Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1809-01-13
HOUSE or REPRESENTATIVES
THURSDAY, January 5.
Ma. CHrrrENDEN'S RESOLUTION

THURSDAY, January 5.
J MR. CHITfENDEN'S RESOLUTION.
J MIR. Basset, from the com nittee of the
! whole, to whom this resolution was referred,
and which had it yesterday under conside
ration, reported, that for a want of suffi-
Client number of members to 10 business, the
committee was dessolved-An incident be +.
lieved to be novel in legislation.
! the Speaker decided, that in consequence
J OF this procedure. the resolution was now
at the dis josal of the House.
ENFORCING The EMBARGO.
| On motion OF Mr.. Nicholas. the Hnu sc re-
| solved itself into a committee OF the whole,
Mr.. BASSET i'll the chair, on the bill for
enforcing the embargo and the several acts
supplementary thereto.
Mr Eiio. said he should commence
where he left oif the day before Yesterday,
and proceed III the discussion with all the
spirit consistent with GOODNESS. He went
almost through the bill section by section,
commenting at ength upon them. Toe
ny section he stated specific objections. Be q.
| fore he concluded his remarks, however,
| the chairman observed Shat the gentle man
could not object 70 sections, which had been
amended, as they could not according 10 the
rules OF the House be struck out 4; and there
was now TO motion for the committee TO
\ 81,
an intimation that he would renew them
at future stage Of the bu,lness.
The committee tAen rose and reported
the bill.
The amendments having been gone
through,
! MIR. Eppes offered a new section to the
oil repsaIng so mach of the supplemental
J ry act of March 18th last, as empowers the
President to permit vessels to depart from
I the u. 5 to bring IN property. This pow !.
ler he said was now not necessary, whdte p
yer it might have been, and had been made
a pretext for evasions.-Asreed to without
| opposition.
! M p.tlzin moved to strike on: of the 9th
caon the words III HaHc in the following ::
J That the collectors of all the districts,
&c Sin all be aWthOr.ssit To Seize produce, sc.
| When thecs is reason to believe Ihat' they
are intended for expectation, or zvhen in
~ SseiS, carts, v1ggons, s4eighs, or any o .
tier carriage, or in any mAlner ahharent-
I tn, on their 7vay Towards the territories #
la foreign natjon or the vicinity thereof,
or tozva ,ds Mace 7vhere such articles are
intended 10 be erhorfed" He believed
that It gave despotIc power to collectors,
with military force, to arrest any property
20 NJ out of the country--to take even a
ltrunk Of citizen, which might nave mo
lney IN It, going from one pIrI of the coun-
try TO any place where 1t might probably
be exported. This power to seize proper
y in any vessels, Carts, sleighs, sc. sap.
, Iparenly on their wy towards the terrific
Tres OF a foreign nation" was arbitrary ana
Idespotic Not a cart he said, c0sld travei
lnorth ~ardly bat was going t07vards the ter
ritcries OF foreign nation, but would be
subject to this despotic power, &c. NJ
) similar power had ever been given by any
law passed n this country or any other. a
man cOnd not carry his wheat to market il
the mill lay in a direction towards for
eign country, without being liable to sesure.
rhe 4th article o. the amend to the
constitution says, "The right of the people
10 be secure in their persons, houses, pa
pers and effects, against unreasonable sc ar
ches and seizures, shall not be violated, and
no warrants shall issue, but upon probable
lcause, supported by oath or affirmation, and
particularly describing the place to be scar.
ched, and the persons or things to be seiz
ed' What was unreasonable seizure 20
IF this power to seize authorised by the bill
were not unreasonable, he could not see
: what was. Was not this violation of this
7 article of the constitution In article 5tf
no man "shall be compelled in any crimi
nal case to be witness against himself, moi
De deprived oflife, liberty or property with
out due process of faw" II deprived ofhi.
property in this way, was it not, he asked
{ taking his property without due process o.
law IF the article of the constitution
meant any thingthe bill proposed vioati
on OF it. Mr. Pitkin also adverted to the
novelty, if not unconstitutionality of giving
, to maritime courts jurisdiction over occur
FENCES taking place on the land. He fear
ed for the consequences of the thing
if the law was enforced. Whilst gentle.
men took measures prefessedly for defen-
ding our rights on the ocean, he begged them
to take care not to destroy them on the land
The bill was to maintain our right to sail
without impeachment from either of the bel.
lgerents and for this purpose they we're
about to destroy the rights for which we
, had even foughl and blcd. Thinking thus,
ne felt himself bound TO move the amend
ment, tho he feared it would not be agreed
TO, for he perceived that this bill was
promptly TO pass by an overwhelming ma
llority. He did nos believe that this bill
was necessary to enforce the embargo; and
fit was, it was one of the strongest aTgu-
ments against the embargo itself.
I Mr.. Basset observed that all the arru