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PUBLIC INTELLIGENCER.
Joi. 11. No. 84.]
THE INTELLIGENCER,
.SHfELISHEB ON TUESDAYS AND FRIDAYS
, By NORMAN M‘LEAN,
GN THE BAY,
iT SIX DOLLARS PER ANNUM, PAYABLE ONE
HALF IN ADVANCE.
CONGRESS OF THE U. STATES.
IN SENATE.
Mr. GILES’S SPEECH,
On the bill more effectually to en
force the embargo laws.
Mr. President ,
I am sensible that I ewe an apol.
Ogy to the senate, as chairman ot the
committee, for not having made an
exposition of the objects anti princi
pies of the bill reported for considera
tion, at an earlier flage of the discus,
fion. 1 his oin>ln on has not in the !
smallest degree been influenced by !
any apprehension, that these objects |
and principles are indeLnfible; but |
in fome degree from a desire to fereen :
myself as much as possible, from in
termixing in discuflions; a talk which
is never agreeable, but is at present
peculiarly distressing and afflicting to
my feelings. I also thought, that the i
fdlion had already been fufFiciemly
fruitful of difeuffions intimately con
ned with the bill before us : and i
that the public intcrefh at time
requited cfltxon. I know too, fir, that
1 owe an apology to the fen ate, for
the great number of amendments
which, under their indulgence, has
been made to this bill after it was fuff
presented to their consideration. But
hr, you will fi id fome apology in the
intrinfle difficulty and delicacy of ihe
fubjett idelf, and also in the disposi
tion manifefted by the committee, to
give to the objections made by the
opponents of the bill, that refpeaful
attention, to which many of them
were certainly entitled; and to accom
modate its provisions as far as possible,
to tne views of thole gentlemen. Af
ter every effort, however, to effect
this obj .Ct, it ftii! appears that the bill
prints temptations for addre fling the
popular fenfibiiuy, tco (trong to be
refilled by gentlemen in the opposition.
They have accorcingiy with great zeal
anvi ability, dcfcribed the provisions
of this bill as dangerous and alarming
to the rights and liberties of the peo
ple. This, fir, is the common coutfe i
of opposition, and applies to everv
urong measure requiring the exercise
of much executive diferetion. I think,
however, l shall be able to shew, that
there is no new principle contained in
the provisions of this bill; but that
every provision it contains, is amply
juftified by precedents in pre-extfting
Jaws, which have not been found to
be so defbudive to the rights of the
people, as gentlemen ftrenuoufiy in
fifl similar provisions in this bill will
be, if they receive the fanttinn of law.
In performing this talk I shall bring
into view oniy such parts of the bill,
as have been objected to by gentle
men, preluming, that as their objec
tions have evidently been the refuit of
great mduftry and deliberation, all o
ther parts of the bill remain unobjec
tionable. Ifh dl also, perhaps, avoid
fome of die observations refpe&ing
nuuute details; apply mv remarks
generally to principles; and thus bring
my observations and replies into as
ihort a compuls as possible.
‘I he gentleman from Conneßicut,
(Mr. Goodrich) commenced his re
run ks by uechuing the embargo to be
a permanent meature, and depreca
i.ng its effects, as ruinous at home and
SAVANNAH, FRIDAY, Januakj 20, 1809.
ineffectual abroad. Thcffi cbferva
’•it n; have be n repeatedly made by
‘hers, and already replied toby feve
*l gentlemen, as well as myfdt; and
I am fhengthened in ihe correctness
• f hole replies by all the fuitber re
flations 1 have been enabled to be
llow upon them. This part of the fub
je£t will, therefore, be pafled over
without further notice, except to re
mark, that perhaps one of the causes
of the inefficacy of the measure abroad
has been the unprincipled violations
of its proviiions at home ; and tfie
great and leading objett of the present
bill, is to prevent loch violations,—
Upon this part of the fubjed, I am
happy to find that one of its moft
strenuous and judicious oppofers ( Mr.
Hillhoufe) has informed the
senate, that the provisions of ihe bill
are admirably calculated to eff ct the
object—and if in their practical ope
ration, they should realize the charac
ter anticipated by the gentleman, I
shall feel no regret fur that portion of
labor I hve bdtowed upon them.-
Indeed, I shall congratulate the com
mittee as we!) as my fell in having been
so fortunate as to find a competent re
medy for so great an evil.
The gentleman from Connecticut,
(M. Goodrich) informed us, that the
public councils are pteffmg on to mea.
futes pregnant with ihe moft alarming
re fulls. I hope the gentleman is mil
taken in his appiehenfions, and l
should have been much pleated if the
gentleman had been good enough to
point them to a better cou ff—but. fir,
lie lias not done so, nor has any gen
tleman on the fame fide of the quefh
en. Indeed, sir, it would give me
great pleasure to do something that
would be agreeable to our eastern
friends; but, unfortunately, arftidft ail
the innniic difficulties, which ptefs
upon us, that feeins not to be amongfi
the lea ft of them. The genii men
themselves will not exoliciily tel! us,
what would produce that effect —and
I am inclined to think, that nothing
short of putting the government in
their hands would do it. Even this
would not be ex- mpt from difficulties.
The gentlemen from that part of the
U. States, re nearly equally divided
among!! themselves respecting the
proper course of measures to be pur
sued, and there is an immense majority
in every o<her part of the U. States, in
favor of the measures proposed ; we
are therefore surrounded with real and
intrinsic difficulties from every quar
ter, and those of a domeflic nature an
infinitely the molt formidable; and
the moft to be deprecated. Indeed,
fir, under present circuuiftanc.es, the
administration of the government can
not be a pleasant task ; ami in my
judgment, it requires a great effort of
! pamotifm to undertake it, not on ac
count of external pressure,., but on ac
count of internal aifeontents, ftimuia
ted too by so many deplorable passions
and so many artful intrigues. Tut
for these unfortunate c ire inn fiances,
every gentleman would feel an honor
able pride in contributing his efforts
to devtfc measures for repelling for
eign aggreffion*, and he would court
ths relponfibiluy attached to his fia
lion : I would not, Mr. President,
give up a scintilla of that portion of
responsibility which the crisis imposes
upon me. Indeed, fir, to have the
honor of beaiing my ffiare of it, is the
only inducement I have at this mo
ment for occupying a place on this
floor. Without that consideration I
should now be in retirement. But
when I turn my eyes upon internal di
visions, difeontents and violations of
law, and am compelled to think of
measures for their luppreffion, it pro-
due :s the mod painful fedfations and
diltrdfing reflections.
The gentleman from Connecticut
(Ms Goodrich) has been pleased to
remind me of my opposition to for
mer adminillrations; and he has
thought proper to aflfln me a higher
place in the ranks of the opposition
than I ever aspired to. If the gentle
man will review the proceedings of
forracr days, he will probably find
that my opposition, was and untied more
to the objects contemplated by former
admm’ftrationS, than to the means of
effecting objefls generally approved.
(Mr. Goodrich rose to explain.
He said that he did not mean to refer
to the gentleman’s opposition to those
adminillrations generally, but to the
transfer of legiflativc powers to the
executive particularly.)
I under flood the gentleman differ
ently, but {land corrected by his ex
planation, and will wave the intended
reply. 1 am now, however, unwill
ing to look into retrofpeOion; it
could only produce an unpleasant and
unprofitable examination—it is new
as n has been from the beginning of
the ftffion, my unceasing effort to
take a profpedtve view of measures:
I would rather follow the example of
a celebrated Roman conqueror. It
was his maxim always to forget the
last defeat, and to turn his whole tho’ts
upon the belt means of obtaining vic
tory h the next battle. Stimulated
then, fir, solely by a folicitudc to dis
cover what the public interests prof
pe&ively require, I will proceed, with
the molt rcTpectiul attention to the
gentlemen in the opposition, to exam
tne objections urged again!! this
bill, both generally and particularly.
ihe great principle of objection,
the gentUmen tell us, con lifts in the
transfer of the legifl dive powers to
the executive department. This is
an old and abftratl quedion, often
heretofore brought into view, and
leads to enlefs difeuffion. 1 think I
shall be able to fliew, that the bill in
troduces no tier/ principle in this ref
pe£t, hut only applies an cflabiifhed
principle to new practical objects.—
The general piinc/ple of *.f.e fe para
non of departments is readily admit
ted in the abftraft ; and the difficul
ties in this difeuffion arise from ap
plying the principle to practical ob
jects. The great difficulty cxifls in
the attempt to fix on the precise boun
dary line between legitlauve and exe
cuuve powers in their pra&ical opera
ion. This is not poflible. You
might attempt a Larch for the phiio
fopher’s flone, or the difeovery of
perpetual motion, with as much pros
pect of success. The reason of this
difficulty is, that the praAical ohjefcis
and events, to which this abflrabl ptin
ciple is attempted to be applied, are
perpetually varying according to the
practical progreilion of human affairs,
and therefore cannot admit cjfany uni
form flandard of application. ‘This
reflection might have saved the gen
tleman from Massachusetts (Mr.
Lloyd) the trouble of reading to us
the conltitution or bill ot rights of
Massachusetts, in which the principle
of the reparation of departments, is
very elearly and properly hull down,
and which will be very readily alfent
cd to in the abftrabt; but which forms
ro part of’ the queition jn dispute. It
cannot, however, elcape observation,
that this principle is not laid down
even in theabftratt in the conltitution
of the United States ; and although it
is the leading principle of the conftt
tution and probably was the principal
guide in its formation, it is neverthe
lcfs in several refpefts departed from
This body itfclf partakes essentially
both of the legifUuve and executive
[Whole No. 2io]
powers of the government. The cxe*
cuttve depaitmentullo partakes ot the
legifl 4 ttve poweis, a? tar at flail as m
approbation of, and a qualified nega
tive.upcn, ihe laws extend, Sic.
I make thel'e obleiv.tiotis, however,
not in derogation of the general prin
ciple of the separation of powers a
mongst the several drpait|i>ents, as far
as is practicable, but merely to shew
that there muff ncceffatily be fome
b mutations in its practical operation,
Pernaps the bt ft gentral rule tor guid
ing our diferetion up n this subject,
wid be found to consist in this; That
legislation ought to extend as far as de
finition is practicable; when definition
flops, execution muff necessarily be
gin. But fome f the particular pro
visions of this bill, will furnilh more
precise illuminations of tnv opinions
upon this queition; it will therefore
be waved, until I shall come to their
consideration.
1 will now proceed to examine the
more particular objections urged a
gainil the detail of this bill. Its pro
visions respecting the coafling trade,
are fLid to be objectionable in the fol
lowing respects
First objection- the penalty of the
bonds required, is laid to be cxceffive.
To enable us to decide correctly up
on this point, the object proposed tt>
be effected, and the penalty required,
should be confiden and in reference to
each other. ‘1 he object is to prevent
by means of coafling vcfltls, domes
tic articles from being carped abroad.
Flour, for inflance, to the Welt In
dies. Ihe price of that article here,
is less than hve dollars; in (he VVeff.
Indies, ir is Uid to be thirty and up
wards. The penalty of the bonds re
quired is fix times the amount of the
value of vtffel’ and cargo. Is any
gentleman prepared to lay, a fmaiffr
penalty will effect the object? I pre
sume not. Indeed, the committee
were disposed to put it at the lowt ft
possible point, confidently with an tf
'ecteration o! the object : and probab
ly it is rather too low tor that purpose.
As to the penally, according to the
tonnage of vefflls, it is believed, no al
teration in the exifitng laws, is made
in that re!pect. These penalties will
appear the more reasonable, w hen it is
• ecollected, that through the indu]-.
genee given the coafling trade, most
of the violations of the embargo law 6
have been contrived and effected.
Second objection—The collectors
may be influenced by party spirit in
the exercise ol their discretion. It is
hoped that tins will not be the
and if it were, it would certainly be
much to be regretted. It may, how
ever, probably happen, and is one of
the inconveniences of the system.
Third objection. The high penal
ties of the bonds, will drive many per
sons of small means from t.ieir accus
tomed occupations. 1 hey will not be
able to procure the competent securi
ty 1 Tor their prosecution. It is not to
be presumed that this will be the effect
to any great extent. If the owner is
known to be honest, and nas in view
lep-al and honest objects, I ha\c very
little apprehension of his not being able
to get the security required. But hete
the question recurs, are these appre
hended inconveniences, ox such a na
ture as to render it necessary to aban
don a great national object, lor the ac
commodation of the few individuals
affected by them ? Is the last effort to
preserve the peace of the nation, to be
abandoned from these considerations -
I should conclude, certainly not.
The next objections are made to the
7th section of the bill, which provides
that stress of weather, and other una
voidable accidents at sea, shall not be
given in evidence in a trial