or fears of em
ploying tiie regular land and naval
forces lor tile purpose of cxcuting
tiie laws, Stc that the authority to
employ them for that purpose, was
; actually withheld from the presu
| dent. Hut subsequent events have
1 taught us the necessity and pro
! of dismissing such ground
| less alarms. I. tvus discovered by
tiie insurrection of Burr, that the
i United btales might be attacked
and threatened by the most seriotfs
i hangers in parts where the militia
| couid not be brought to act with
effect, & it was rendered probable,
that the most exposed and defence
less parts would generally become
the objects of attack ; accord.ngl^j
congress did not hesitate to pass a
| law, | believe unaiiimosly, (at least
I recollect to have drawn the law.
j and do not recollect any opposition
to us passage) solely for the pur
pose of authorizing the president |
| to employ the land and naval forces
;in all cases in which h e wag pre- !
j viously authorized to call out the!
: militia. The act is in u,e following :
words : 8 Pol page 311. ” i
*' An act authorising the employ- ;
ment ot the land and naval forces
cf the United blutes m case* of in- *
aurrectiun. I
MONDAY, February 13, 1399’
“ That in ail ca>cs of insurrec
tion or obstruction to the laws
either of the United Mtates or of
an individual state or territory
where it i* lawful for the president
of the United States to call forth
the militia for the purpose of sop.
pressing such insurrection or of
••aiming the laws to be duly exe
cuted, tt shall be lawful for him to
employ, for the same purposes,
such part of the land or naval
force of the United States as shall
be judged necessary lirst
observed all the prerequisite of the
law in that respect.”
In all these cases congress pro
ceeded upon this rational ground
of applying the force to the object.
It ts now proposed to proceed
on the same principle and apply
ing the force to existing objects.
What is tile natura oi the obstruc
tions to the laws now proposed tube
suppressed ? Why, sir, they gener
ally are forcibly seizing and car
rying away from the custody of
the revenue officer, vessels or other
property seized by him for viola
ting the embargo law#, ft ig a
mere scuffle between the rtvcua
officer* and onprintiple banditti
possession of property.
Now sir, in appiytng the public
force to this object would it not
he perfectly absurd to require that
the president should be sent to
from the extreme of the United
States to issue liia proclama
tion commanding the insurgents
to disperse &c. when there sole
object is to disperse, as soon as tile
mischief is accomplished ?—this
too would be almost instantaneous.
It certainly would sir. This is
surely a stronger case than the
one which called fourth precisely
a similar provision in 179-i lor
suing, &.c vessels intended to be
fitted out as privateers in violation
of the existing Jaws; this case is
before referred to i n the course
of these observations. The neces
sity and propriety of this provision
is so obvious, that the people them
selves have discovered the want of
it, and are now beginning to ten
der their services for enforcing the
emborgo laws, i n places wnere
they have witnessed their viola,
non—and shall congress be deter
red troni accepting tnis the honor
able and patriotic tender of their
services ? As an honorable testimo
ny ot tins factj I have just had put
into my hands the pamo., c reso
lutions ofthe people of the town
oi Mariilenead in Massachusetts.
!“ e > arc highly honorable to
toe patriotism, disinterestedness
and good sense of the people of
mat town, that I beg leave to pre
sent them to tlie senate in their
own words:
“ M * ulCetin g of the freeholders
, otners, inhabitants of the
tewn of Marblehead, legally
convened at the town house in
& ai *o«n, on Tuesday, the 7th
Ua >’ of December l|nß, at half
pJat two o clock in the after
noon.
Ca pt- Richard James Moderator.
:' c following resolves being
rea ’ was uuauitnouiy voted
that they pass :
Resolved, I hat this town contin
ues stcaufast ill the f a uh that the
ein largo law was a law of wisdom,
t at the president and congress
o toe Dinted Sratet* are entitled
am s ia!L receive our warmest
thanks for their early attention to
toe independence, liberty and just
of the union, and particular
ly the commercial part there
of.
Resolved , r * hat this town will use
all the em rgy they possess to carry
into full effect all laws the present
congress have or may enaci lor the
support oi our just ami equal rights
as an independent nation, against
tbe uf'juatirible, tyrannical, and
imperial orders and decrees of tho
belligerent powers of Duiope, by
proffering 10 our coumry, our pro
perty ami services.
I Voted, A committee be appoint
| td to toai.simt to Josepir 3;ory,
[N'o. XVlli.J