tary theory of the Constitution; but whether as a matter of law he was right or wrong, he could hardly dispute what Gallatin in private admitted, that the powers conferred by his Enforcement Act were "most arbitrary," "equally dangerous and odious." The Senate knew well the nature of the work required to be done, but twenty senators voted for the passage of the bill, December 21, while only seven voted in the negative.
In pressing this measure at a moment so critical, Gallatin may have been bold, but was certainly not discreet. If he meant to break down the embargo, he chose the best means; if he meant to enforce it, he chose the worst. The Eastern congressmen made no secret that they hoped to resist the law by force.
- "This strong tone was held by many of the Eastern members in a large company where I was present," wrote the British minister to Canning Jan. 1, 1809; "and the gentlemen who so expressed themselves declared that they had no hesitation in avowing such opinions, and said that they would maintain them in their places in Congress."
They were as good as their word, and when the bill came before the House arguments and threats were closely intermingled; but the majority listened to neither, and January 5, in a night session, forced the bill to its passage by a vote of seventy-one to thirty-two. January 9 the Enforcement Act received the signature of President Jefferson.
