Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 4 (of 16)United States. Congress
History
Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 4 (of 16)
United States. Congress
Law -- United States; United States -- Politics and government
Collectors of the customs throughout the United States, by the tenth
section, are empowered to take into custody specie, or any articles
of domestic growth or manufacture, under these circumstances, when
deposited in unusual places, in unusual quantities, in places where
there is reason to believe they are intended for exportation in
vessels, sleighs, or other carriages, or in any manner apparently
on their way towards the territories of foreign nations, or a place
whence such articles are intended to be exported. And, when taken into
custody, they are not permitted to be removed without bonds being given
for their being relanded in some place whence, in the opinion of the
collector, there is no danger of their being exported.
Without warrant founded on proof, from suspicion only, may this
unbounded license be exercised. Our houses, heretofore our castles, and
the secure abodes of our families, may be thrown open to the visits
of collectors to search for and seize our money and goods, whenever
instigated by suspicion, prejudice, resentment, or party spirit.
No place is to be protected; the people may every where be exposed,
at home, on the way, and abroad. Specie and goods thus seized without
warrant, and on suspicion only, are not to be removed unless and
until bond with sureties shall be given for landing or delivering the
same in some place of the United States, whence, in the opinion of
the collector, there shall not be any danger of such articles being
exported. These provisions strike at the vital principles of a free
government; and are they not contrary to the fourth and sixth articles
of amendments to the constitution? Are not these searches and seizures,
without warrant, on the mere suspicion of a collector, unreasonable
searches and seizures? And is not a man thereby to be deprived of
property without due process of law?
The military may be employed by such person as the President may have
empowered. He may designate, at certain places in the States, persons
to call out such part of the land or naval forces of the United States,
or of the militia, as may be judged necessary. Those will be selected
who are most convenient and in all respects qualified to act in the
scenes to which they may be called. In these appointments the Senate is
to have no concurrence. They are to be Presidential agents for issuing
requisitions to the standing army, for militia, and not amenable to
any tribunal for their conduct. Heretofore a delicate and respectful
attention has been paid to the State authorities on this subject. The
requisitions of the General Government for the militia have been made
to the Governors of the States; and what reason is there for taking a
different course to enforce the embargo?
Public-domain text, read in full here on John Shaqi.
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