State Documents on Federal Relations/19

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19. Delaware and the Embargo.

January 30, 1809.

Delaware, the only Federalist State outside of New England, next showed its opposition to the embargo policy of the administration, through the adoption of the following resolutions by the House of Representatives. When these resolutions were presented to the Senate, February 1, a systematic attempt was made to defeat them, by motions to postpone, or to substitute other resolutions strongly indorsing the policy of the administration. These, however, were defeated, but several amendments modifying the language of the resolutions were agreed to, as follows: 1) Striking out the words in the the third resolution, "as a war measure worse than futile." 2) Striking out the fifth resolution. 3) Striking out the words "unwise and arbitrary laws" in the seventh resolution, and inserting in lieu therefor the words "laws however oppressive." 4) Causing the last part of the eighth resolution to read, "and that they will defend their country, when necessary, from the aggression of every foreign or domestic foe." Thus amended the resolutions were concurred in by the Senate by a vote of 5 yeas to 3 nays, but the House immediately refused to accept the Senate's amendments. The Senate thereupon reconsidered their amendments, adhering to all, except the one striking out the fifth resolution, from which it receded. Thus the two houses failed to agree. But in December the Legislature passed resolutions disapproving of the amendment to the Federal Constitution, proposed by Massachusetts, limiting the duration of an embargo.

References: Text:—Journal of the House of Representatives, 1808–1809, January 27 and 30, 1809, pp. 62, 63; Journal of the Senate, 1808–1809, January 31, and February 1, 1809, pp. 64, 65, 74–81. Dover, 1809. Resolutions disapproving amendment, Annals, II Congress, Part I, 658.

In the House of Representatives, January 30, 1809.

Whereas, the measures pursued by the government of the United States, have justly excited considerable interest in the United States, and silence on our part might be construed into an approbation of those measures—

Therefore, 1. Resolved, By the Senate and House of Representatives of the State of Delaware, in General Assembly met, That we cannot approve the policy of those measures that have annihilated the commerce of the United States, and brought distress and ruin on our citizens, while at the same time they have done no injury to the enemies of our country; that we cannot approve the policy of an administration that does not act with impartiality and sincerity towards all foreign nations.

2. Resolved, That the people of the United States have a right freely to navigate the ocean, and to carry on a fair and honest commerce, and that we highly disapprove a policy that relinquishes those rights, or dares not defend them.

3. Resolved, That we consider the embargo, as a war measure, worse than futile, as a measure injurious to ourselves, destructive to the best interests of the country, and evidently intended to be partial in its operations against the belligerent nations; and that it becomes the United States, a great and gallant nation, to defend its rights in a manly, open, and efficient manner.

4. Resolved, That we consider the act to enforce, and make more effectual, an act, entitled, "An act laying an embargo on all ships and vessels in the ports and harbors of the United States," and the several acts supplementary thereto, approved on the ninth of January, one thousand eight hundred and nine, by the President of the United States, as an invasion of the liberty of the people, and the constitutional sovereignty of the State governments.

5. Resolved, That it will be dangerous to the freedom of these States, to place at the disposal of the President of the United States a standing army of fifty thousand volunteers.

6. Resolved, That, in our opinion, the present embarrassed and unhappy situation of our country might have been avoided, if the administration had pursued the wise and prudent policy of the immortal Washington.

7. Resolved nevertheless, that we have the fullest confidence, that the patriotism of the good people of the United States will induce them to submit to unwise and arbitrary laws, rather than resort to violence; and that they will use the remedy pointed out by the constitution for the evils under which they suffer, rather than jeopardize the union of the States, and the independence of their country, by an open opposition to the laws.

8. Resolved also. That the legislature and people of the State of Delaware feel no foreign partiality, and that they will defend their country from the aggression of every foreign foe.