The enquirer. [volume] (Richmond, Va.) 1804-1815, 1809-01-12

ing out or the embargo to ~Gcr:ecate. The
coastuig trade is nearly ruiscd already by
. the destruction cf the fsaign trade. Both
these valuable interests, ike the the great
interests OF L free and commercial people,
are interviewer with each other. and, while
we are shvt out from a commercial. inter
Course with the rest cf the world, the go
J vernment ought to aEiord bv every facility in
its power an encouragement 10 a commerce.
al intercourse between the states.
Inc collectors may rcihse permission to
put n cargo OH board of any ship, vessel or
boat specified in this section, whenever, in
their opinion there is an intention to violate
the embargo, or wIie.evcr they shall nave
received instructions to that effect by direc-
ton of the president CT the United States.
Hereby, the collectors are deputed TO be
vicercys over in The spheres they
occupy under the supremacy of the presi-
dent. AS we shail:meet with an analogous
provision in a subsequent paragraph, ! at
present wave further remarxs OH Tie danger
oas policy of .vesting the President with such
enormous power.
HE fifth section treats of the trade uni
tormiy carried on in rivers, BAYS, sounds ard
lakes. 1t is there enacted, 'SThat the col
~lectors of customs be, and they are hereby
authorised to grant, under sucl general in
struction as the President of die u. States
may give to that effect, a general per.nissi-
on to hip vessels. or boats, whose employ
mcnt has uniformly been confined to the ma
VACATION o. bays, sounds, rivers uriakes with
in the jurisdiction of the u. States, when it
can be done without danger of tile embargo
being violated, totake on board at any time
such articles of domestic OF foreign growth
MS may be designated in such general permits
SION or permisSlons, bond with one or more
suretles being previously given to the Uni
ted States by the owner, owners, consignee
or factors of such ship, vessel or boat, and by
the master thereof in an amount equal to
three hundred dollars for each ton of the
said vessel, that such vessel shall not, du-
ring the tine limited i'll the condition of the
bond, depart from any district of the United
states without having previously obtained a
clearance, nor until the master or comman-
der shall have delivered to the collector or
surveyor OF the port of departure a manifest
OF the whole cargo nn boa ri, thai the said
vessel shall not, during the time above men
toned, proceed to any other port, than that
mentioned in her clearance, or put any ar
ticle on board of any other vessel, or be en-
pioyed In any foreign trade and that on G.
very voyage or trip the whole of the cargo
shall be landed in a port of the u. States
within the bay, sound, rivers or lakes to which
the navigation OF such vessel is confined"
The amount of the bond prescribed in the
clause, is three hundred dollars for each ton
OF the vessel; and it is not less Objectionable
OIL account of its magnitude, that in the case |
have just aIimadvcrted on, whether COM
pared with the ~reiaiiye abiiIitits OF the two
Classes OF coasters on whom the respective
provisions operate, or the objects in view
and 1t is more grievous to the districts of
country dependant ON the trade and Ultimate
y concerned in its prosperity. The naviga-
ton OF the ocean. we deny, and have long de-
MED to our citizens-that between states is
implied (; and | fear we are going ON, from
time to time by piece meal, to offer up the
trade between districts OF the same state at
the shrine OF our embargo system.
Ihe coastlng trade is placed under the
regulation OF the President by this bill.
l. Collectors may refuse permission to put
a cargo on board of any ship, vessel, Oh boat
i'll every case where they have their own per
sonal suspicious, that il is intended for foreign
expectation. and liza every Case which NAY be
con unprecedented within the scope of any gene
raj instructions issued by command of the
PRESIDENT. But there is a proviso as TO coas-
eng vessels uniformly employed in the navi-
CATION OF bays, sounds, rivers & lakes, which
snail have obtained q permission.
2. General permission may be granted to
the iaSt mentioned vessels, under such gene
raj Instructions as the President of the u.
States may give when it can be done without
danger OF toe embargo being v~iolated to take
on board such articles as may be designated
Ill Such G-ncral permission or permissions
BY these general Instructions, the presi-
dent may prescribe tine kind, and quantity of
exports from, ard imports into the individu-
al states, and from and 10 the particular dis
tricts within q state,-he may suspend them
Iii part or in wh>ie.
Inc power OF issuing general instructions
now proposed to be given to the President by
law, he exercised in the recess of Congress,
and III my opinion witlnu: Jaw. The COVER
nor OF Massachusetts was authorised to give
certihcates, or licenses for the importation
OK dcur into that state 4; and under general
Instructions from the president, without per-
s"nai suspicion Of his own, the collector of $
Carolina detained a vessel; which called
forth the independent exercise of the judicial
power OF lie circuit court in that state, "a
c%ontroul the Presidents Instruction. am
sensible the auUinistraticn and its friends
nave an arduous task in executing the en-
Dargo-diHicultics tssct them on every side
difficulties inherent IN the measure itself. 8,
not to be overcome by accommodating rigorous
penalties, and the extension o. the executive
power. The power to regulate commerce
is vested in Congress; and by granting it to
the President, do W. not transfer to him one
OF the most important and delicate Of the L.
g~isiative powers! What state would have a.
uNpted the constitution. If il had heen