ing our coasts and waters by the accommodations and supplies afforded them from our own ports, from which they derive a subsistence attainable with difficulty, if at all, from other sources, while the infractions of the non-importation law are stated to be so numerous and open as imperiously to call for new restrictions and regulations, both as to importations by pretended neutrals, and as to pretended ransoms.

4. This message of the president was read and taken into consideration by both houses with closed doors, and their secret proceedings shortly after eventuated in the passage of an act imposing an embargo on all vessels within the limits of the United States, cleared or uncleared, except foreign vessels in ballast, or with the cargo on board at the time of being notified of the act, other than provisions or military and naval stores, provided their officers and crews consisted wholly of foreigners belonging to nations at amity with the United States at the time of the arrival of the vessel. All public and private armed vessels, whether American or foreign, were also exempted from the operation of the embargo; but privateers were to be examined before clearance, so as to prevent their taking any cargo. The president was also empowered to authorize the collectors of the customs, when in his opinion it could be done without danger of the embargo being violated, to grant permission to vessels and boats whose employment had uniformly been confined to the navigation of bays, rivers, &c. within the jurisdiction of the United States, on giving bond for the performance of the duties required by the act, to continue their usual employment.

Every vessel that was loaded at the time of the receipt of the act at the custom-house of the port, was required, under a penalty of the forfeiture of vessel and cargo, to discharge its cargo within ten days, or give bond in double the value of such vessel and cargo, not to proceed on the intended voyage without permission, and the collectors were authorized, until the cargo should be discharged or the bond given, to take possession of the vessel, and to take such other measures as might be necessary to prevent its departure. Very heavy penalties were also imposed on the loading any vessel, or any cart, waggon, &c. with the intent of exportation, and collectors were authorized to seize them on suspicion.

Powers were granted to the president, or such other person as he should authorize, to employ if necessary the land or naval forces or militia to carry the embargo into operation, and to suppress any riotous assemblage opposing its execution, and the public vessels and privateers were authorized to capture any

vessel which should have violated its provisions, and to send it in for adjudication.

This embargo was declared to be in force from the time of the passage of the act till the first of January, 1815, unless a cessation of hostilities with Great Britain should previously take place; in which event, or in any other that in the opinion of the president should render it compatible with the public interest, he was authorized to declare its termination by public procla

mation.

§ 5. A short time after the passage of the embargo law, Mr. King, of Massachusetts, offered some resolutions in the house of representatives, declaring that the constitutional powers of congress do not extend to the suspension or interdiction of the coasting trade from a district in one state to a district in the same or an adjoining state on the sea-coast, or on a navigable river.

The house refusing, by a majority of 95 to 65, to consider this resolution, Mr. King, a few days afterwards, offered the following resolutions :

1. Resolved, That the representatives of the people, in congress assembled, cannot, consistently with the provisions of the constitution and the nature of our government, refuse to consider any resolution offered by any one of said representatives. Therefore,

2. Resolved, That the refusal by the majority in this house to consider the resolutions offered by one of the representatives of the people of Massachusetts, on Friday the 14th of January, 1814, asserting the right of the people, and of the respective states to a free state coasting trade, interdicted by an act of congress, was an infringement of the right of the representative, and of the privilege of a member of this house, to be heard on this floor in behalf of his fellow citizens, and an injury to the people. And therefore,

3. Resolved, That the decision of the majority of this house, not to consider the resolutions before named, offered by a member on Friday the 14th inst. on the subject of the state coasting trade, be, and the same is hereby rescinded.

And to provide against such abuse in future,

4. Resolved, That the following be added to the rules and orders of this house, viz.: That every original motion or resolution, in writing, offered by any member (the nature, reason, and object of it being first stated by him, if he sees fit) shall be immediately received by the clerk and read, and thereupon be before the house for consideration, to be disposed of as the house may judge right. And such resolutions and motions shall be in M

VOL. III.

order, and be called for by the speaker, immediately after reports from select committees; and if any question of priority arise, it shall be decided, in the order of states, as in the case of petitions. The question, will the house consider these resolutions, was decided as follows:

For the consideration of the first resolution
Against it

For consideration of the second
Against it

For consideration of the third
Against it

116

43

92

17

116

21

102

The fourth resolution was laid on the table, agreeably to a rule of the house, which ordains that all resolutions altering the rules of the house shall lie on the table one day, and was never again taken up.

On the 18th of January, Mr. King submitted another resolution, instructing the committee of foreign relations to enquire into the right of so amending the embargo act, as to permit such coasting vessels as were absent from the district where they were owned or employed at the time of the act going into operation, to return home with their cargoes, on such conditions as may be constitutional.

06. This resolution was passed, 82 to 69, after verbally amending the words in italics, which were considered unmeaning, and accordingly on the 3d of February a bill was reported by the committee, which was passed by both houses, and ratified by the president on the 4th of March. This act empowered the president to authorize the collectors of the customs, to grant permissions to vessels detained by the embargo in districts other than those where they are owned or belong, to return home, in ballast, or with the cargo on board at the time of the embargo taking effect, except in the case of provisions, or naval and military stores, on giving bond for four times the value of vessel and cargo, for her compliance with the conditions agreed on. No passengers were to be allowed to be transported in those vessels, except the owners, supercargoes, or agents, nor more than a sufficient number of seamen for their navigation, of the sufficiency of which number the collector was to be the judge, and a penalty of $ 500 was imposed for every seaman shipped that should not be relanded, except in case of death, or other unavoidable casualty. No vessel to be entitled to the benefits of the act unless permission should be applied for three months after its passage. The president was authorized, however, to

grant permissions to vessels that might be employed on public account, to return home in ballast at any period during the embargo.

Several amendments were proposed to this bill by the minority, in the house of representatives, going to extend its provisions, or relax its restrictions, so as to allow the vessel, permitted to return, to carry provisions and naval stores and passengers, but all of them were rejected by the house.

Mr. Wilson, of Massachusetts, moved to add a new section to the bill authorizing the president to permit the coasting trade from one port to another of the same state. Among other arguments in favour of his motion he stated, that in some districts of the state of Massachusetts there was not, in the most prosperous years, more than one-fourth enough provision raised for the consumption of the district; and, if the inhabitants meant to support life, the law lately passed left them no other alternative, than that of breaking it, or leaving the soil. Some of the islands, too, he stated, with which, under the embargo law, all commerce was interdicted, were entitled to send representatives to the state legislature, who were thus prevented from attending at the seat of government. These towns also contributed to send a representative to congress; and such was the absurdity of the law, that if a representative were to be chosen from one of these islands, he could not attend the duty, because he was prohibited from moving. Mr. Wilson also doubted the constitutional power of congress to interdict the intercourse between ports in the same state, contending that as an express power was given to regulate commerce with foreign nations, between the different states, and with the Indian tribes, the expression of these excluded all other power on this head, and of course excluded the power of regulating commerce within the states.

Mr. Grundy, of Tennessee, in reply, said, that an investigation of this subject at the present moment would much delay the passage of the bill, which the gentlemen on the other side had represented as absolutely necessary, and that another opportunity of discussing it would shortly come regularly before the house.

The opposition to the bill was chiefly grounded on the character of instability which it would give to the measures of government. If we are to have commerce, it was said, let us have it free and unrestrained; if embargo, let it be complete and stable.

The bill finally passed the house by a large majority; 100 voting for, and only 40 against it. Many of the usual majority and minority changed sides on this occasion.

97. While this bill was on its passage, another of a similar nature was enacted, which originated in the senate. This bill

authorized the president, during the continuance of the embargo, to grant permission, on application, to any of the inhabitants of the island of Nantucket to employ vessels for the purpose of conveying fuel, provisions, and other necessaries from the main land to the island, and for carrying oil, spermaceti candles, and fish, from Nantucket to the main land, under the regulations and security required by the embargo act*.

In the house of representatives, Mr. King, of Massachusetts, proposed to amend the bill so as to extend its provisions to any other island or place in the United States or territories, which should be similarly situated with Nantucket."

This was opposed by Messrs. Grundy, Farrow, and Wright. If there were other places, it was said, requiring the interposition of congress, separate applications would be made in their behalf. The people of Nantucket had made out a case entitling them to relief; but of the situation of other places we have no information on which we can act. If the object of the house was to preserve the embargo, they ought to be very cautious in adopting any measure which might defeat that object. It was hoped, therefore, that gentlemen would not persist in an amendment which would defeat the bill.

The amendment was negatived, only 49 voting in its favour; and the bill finally passed, 105 to 8.

8. On the 2d of March, Mr. Wright, in the house of representatives, after a few preliminary observations, moved that a committee be appointed to enquire into the expediency of suspending the embargo law during the impending negociation for peace. In the course of his observations, he said, that he thought he was justified, from the conduct of both governments, in the belief that an armistice will be agreed to on the commencement of the negociations at Gottenburg, as the practice of all nations, as well as the two powers now negociating, evinced this to be the common usage of nations. If, then, continued he, the sword shall be sheathed during the negociation by an armistice, that sword that can only wound the enemy, I ask, if the two-edged sword, the embargo, ought not during the negociation also to be sheathed, that which cuts both friends and foes? And whether it is not our duty to test our devotion to our constituents, and to relieve them from all pressure that may not be absolutely necessary? Their patriotic submission to it, while absolutely necessary to press the enemy, entitles them to its removal, while the prospect of peace induces a hope that it may not be

A permission of a similar nature was granted by congress, to the inhabitants of Nantucket, in 1775. See Journals, vol. i. p. 109, 276, 289.,