History of the United States of America, Volume 4 (of 9) : $b During the second administration of Thomas JeffersonAdams, Henry
History
History of the United States of America, Volume 4 (of 9) : $b During the second administration of Thomas Jefferson
Adams, Henry
United States -- History -- 1801-1809; United States -- History -- 1809-1817
The arguments in its favor were arguments which had been once regarded
as fatal to public liberty. The first was made by Richard M. Johnson
of Kentucky: “If we have power to lay an embargo for one day, have
we not the power to renew it at the end of that day? If for sixty
days, have we not the power to renew it again? Would it not amount
to the same thing? If we pass a law to expire within a limited term,
we may renew it at the end of that term; and there is no difference
between a power to do this, and a power to pass laws without specified
limit.”[223] This principle, if sound, might be applied to the right
of habeas corpus or of free speech, to the protection of American
manufactures or to the issue of paper money as a legal tender; and
whenever such application should be made, the Union must submit to
take its chance of the consequences sure to follow the removal of
specified limits to power. Another argument was used by David R.
Williams, a representative South Carolinian. “The embargo is not an
annihilation but a suspension of commerce,” he urged,[224] “to regain
the advantages of which it has been robbed.” If Congress had the
right to regulate commerce for such a purpose in 1808, South Carolina
seemed to have no excuse for questioning, twenty years later, the
constitutionality of a protective system. Still another argument was
used by George W. Campbell of Tennessee.
“A limited embargo,” he said,[225] “can only mean an embargo that
is to terminate at some given time; and the length of time, if a
hundred years, will not change the character of the embargo,--it is
still limited. If it be constitutional to lay it for one day, it
must be equally so to lay it for ten days or a hundred days or as
many years,--it would still be a limited embargo; and no one will,
I presume, deny that an embargo laid for such a length of time, and
one laid without limitation, would in reality and to all practical
purposes be the same.”
This reasoning was supported by an immense majority in both Houses
of Congress; was accepted as sound by the Executive, and roused
no protest from the legislature of any Southern State. So far as
concerned all these high political authorities, the principle was thus
settled that the Constitution, under the power to regulate commerce,
conferred upon Congress the power to suspend foreign commerce forever;
to suspend or otherwise regulate domestic and inter-state commerce; to
subject all industry to governmental control, if such interference in
the opinion of Congress was necessary or proper for carrying out its
purpose; and finally, to vest in the President discretionary power to
execute or to suspend the system, in whole or in part.
Public-domain text, read in full here on John Shaqi.
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