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
Under our present system have not insurrections been suppressed,
rebellions quelled, and combinations and resistance against lawful
authority overcome, by the force of the General Government in
co-operation with the State Governments? Is not the authority of
the marshals competent to the execution of the laws? I see no cause
for these arrays of the military throughout the country, and the
unrestrained license that is to be given to its operations. It is a
fundamental principle of a free government, "that the military be kept
in subordination to the civil power," and never be put in motion until
those be found incompetent to preserve the public peace and authority.
But, by the provisions of this bill, these Presidential agents may
call out the standing army or militia, or part of them, to follow in
the collector's train, to seize specie and goods in houses, stores,
and elsewhere, and generally for executing the embargo laws. And
even the public peace, so far as respects the suppressing armed and
riotous assemblages of persons resisting the custom-house officers in
the exercise of their duties, it would seem can no longer be confided
to the States, and it is thought necessary to surround custom-house
officers with bands of the standing army or militia.
The bill before us is bottomed on a report of the Secretary of the
Treasury. How often were his strenuous remonstrances, and those of
the chairman of the committee who reported the bill, (Mr. GILES,)
formerly heard against the extension of the Executive patronage and
influence; the interference of the General Government in the local
policy of the States, and, the ordinary concerns of the people; and,
above all, against standing armies? Then no such Executive prerogatives
were claimed as this bill contains; no such attempts made as here are
made for intrenchments on the internal policy of the States, and the
ordinary concerns of the people; and then our army, small in comparison
with the present establishment, was kept aloof from the affairs of the
State, and the persons and property of the citizens. Our country was
happy, prosperous, and respected. The present crisis is portentous.
Internal disquiets will not be healed, nor public sentiment controlled,
by precipitate and rash measures. It is time for the public councils
to pause. This bill, sir, ought not to pass. It strikes at the vital
principles of our republican system. It proposes to place the country
in a time of peace under military law, the first appearance of which
ought here to be resisted with all our talents and efforts. It proposes
to introduce a military despotism, to which freemen can never submit,
and which can never govern except by terror and carnage.
TUESDAY, December 20.
_Enforcement of the Embargo._
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