Alexandria gazette, commercial and political. [volume] (Alexandria [Va.]) 1812-1817, 1814-01-08
THE EMBARGO.

to be wondered at, for 1t would seem,
that the law was enacted rather as an ex-
pertinent upon their fassive loyalty,
than as measure Of pressure upon the
enemy. The operation Of the law upon
their pursuits is grieveus enough Of IT.
self, but the President, in the exercise OF
bis dictstorial power, has thought pre-
per to render it still more oppressive.
The trainers Of the bill, either from in
adyertsnce or humanity, did leave the
psepls of N. England an oppor.saity to
escape starvatios but their inients.
whether wicked or charitable, In this
particular, have been completely frus-
trated by the Presidents instructions.
By the 9TH socti.n of the act laying
an Embargo On all ships and vessels In
the ports and harbors Of the g. States;
it obviously appears to have been the
intention rfths Legislature to permit the
prosecution of ths fshiug trade. The
section is in these words" .4,.a be il
farther enacted, That the owner or own
ers OF vessels licencod tor fisheries, or
those bound OH whaling voyage, and
having no other cargo, than necessary
sea. stores, salt, and the usual fishing
taekling and apparel, shall give gene.
"a. bond in fous times tho value of the
sesscl and cargo, that they will not dur
ing the continuance OF this act, proceed
to any foreign port or place, and will re-
turn with their fishing fare, to some port
or place within the y. Slates.n SO that
1t was obviously the meaning OF the Le-
gislaturc that this trade, so indispe5sa-
bly, necessary To- the subsistence Of
large portion Of TIE people Of New En-.
gland, should be permitted, notsith-
standing the Embargo. upon certain con.
dititions. Indeed, it does appear to bare
been tse wish Of Congress, tsat this
trade should not only be allowed, but
that it should be prosecuted with the
least possible difficulty by those con.
csrnea in it. The owners of vessels EN-.
ploycd in that trade, are not to be put
T. the trouble Of giving bond for each Sc
pers!e voyage which they may make,
but are Only required TO give genera
6oSd, which bend enables them to carry
On their usual business during the con.
tinuanoe of tbe Embargo law Upon the
same principle, that of regard to me
syan!s and arcees;ties Of the citizens
vessels whose employment has been u
niformly ceb6scd to the navigation of
bays, sounds, rivers or lakes, within The
jurisdiction of the United States or the
territories thereof, are to 30 permitted
to prosecute their accustomed trade 4
The president, however instsucts tho
Collectors, "nst to take the bonds re-
qaired IN the 9TH section, from vessels
licensed for the fisheries on these bound
On a wishing VOYAGE" The bonds re-
CURED from the first mentioned descrip.
,ioa Of vessels wit These whoic
employment is confined to thu navisa-
tien OF bays, rivers, sounds, &c. are 10
be taken, aud such vessels allowed to
depart. This in,erdiction to. fishing YES.
sells, the President justices under the
first section Of the law, which in the u
susi form prohibits athe clearances OF
American t-ssel,," (unless in cases I'm
der the special direstion Of the Presi-
dent Of the U. States. But surely MIR.
Madison is too well acquainted with the
proper construction Of laws, to believe,
that under this clause he is authorised
to annuM the substantive asd important
provisions therein after reserved. 1t is
rnaxin in Jurisprudence, SO toconstrue
~ ~
laws. Ut Res magis valeat guam
Notwithstanding May rather be good
than void. But according to the con.
s,ruetioa which. the President has put
upon sLe Law in question, the important
provisions expressed in the law, as to
the right Of prosecuting the fishing
trade, are entirely annuiled; and that
annuIlment is founded upon the partial !