party in power
looked to Jefferson for leadership; but since Madison's election, he had
assumed the role of "unmeddling listener," not wishing to commit his
successor to any policy. The abdication of Jefferson thus left the party
without a leader and without a program at a most critical moment.
Under the circumstances it was easier to continue the embargo than to
face the probability of war. Gallatin had already urged the need of more
stringent laws for the enforcement of the embargo,--laws which he
admitted were both odious and dangerous. On January 9, 1809, Congress
passed the desired legislation. Thereafter coasting vessels were obliged
to give bonds to six times the value of vessel and cargo before they
were permitted to load. Collectors were authorized to refuse permission
if in their opinion there was "an intention to violate the embargo."
Only loss at sea released a shipowner from his bond. In suits at law
neither capture nor any other accident could be pleaded. Collectors at
the ports and on the frontiers were authorized to seize goods which were
"apparently on their way toward the territory of a foreign nation." And
for such seizures the collectors were not liable in courts of law. The
army, the navy, and the militia were put at their disposal.
The "Force Act" was the last straw for the Federalists of Massachusetts.
Town after town adopted resolutions which ran through the whole gamut of
partisan abuse. The General Court of Massachusetts resolved that it
would cooperate with other States in procuring such amendments to the
Constitution as were necessary to obtain protection for commerce and to
give to the commercial States "their fair and just consideration in the
government of the Union." Governor Trumbull, of Connecticut, flatly
declined to allow the militia to assist the collectors in the
enforcement of the embargo, holding that the act to enforce the embargo
was unconstitutional, "interfering with the state sovereignties, and
subversive of the guaranteed rights, privileges, and immunities of the
citizens of the United States." The legislature rallied to the support
of the governor with resolutions which breathe much the same spirit as
the Virginia and Kentucky Resolutions of 1798.
The incessant bombardment by the New England towns was too much for
Jefferson's equanimity. "I felt the foundation of the government shaken
under my feet by the New England townships," he said in after years. His
control ove
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