the instructions and regulations of the president, for his justification and defence. Thus the remedy of the injured citizen may depend, not on publick laws, but on secret executive instructions; which may never have been known to the party aggrieved, till the moment when they are thus produced to defeat his constitutional remedy.

The constitution of the United States, as well as that of this state, expressly prohibits unreasonable searches and seizures of the persons, houses and effects of the citizen. Yet by the ninth section of this act, every collector is authorized in the broadest terms to seize any property, not only when in carts or other carriages, but when in any manner apparently on its way towards the territories of a foreign nation, or the vicinity thereof; and he may detain it until bond is given, the amount of which is not limited by the act, and of course he is left to the arbitrary discretion of the officer. It is obvious that the terms of this section do not confine the collector to a seizure in cases only when the goods are in actual motion towards the suspected place. Of course there is no limitation to this tremendous power; and he may seize effects in any dwelling house in which they may have been deposited, if he chooses to suspect any ulterior destination, and so to conclude that they are in that manner apparently on their way towards a foreign country. This provision in both the constitutions referred to, evidently contemplates the necessity of a warrant to authorize these searches and seizures; which is to be issued by a civil magistrate upon probable cause, supported by oath. But under this section, the collector is made the only judge; no oath, no civil process, no formalities, are required. His only warrant is his own despotick will; and this may be executed, not by a peace officer of the government, but by a file of soldiers from the standing army.

Both these constitutions reprobate the exacting of excessive bail or sureties, and the imposing of exces

sive fines. If the general objects of these acts were in a high degree salutary, and generally approved, yet most men, it is believed, would agree that the fines they impose are in many instances excessive. But the amount, for which the citizen is required to give bonds with sureties, by many different sections of this act, is most manifestly a violation of the spirit and principles of these constitutional provisions. The smallest sum mentioned is six times the value of the goods, and in a case before alluded to, there is no limitation whatever; and a collector may demand sureties to any amount which his arbitrary will deems fit. It should be observed too, that in these cases the party is not charged with a previous offence, or even with intention to commit any; but all this security is deemed a necessary precaution against future possible offences by the most peaceable and orderly of our citizens.

Both these constitutions expressly sanction that principle of natural justice, that no man ought to suffer for actions which were lawful at the time of committing them. But by the third section of this act, many citizens are exposed to heavy pecuniary losses, are required to furnish excessive sureties, or finally to suffer a forfeiture of their property: and all this in consequence of proceedings, which were not only allowable, but expressly sanctioned by the laws of the United States, and specially permitted by their officers.

By the seventh sectiou of this act, the owner of a vessel is made responsible for the inevitable accidents of navigation, and even for depredations of a foreign power on the ocean. The only mode of defence allowed, will be found in most cases physically impossible. The party must produce the whole surviving crew on the trial, who must all be sworn as competent witnesses. If any one of them should accidentally be absent; if he should die in a remote part of the world, and his death not be clearly proved; if he should have any interest in the

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event of the trial, which would prevent his being a competent witness; if he should by the visitation of Providence have become insane, and incapable of testifying; if he should have become convicted of any crime which would authorize the rejection of his testimony; or finally, if he should be suborned, concealed, or spirited away, by any corrupt officer of the customs; in each of these cases, the innocent owner, in addition to the loss of his vessel and cargo, will be sentenced to pay the whole penalty of his bond, amounting to six times the value of the property he has lost.

In the tenth section of this act it is pretended to furnish a remedy for any unjust proceedings of the collectors. The party aggrieved is not indulged with a trial by jury, but must apply to a single judge of the United States Courts. If the judge should consider a seizure as altogether unnecessary and unjust, he cannot restore the property without receiving such bond as the act prescribes to be taken by the collector in the same case; in which event the aggrieved party will have obtained no redress whatever; and if the judge should otherwise determine, the complainant is liable to treble cost.

The committee will notice only one other part of this act which appears to be dangerous to the publick peace as it is injurious to publick liberty. By the eleventh section, the president, or any person empowered by him, may employ any part of the land or naval forces, or militia to enforce the execution of the embargo laws, and to prevent and sup press all opposition to them. Without commenting on the loose and indefinite description of the objects to which this military force is to be applied; the committee would remark, that almost every power given to the collectors may be enforced at the point of the bayonet; excluding the aid and the interference of the laws and magistrates of the country. The military power will no longer, in the language of our constitution, "be in subordination to the civil au

thority." And we are liable, at any moment, by the indiscretion of a petty executive officer, to be subjected to military despotism, or to be involved in all the horrours of civil warfare.

On viewing these provisions of the act under consideration, the committee do unequivocally declare their solemn conviction, that it is in many particulars, unjust, oppressive, and unconstitutional. They would by no means contend that this opinion, if confirmed and adopted by the legislature, would be decisive of the question. While the laws continue to have their free course, the judicial courts are competent to decide this question, and to them every citizen, when aggrieved, ought to apply for redress. It would be derogatory to the honour of the commonwealth to presume that it is unable to protect its subjects against all violations of their rights, by peaceable and legal remedies. While this state maintains its sovereignty and independence, all the citizens can find protection against outrage and injustice in the strong arm of the state government.

Any forcible resistance, therefore, by individuals; to the execution of this act of Congress, is not only unnecessary, but would be highly inexpedient and improper; it would endanger the publick peace and tranquillity, and tend essentially to injure and put at hazard that cause, on which nearly the whole people are now so zealously united. The committee are deeply sensible of that accumulated distress which has so long oppressed the whole community, and borne with peculiar aggravation on some particular parts of it. They cannot too highly applaud the unexampled patience and forbearance which has been already exhibited under this pressure of undeserved calamities. And they would earnestly recommend the exercise of the same forbearance, until all those peaceable and orderly means which the constitution and laws of our country will permit, and all those political expedients, which our habits and usages can suggest, shall have been exhausted in vain.

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It is to be regretted that no immediate and efficacious remedy can now be proposed for these numerous and aggravated evils. The committee, however, consider it their duty to recommend, without loss of time, all such measures as have appeared to them to be now practicable, and calculated to remove or alleviate the publick distress; they therefore ask leave to

Report in part, A bill to secure the people of this commonwealth against unreasonable, arbitrary and unconstitutional searches in their dwelling housesand also the following

RESOSUTIONS:

Resolved, That the act of the Congress of the United States passed on the ninth day of January in the present year, for enforcing the act laying an embargo, and the several acts supplementary thereto, is, in the opinion of the legislature, in many respects, unjust, oppressive and unconstitutional, and not legally binding on the citizens of this state. But notwithstanding this opinion, in order finally to secure a certain and permanent relief, it is earnestly recommended to all parties aggrieved by the operation of this act, to abstain from forcible resistance, and to apply for their remedy in a peaceable manner to the laws of the commonwealth.

Resolved, That a suitable remonstrance be prepared, and immediately forwarded to the Congress of the United States, from this legislature, expressing their opinions and feelings on the several subjects of complaint contained in the said petitions, and particularly urging the repeal of the said act of Congress, passed on the ninth of January last.

Resolved, That the legislature of this commonwealth will zealously co-operate with any of the other states, in all legal and constitutional measures, for procuring such amendments to the constitution of the United States, as shall be judged necessary to ob