The enquirer. [volume] (Richmond, Va.) 1804-1815, 1809-01-12
mo. 10.

NV pS othGT are QcTne1 or limited DY
any precise rule. Both are arbitrary with
in the spheres of their general authorities.
And the presidents instructions are abso-
lutte on the collectors, and attempted to be
made absolute on the court for their indem-
rlty. They are to be issued from time to
time, as supplementary laws TO enforce the
embargo. No direction is given BY the bill
eof sasi.. a>iis PuoiisiieG, wiuie they uvues-
sar1iy will and must have important effects
on the rights and interests of our citizens.
1t would still be some consolation If this un-
pleasant enquiry might step here but we
must enter on a more painful duty. I have
before asked, by what means are these an
precedented powers to be executed? They
are to be executed bv military force not to
be employed III aid of the civil authority, but
III the first instance, i'm the place, and to the
exclusion of the civil authority.
by the 18th section, I" it is made lawful
tor the president of the United States, or
such other person as he shall have impow-
cred, to employ such part ofthe land or ma.
val forces OF the United States, or of the
militia thereof as may be judged necessary
tor the purpose, i'll conformity with the pro-
visions of this and other acts respecting the
embargo, of preventing the illegal depar-
ture of any ship or vessel, or of OBTAINING.
taking possession OF, or keeping in custody
and guarding any articles of domestic
StoWlhy pEOuuIC vi lndlu1dCCuFc, anu also
for the purpose of preventing and suppress
sing any armed or riotous assemblsge of per-
sons resisting the custom house officers in
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"
The military may be employed by such
persons as the president may have empow-
cred. He may designate, at certain places
in the states, persons to call out such part
of the land or naval forces of the United
States, or of the militia as may be judged
necessary. Those will be selected who are
most convenient and in all reshrctS CTyuhf-
ed 20 act in The scenes to which they may
be called. In these appointments the sem
ate is to. have no concurrence. They are
to be presidential agents for issuing requisi-
lions TO the standing asrmy or militia, and
not aInruabie 10 any tribunal ior their 'uii-
duct. Heretofore a delicate and respectful
attention has been paid to the state autho-
rites on this subject. The req ,~iisitions Ok
the general government for the militia have
been made to the governors of the states.-
And what reason is there for taking a diff
ferent Course to enforce the embargo
Under our present system, have not in
surrections been suppressed. rebellions quel!
led, and combinations and resistance against
lawful authority overcome by the force OF
the General Government in CO operation
with the State Government? Is not the au-
thority of the Marshals competent to the
execution of the laws? Isee no cause for
these arrays of the military Throughout The
country, and the unrestrained license that
is to be given to its operations. 1t is a
fundamental principle of a free government,
that the military be kept in subordination
TO the civil powers. and never be put in mo-
ton till those be found incompetent to pre-
serve the public peace, and authority, But
By the provisions of this bill, these Presiden-
tial agents may call out the standing army
or militia, or part of them to follow in the
collectors train, to seize specie and goods,
in houses, stores, and elsewhere, and gene
rally for executing the embargo laws. And
even the public peace, so far as respects the
suppressing armed and riotous a~ssemGlages
Of persons resisting the custom-house Off
GERS in the exercise of their duties, it would
seem Can nolonger be Conlided to the States /,
and it is thought necessary to surround Gus
ton-house officers with bands Of the standing
army, or militia.
The bill before us is bottomed on a report
Oft il Secretary of the Treasury. How often
were his strenuous remonstrances, and those
of the Chairman of the committee who re-
ported the bill, (Mr. Giles) formerly heard
| against the extension of executive patronage
and influence ? the interference of the gene
RAJ government in the local polity of the states
and the ordinary concerns of the people, and
above all. against standing armies! Then
no such executive p%rerogatives were claimed
as this bill contains; no such attempts made
as here are made for entertainments on
the internal polity of the states, and the or
dina Y concerns Of the people, and then orr
army, small in comparison with its present
establishment, was kept aloof from the af-
fairs oftae state and the persons and proper
~ of cur citizens.
Oar country was happy, prosperous and
respected. The present crisis is porten-
tous. Internal disquiets will not be healed,
nor public sentiment confronted by precipi-
tate and rash measures. 1t is time for the
public councils to pause. This bill, sir, ought
not 20 pass. 1t strikes ut the vital principles
Of our republican system. 1T proposes to
place the country in time Of peace under
military law, the frs, appearance Of which
eight here to be resisted with all our talents
and eft1rts. 1t proposes to Introduce a mi
litary despotis,n, to which frecmen can ne
yer submit, and which can never govern,
except by terror and carnage.
NOTE.
Subsequent 10 tie aehyery Of this sheech,
TIRE bill 7g9G ~recOmmittcd anil Mc second
: aection rGhEnCeG ard m2GJfcations zvere
ntadc in sfhe~a, sgithom essentially chang