Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-03-09

and Effects against unreasonable searches and seizures
shall not be violated" lie then read from the lst sect
OF the bil " That whenever, by of unlawful OBJ
sructons combinations assemblages Of persons il shall
become impraetcable in the judgment of the President
TO execute the revenue laws, and collect the duties on
imports in the ordinary way, any collection district il
shall and may be lawful for the President TO direct that
the custom-house for such district be established aud
kept IN place within port harbour of
such district, either upon Land board vessel
in that case, it shall be the duty of the Collector TO re-
side such place, aud there dean all vessels and car
goes arriving within the said district until the duties n-
posed on said cargoes by law be paid in cash. deuctng
interest according to existing laws"-Gen. Root main
tanned, that this power defdn the vessels and cargoes
was power To seize the property OF the citizens c. aud
was irreconcileabe with the Constitution. Another OBJ
JeeuOn was, that this monstrouS and unconstitutional
power was TO be exercised whenever, the Judgment
OF me PreSident, certain contingency had occurred,
&c sc. Gen. II. said that this arbitrary power
that this bill established DeSpOiism, sc. 1t had been
asserted Gen r. said. that powers of the kind had
been given TO Mr. Jefferson. This he positively and We
hcmently denied.
Satisfied that General II. was mistaken on this point
anu being moreover under the Impression that this very
Identical objection had been urged against the act
passed Tor the enforcement of the embargo which, you
no doubt well remember, raised great clainor (al-
though an an opposite qudTter) as that which is din
nlng around us,- have looked into the law of 1902 and
also into the debates upon il. The following extracts will
SHOW you, that my recoeotions the subject more
accurate than those Of General II. do not offer them as
proofs that the measure was right My faith pinned
e sleeve oil no man; and deem the of Mr.. Jeer-
son as ut subjects for my scrutiny and Judgment the
acts OF any other President But YOU will agree with me
in considering their having proceeded from him-tbeir
having been warmly supported by such then re-
presented us IN their having been empha
ucay approved Gas they were) by the people and the e
g'sIdure. throughout the whole Southern Western
country besides many parts OF the North, warranting
Tue presumption that they fragrant violations
oil he Constitution and ofthe essential principles OF liberty
III haste yours with esteem and friendly regard Sc
House 0f Representatives. January s. 1909.
ENFORCING THE EMBARGO.
MT Fhh' oil Connecticut, moved TO strike out Of the
9'h section the words in itdc, in the following: "That
The collectors OF all the districts in the u States
and they hereby authorized to take into their custody
specie OF any articles OF domestic growth produce
nuIacture found on board of ship vessel boat or
other water craft when there is reason to believe that
they are intended Tor exportaon tchen in resseiS
carts UogOnS Sieighs anu other caryinge or i'm ann
manner apparently their cay to,cards theterritories
foreign nation the uicinity thereof or totcards
pace Whence such articles intended TO be exported
ana not TO permit such articles be removed until bond
wh sufficient surees shall have been given for the land
ing or delivery OF the i'll place the w. States
whence In the opinion OF the collector there shall be
any dangero such articles being exported. lie belev-
ed That 1t gave deSp0tc power collectors with militia
prce' TO arrest any property going out OF the country
10 lake even trunk OF citizen, which ght have mo
ney In IT. going from part Of the country to any place
where 1t might probably be exported. This power TO
seze property III any vessels, carts seighs, &c appa-
Teh'y on their way towards the territories foreign
hauon, was arbitrary aud despotic Not cart he sad
could travel northwary, that going otcards the ter
toes oil foreign nation, but would be subject TO ulis
ueSpohc power &c No similar power had been ei-
ven by any law passed in this country, or any other
man could not carry his wheat to MARKET il the mill Law i'm
direction towards foreign country, without being liable
to seizure The m article the amendments TO the consti
tnuon says-the right OF the people be their
persons houses papers, effects against
searches and seizures, shall be violated" &c What
was unreasonable seizure? If this power TO seize auho-
IZeu by me blI were not unreasonable he could
wha was, &c "Mr. p also adverte to the novelty not
uhcohsnunon"i'y giving TO maritime jurisdiction
over occurrences taking place the land He feared
Tor me consequences OF the thing, il the law
ell, &c :" The bill 10 maintain our right TO sail
without impeachment from either of the beigerents: and
or 'hs purpose they about destroy the rights for
which we had fought and bed Thinking thus. he
ie't himself bound TO move the amendment though lac
feared would not be agreed for he perceived that this
3'I was promptly TO pass by an overwhelming majority.
ne dlu not believe this bill necessary TO enforce
the embargo; and il ii was, one of the strongest ar
guments against the embargo itself
Mr bGsSeH GOT Nirgjnia) observed that all the arg,-
mems oil The gentleman had been directed against the
woid towards The striking towards and inserting
10, would obviae his objections. Gentlemen talked of
'O"dY measures sc. Was il arbitrary TO keep pro-
Ince al home and TO compel those who had the fear of
GOD before Iheir and love OF country their hearts,
TO respect the laws of their country? Surely not il was
Out Jsuce Was not the design to make Idtcs operate
eq"dEy, both honorable and aulable?" sc.
hir LPPes (oi virginia. said tlat il he conceded in
opinion WIN the gentleman from Connecticut the sub
Jec OF the bill, he should unique sonaby vote ag anstt
Du he could not believe that it either violates the Const
luton or established a new jurisdiction He well
convince" II me gentleman would attend TO
laws he would find infinitely greater powers had been
gwen by Ihem In almost the first revenue law which
ad been passed under this Constitutions importation bv
land had been wholly prohibited; he asked the aer.
uoh OF The House 10 the terms of the law because il prov
q" h'' our revenue officers had exercised jurisdiction Oh
lana as well He the 10Th section of the
ACT provide more efec,ually for the collection of duties
&c his principle, MIR. T.. said precisely the same
with that now proposed &C. "Mr T.. auoed several
other parts OF laws, SC. And yet said Mr.. E. when
we now propose 10 give the power in the very same
WORDS we are told that UiOIGting the COnsfifu-
non ana destroying the rights nj the citizen! The
constitution had wisely provided that the citizen should
ne secure IN ms person and property But if mans
properly were nuni under such circumstances as 10 a
horZe belief that he intended 10 violate law Of the o.
s. was 1t an inr1cou OF the right of the citizen TO cam
pei him to give bond that he will not -
Mr. LUeTH1Ore cot Massachusetts, thought This sec.
on and indeed the whole bill could not be understood v
gentlemen or there could be difference of opinion on
me SUBJECT The bill, indeed, had been very essentially
altered since 1t came from the Senate for before il va
"nenue' II contained provision by which a collector
VINO had any particular hatred to any man. might 70 with
band OF soldiers and seize hs property rEppes de-
eh mat Tie bIl had contained any such proyision Mr.
H. Sau d Tie collector authorized 10 seize property
when he believed INTENDED for exportaion not contn
ing HE night OF seizure to any particular limits were
Ot Tor The amendment made 10y the House fl money
ah been accumulated in bank Mr. j. said that il might
nave oeeh seHed under pTeeHce suspicion that IL
was intended Tor expectation And as the bill nOiC stood
suppose man travelling from this place 10 Baltimore
Wch Is an exporting place having wii him in his car.
rage or vehicle sum Of money would be in the poycr
oi any person TO seize IT, saying that il was intended for
exploration, and keep u I'LL he had been able 10 procure SCI
csIy Tor It's retention ia the u. SC He consider
Gu "e o'' as VeSlng arbitrary powers in the Executive
ana oppressive TO the citizen This The tCGy in tohich
o." countries hGd lost their liberties by gradual assurnp
uohs ana delegations Of powers Rome had not establish
eu dictatorship IN day; gradual approaches woro al
ways made 10 dcsposm."
60 IL