three hundred dollars for each ton, that such ship should not contravene any of the Embargo Acts; and by Section 9, the whole country was placed under the arbitrary will of government officials: "The collectors of all the districts of the United States shall . . . take into their custody specie or other articles of domestic growth, produce, or manufacture . . . when in vessels, carts, wagons, sleighs, or any other carriage, or in any manner apparently on their way toward the territory of a foreign nation or the vicinity thereof, or toward a place whence such articles are intended to be exported;" and after seizure the property could be recovered by the owner only on giving bonds for its transfer to some place "whence, in the opinion of the collector, there shall not be any danger of such articles being exported." The collectors not only received authority to seize at discretion all merchandise anywhere in transit, but were also declared to be not liable at law for their seizures, and were to be supported at need by the army, navy, and militia.
In vain did Giles[1] and the other stanch followers of Jefferson affirm that this bill contained no new principles of legislation; that it was but an extension of ordinary customs laws; and that its provisions were "necessary and proper" for carrying into effect the great constitutional object,—the embargo. Giles held so many opinions in the course of his public life that no Federalist cared to ask what might be his momen-
- ↑ Annals of Congress, 1808-1809, p. 259.
