# State Documents on Federal Relations/16n

The General Court of Massachusetts on the Embargo.
1808, 1809.
The embargo act, passed December 22, 1807 (U. S. Stat. at Large, II, 451–453) was at first acquiesced in by the majority of the people in New England, and the Democratic-Republican party being in control of the State government of Massachusetts, the General Court passed a resolution, February 8, 1808, declaring that "we consider the imposing of embargo a wise and highly expedient measure, and from its impartial nature calculated to secure to us the blessings of peace." (Resolves of Mass., 1808, 89, 90.) As the distress resulting from the embargo increased, resistance began to show itself, and gradually political power returned to the party in opposition. The Federalists carried both branches of the legislature by a small majority in the spring of 1808, although the Republican Governor, James Sullivan, was re-elected. The change in the legislature is at once apparent in their "Answers" to the Governor's "Speech," June 9, 1808, in which the embargo is denounced and its constitutionality questioned. (Resolves of Mass., 1808, 164–173; see also Barry's Mass., III, 359, 360, note.) A similar spirit is shown in the November session (Ibid., 207), and on November 18, 1808, the legislature instructed the State's delegation in Congress to procure the repeal of the embargo laws. (Amer. State Papers, Commerce and Navigation, I, 728–729.) But Congress, instead of repealing the obnoxious laws, passed a stringent enforcement act, which became a law January 9, 1809. (U. S. Stat. at Large, II, 506–511.) This called forth the pent-up anger and indignation of the Federalists. The protests and resolutions of the various towns in the State vied with each other in their vehemence, and there were ominous whisperings of secession. (Adams, United States, IV, 408–419.) Such was the situation when the General Court re-assembled, January 26, 1809. The Lieutenant-Governor, Levi Lincoln, an ardent supporter of Jefferson, succeeded to the duties of the ​executive office, owing to the death of the Governor. In his "Speech" to the legislature, he deprecated the agitation against the laws of the land, condemned the action of the town meetings as seditious and uncalled for, and suggested further restraints upon the licentiousness of the press as desirable. (Resolves of Mass., 1809, 221–229.) Both branches of the legislature "answered" with spirit, as the extracts given below show. They also adopted a Report and Resolutions on the petitions of the town-meetings, extracts from which follow; dispatched a Memorial and Remonstrance to Congress (Amer. State Papers, Commerce, etc., I, 776–778) issued an Address to the People of the Commonwealth, suggesting as "indispensable amendments" to the Federal Constitution, one abolishing the three-fifths representation for slaves, and another "to secure commerce and navigation from a repetition of destructive and insidious theories," and declaring that "nothing less than a perfect union and intelligence among the Eastern States can preserve to them any share of influence in the national government" (Patriotic Proceedings, 126–130; Hildreth, VI, 151–154); denounced the acts of the Lieutenant-Governor in detaching State militia to aid in carrying out the Enforcement Act "as irregular, illegal and inconsistent with the principles of the constitution;" passed a bill "against unreasonable, arbitrary and unconstitutional searches," which was intended to prevent the execution of the Enforcement Act, but which was vetoed by the Governor; and finally, set apart a "Day of Humiliation and Prayer."
The threatening attitude of Massachusetts and several of the other New England States led the federal administration to consent to the repeal of the Embargo, and the substitution of a non-intercourse act. (March 1, 1809, U. S. Stat. at Large, II, 528–533.) The recent experience of the State led Governor Gore to suggest, and the Legislature to propose, June 20, 1809, an amendment to the Constitution, placing a limit on the duration of an embargo to "thirty days from the commencement of the session of Congress next succeeding that session in which said law shall have been enacted." (Resolves of Mass., 1809, 312, 313, 356, 357.) This recommendation appears to have received only the approval of Connecticut, but was disapproved of by the legislatures of at least eight States. (Ames, Proposed Amendments, 264, 329.)
References: In addition to the above, the texts of the important measures are given in The Patriotick Proceeding of the Legislature of Massachusetts, [Boston, 1809]; several are found in The American Register, 1809, Part II, 183–209 [Phila., 1809]; The Memorial to Congress is also given in Amer. State Papers, Commerce, etc., I, 776–778; Annals of Congress, 10 Cong., 2 Sess., 444–450; for debate on same and refusal to print in House of Rep., Annals, 538, 539; for history, see Adams, United States, IV, esp. 398–453; Hildreth, VI, esp. 75–79, 108–117, 151–154; McMaster, III, esp. 321–331; Barry, Massachusetts, III, 352–364; Adams, New Eng. Federalism, esp. ​372–379; Lodge, Cabot, 366–407 in passim; Quincy, Life of Josiah Quincy, 120–130, 138–165, 171–186; Writings of Jefferson [Ford's ed.], IX, 20Z, 227, 235–239, 244, 248–250; X, 352–354, 356; consult Channing and Hart's Guide, § 171; MacDonald's Documents, 176, 177.