The enquirer. [volume] (Richmond, Va.) 1804-1815, 1809-01-14
mo. so

me TO examine this doctrine in reference to
the ~pre-existing practice OF this government
with more minute attention. In this cxani-
nation il will be found, that ut all times since
its establishment, when it mad an object in
view which conid not be dCfaed, ard of
Course could not be reached by legislation, it
has called in the aid of executive discretion
Tor the purpose, sometimes With mere and
sometimes with less limitation and lestricti.
on. In the first place let me call your attcn-
.::::., s:r - 49, AZ. q .l.e l:::. sc:e;n:. - C2a4
gress, to authorize the president 20 suspend
in Whole Or in part the several embargo
laws; in the following words:
- An act to authorize the president of,he
United States under certain conditions to
suspend the operation OF the act laying an
embargo OIL ali ships aud vessels in the
ports and harbors or the u States, and the
several acts supplementary thereto.
Be IL enacted or the Senate ind House IF
Representatives Of fhs y Sfafrs If .dinrri-
ca, I'm Congress assembled, That in ti,ce-
vent of such a peace or suspension of hos.i-
lilies between The beliigcrcnt powers of En-
rope, or of such changes in thtir measures
affecting neutral commerce, as may reader
that of the u. States sufficiently safe inStfe
Judgement of the president of the u. States;
ne is hereby authorized dnring the recess of
Congress to suspend in whole or in part, the
act laying an embargo on all ships and ves-
sells in the ports aud harbors of the u. States,
and the several acts supplementary thereto,
under such exceptions aud restrictions, and
on such bond and security beirggiven rs the
public interest and circumstances If the Gaze
may appear to require, provided such sns-
pension shall not extend beyond twenty days
after the next meeting of Congress.
Approved, 22d April, 1903. "
The principle upon which this bill passed,
is, that it related to an event not in exist
encc, that which might have occurred dur
ing the recess of congress; & if it had taken
place, 1t would have been all important to
the interests OF the people, that the suspen-
sion Of the embargo should take place in
consequence of the happening OF the cen
templated events; congress, therefore, af-
ter extending Legislation as far as it could
so IN defining the circumstance, in
which tine suspension might take place, did
not hesitatc'to trust to executive discretion
Tor making the necessary decisions and ar
engagements respecting all other circum-
stances which might occur, which could
not be foreseen /; because they depended up
on the will of foreign nations. which could
neither he anticipated nor controlled. But,
sir, perhaps gentlemen will be inclined to
disrespect this precedent, because it was a.
dCpted without the sanction of their votes.
Il will, thetefore, turn their attention To 4
precedent sanctioned | believe BY the uuani-
nous vote ofboth branches OF tie legislature.
and certainly by the votes Of the ger t!emaR
from Connecticut (Mr Hilhousc) nd nv
! self, and approved by the then President
(Gen washing on I a!lude to ar act passed
the hHnsc of representatives on the Sc
Ma, 1894 in the following words, approx
ed the An June.
An act to authorize the President of the u.
States to lay, regulate and revoke embar-
goes.
Be it esce.e! by the Senate AL H,u,e If R.sy..
seqtatives Of The Uri:}i St1tes IF Am~yisa, in Con-
gress Gssc1nblet That the president OF the United
States DE, aud is hereby authorised and empow-
cred. whenever in his opinion the public safety
SHALL SO require, to lay an embargo on all ships
and vessels in the ports Of the u States or the
ships and vessels of anv foreign nation, under
such regJlauous as the circumstances of the case
may require, and to continue Or revoke the same,
whenever he shall think proper. And tic pre-
silent is hereby fnliy authorised 10 give all such
orders to the Officers Otthe U3itcd States, az NAV
he necessary to carry the same into full effect:
Proviiei, That authority aforesaid shall not b..
exercised while the Congress of the United
States shalt be in cession, and anv embargo,
which may be laid by the president as aforesaid,
slsIl cease and determine "a fifteen days from the
actual meeting of Congress, next after laying the
anne.
Sec. .. Ara be ii further enacted, That ti,s net
htSH & HlIiNle ana De III lorCC ulut .jf!tt en- lqN q
afterthe commencement OF the next session of
Congress, and no longer.
fREpERicK huGUs.rs MuBLENBrRo,
S|sdfeT Jthe House Of Representatives,
RAAPH flAKp.
Pre''"'.n. ofthc Senate pro te,nbore.
[rfRovt p--SHAe .fwth, 1894.
GEO WASHINGTON,
I PresiIent ofte United 5tates"
This act givinp the President fine moe. n
qualified powers 70 lay, regulate aud revoke
emhargoes, was, ] believe passed unani-
mously by both houses Of congress but as |
was unwilling to trust to my recollection up
OH this psint, l have had reference to the
Journals of the house OF representatives at
that day for more presise Information, and 1
lind the feas were not called for upon the