of Congress by Gallatin, the Secretary of the Treasury, upon
whom the administration of the embargo system chiefly fell. The two
principal difficulties so far encountered were the evasions of vessels
bound coastwise, and departure without clearance. "The infractions
thus practised threaten to prostrate the law and the Government
itself." Even to take cargo on board should not be permitted, without
authorization from the collector of the district. "The great number of
vessels now laden and in a state of readiness to depart shows the
necessity of this provision."
It was therefore enacted that no vessel, coasting or registered,
should load, without first having obtained permission from the
custom-house, and given bond, in six times the value of the cargo,
that she would not depart without a clearance, nor after clearing go
to any foreign port, or transfer her lading to any other vessel. The
loading was to be under the inspection of revenue officers. Ships
already loaded, when notice of the Act was received, must unload or
give bonds. Further to insure compliance, vessels bound coastwise
must, within two months after sailing, deposit with the collector at
the port of clearance a certificate from the collector at the port of
destination, that they had arrived there. If going to New Orleans from
the Atlantic coast, four months were allowed for this formality.
Failing this, proof of total loss at sea would alone relieve the
bond. "Neither capture, distress, nor any other accident, shall be
pleaded or given in evidence." Collectors were empowered to take into
custody specie and goods, whether on vessels or land vehicles, when
there was reason to believe them intended for exportation; and
authority was given to employ the army and navy, and the militia, for
carrying out this and the other embargo legislation. A further
provision of thirty armed vessels, to stop trade, was made by this
Congress; which otherwise, like its predecessors and successors, was
perfectly faithful to the party tradition not to protect trade, or
seek peace, by providing a navy.
All this was sitting on the safety valve. However unflattering to
national self-esteem it might be to see national legislation
universally disregarded, the leakage of steam by evasion had made the
tension bearable. The Act also opened to a number of subaltern
executive officers, of uncertain discretion, an opportunity for
arbitrary and capricious action, to which the people of t
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