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
Whatever might be their differences in other respects, Jefferson,
Madison, and Gallatin agreed on one common point. They held that
until some decision should be reached in regard to peace or war, the
embargo must be maintained and enforced. Neither the dignity nor the
interests of the country permitted a sudden break with the policy
which had been steadily followed during the eight years of their
power. Abandonment of embargo without war was an act of submission to
England and France which would certainly destroy whatever national
self-respect might have survived the mortifications of the last three
years; but if the embargo was to be maintained, it must be enforced,
and without new legislation strict enforcement was impossible. This
new legislation was demanded by Gallatin, in a letter of Nov. 24,
1808, addressed to Senator Giles of the Senate committee. December
8, Giles introduced a Bill conferring on Gallatin the “arbitrary”
and “dangerous” powers he asked. The new measure answered Gallatin’s
description. Henceforward coasting-vessels were to give impossible
bonds, to the amount of six times the value of vessel and cargo,
before any cargo could even be put on board; collectors might refuse
permission to load, even when such bonds were offered, “whenever in
their opinion there is an intention to violate the embargo;” in suits
on the bond, the defence was to be denied the right to plead capture,
distress, or accident, except under conditions so stringent as to be
practically useless; no ship-owner could sell a vessel without giving
bond, to the amount of three hundred dollars for each ton, that such
ship should not contravene any of the Embargo Acts; and by Section 9,
the whole country was placed under the arbitrary will of government
officials: “The collectors of all the districts of the United States
shall ... take into their custody specie or other articles of domestic
growth, produce, or manufacture ... when in vessels, carts, wagons,
sleighs, or any other carriage, or in any manner apparently on their
way toward the territory of a foreign nation or the vicinity thereof,
or toward a place whence such articles are intended to be exported;”
and after seizure the property could be recovered by the owner only on
giving bonds for its transfer to some place “whence, in the opinion
of the collector, there shall not be any danger of such articles
being exported.” The collectors not only received authority to seize
at discretion all merchandise anywhere in, transit, but were also
declared to be not liable at law for their seizures, and were to be
supported at need by the army, navy, and militia.
Public-domain text, read in full here on John Shaqi.
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