2570. EMBARGO, Opposition to.—[further continued].
The case of opposition to
the Embargo laws on the Canada line, I take it
to be that of distinct combinations of a number
of individuals to oppose by force and arms the
execution of those laws, for which purpose they
go armed, fire upon the public guards, in one
instance at least have wounded one dangerously,
and rescue property held under these
laws. This may not be an insurrection in the
popular sense of the word, but being arrayed in
warlike manner, actually committing acts of
war, and persevering systematically in defiance
of the public authority, brings it so fully within
the legal definition of an insurrection, that I
should not hesitate to issue a proclamation
were I not restrained by motives of which your
Excellency seems to be apprized. But as by the
laws of New York an insurrection can be acted
on without a previous proclamation, I should
conceive it perfectly correct to act on it as such,
and I cannot doubt it would be approved by
every good citizen. Should you think proper
to do so, I will undertake that the necessary
detachments of militia, called out in support
of the laws, shall be considered as in the service
of the United States, and at their expense.
* * * I think it so important in example to
crush these audacious proceedings, and to make
the offenders feel the consequences of individuals
daring to oppose a law by force, that no
effort should be spared to compass this object.—
To Governor Tompkins. Washington ed. v, 343.
(M.
Aug. 1808)
