The enquirer. [volume] (Richmond, Va.) 1804-1815, 1809-01-17

reign aggressors, rather than unite in an,
measures to resist and repel their aggressi-
ons.
Gentlemen have even gone so far as to oh
Ject to the Clause tor the protection of the
public officers from vexatious suits for the
discharge OF their duties. 1t is believed that
this provision is not only Correct ia itself, but
that it exists III the laws of the several
states & in the laws of the union !; the only re-
ply therefore, that / shall make to this sugses-
ton, Will consist in reading the clause obiec-
tel to III this biii, and a similar clause in the
existing laws.
Extract from the bill /: /" And if any acti-
on Or suit be brought against any collector
or other person, acting under the direction
OF and IN pursuance OF this act, he may plead
the general issue, and give this act and the
Instructions and regulations of the Presi-
dent in evidence for his justification and de-
fence"
Extract from one ofthe existing nazvs:
SEC. II. THAT if any officer or other
person, executing or aiding or assisting in
The SEIZURE OF goods, shall be sued or moles-
ted for any thing done in virtue of the DOW
ers given by this act. orby virtue ola warrant
granted by any judge or justice pursuant to
law, such officer or other person may plead
the general issue, and give this act and the
special matter lii evidence: and if i'm any
such suit the plaintiff is. nonsuited, or iudg-
mcnt pass against him, the defendant shall
recover double costs: and in actions, suits or
iniormations to be brought, where any Sci
zure shall be made pursuant to this act, if
the property be claimed bv any person, in
every such case the onus Probandl shall be
upon such Claimant"
The gentleman from Connecticut (Mr.
Eoodrich) not Content with finding fault with
| the Dartlc.tnt. nrnNiSionS ~ t!,. I'm L..
ventured to give it a general Character
lie has ventured to cali it a military des-
potlsm ;--lhls surely would be a most a.
farming mark TO stamp on the forehead of
TINS Dli-lt true, the bill. would certainly
be left without an advocate. But, sir, before
J enter into an exam inaticD of this harsh and
unchai1tablc Suggestion, permit me to ask
what Is the situation OF the United States
at this moment. as it respects peace or war?
1t can hardly be said, thai the United
otates are ut peace, when two belligerents
are making wal on them when some OF the
essential attributeso national sovereignty. at
tempted to be forcibly arrested from, them.
The most that can be said, if we are at all at
peace, Is, that it is a peace like war, and in
my Judgment would authorize the adoption
OF any measure, which would be justified in
a state OF war. And in the event OF war.
are we to expect to meet with little cavils
and diihcultIes OF this kind, with every mea-
sure which may be proposed tor the annoy-
ance OF the common enemy i hope not, sir.
III we should unfortunately he driven into war
after SO many patient efforts to avoid it; |
nope and trust It will not be "A war like a
peace: But that the Whole energy of the ma
ton MI be brought to bear upon the enemy
both by land and seal hope the war will
be vigorous and in that case, | an sure
that 1t vii; be short anG successful. Let
me, then, sir, under this exposition of our
real situation, examine this terrible sug.
Sestioli brought againt this bill--what is
IL, "hich hAs doomed irtot.lis unwarrantabie
reproach line only section which has the
reno est reference to the use of military
force, is the eleventh, which is in the follow
ing words
SEC. IL. ".Hnd be ii. GLrtAer enacted, That
1t snail be lawful for the President of the u
Iited Statcs or such other person AS he shall
nave empowered tor THAI purpose, to employ
such part OF the land and naval forces or mi
iitla OF the United States ard of the terrific
ries thereof as may be deemed necessary,
in conformity with the provisions Of this and
other acts respecting the embargo, for the
purpose OF preventing the illegal departure
OF any ship or vessel, or of OBTAINING, TAX
ing possession OF. and keeping in CUSTODY any
snip on vessel, or of taking into custody and
guarding any specie or articles OF domestic
growth, produce, or manufacture, and also
Tor the purpose of preventing and suppress
sing any armed or riotouS asseInb,age of per-
sons resisting the custom house officers i'm
the exercise OF their duties, or in any man
ner opposing the execution of the laws lay
ing an embargo, or otherwise violating, or
assisting and abetting violations of the same
1t viii be found upon examination, that
this section contains no new principle but
like others which hayc been objected to,
merely applies an old principle to a new OBJ
Iect. IN justification oil this assertion, per-
nit me here to read an extract from an act
OF Congress which will be found in the 7th
volume OF the laws, page 1856 in the follow
ing words-they will be found to be precise
y OF the same import with the material words
OF the section under discussion.
AN act for the more e~ffectual preserva-
ton OF peace Ill the ports and harbors of the
y. states, and in the waters under their ju-
risdiction.
Sec 5. Ind be IL, &c. That wliensoe-
YER any armed vessel Of a foreign nation en-
terlng the harburs or waters within the ia
risdiction Of the u States, & required TO de-
part therefrom, shall fail soto do, it shall be
ha72lHl Jor the President Of The o. Stafes, or
such other Person az he shall have en1ho7v-
ercd JoT that PURPOSE, to emhioy Such hart
81 the idnd aud naUat f1rce8 offhe United
states, or the miLtia thereof, as he, shall
deem necessary, 10 c0mfet the said armed
vessel 10 DEPART, &c.
IL