CHAPTER XXIX

NULLIFICATION IN NEW ENGLAND

THE hostility of New England to the embargo policy of Jefferson was due to both economical and political considerations. The embargo was urged as the alternative to war; but even so the people of New England were put to a severe test. A temporary interdiction of trade might have been borne with a degree of equanimity; but a long-continued embargo was considered a blow aimed at Federalist commerce and trade. Evasion of the laws was carried to such a point that Jefferson was obliged to re commend measures of enforcement which he admitted were odious and dangerous. The legislatures of Massachusetts, Rhode Island, and Con necticut pronounced these acts unjust, oppressive, and unconstitutional, Connecticut went still further, and refused to comply with the demands of the National Government for the use of State militia to enforce the embargo.

war.

A similar attitude was assumed by Massachusetts during the War of 1812, which the Federalists denounced as a "party and not a national ." When General Dearborn made requisition for militia for service in defense of the coast, Governor Strong refused to obey the call. His reasons for not complying are stated in his correspondence, and were indorsed by the judges of the supreme court of the State. But in the case of Martin v. Mott, fifteen years later, the Supreme Court of the United States took an adverse view of the position assumed by the New England authorities.

81. Secretary of War to the Governor of Connecticut.1 Sir, The pressure of the embargo although sensibly felt by every description of our fellow citizens, has yet been cheerfully borne by most of them, under a conviction that it was a temporary evil, and a necessary one to save us from greater and more permanent evils, the loss of property and surrender of rights: but it would have been more cheerfully borne but for the knowledge that, while honest men were religiously observing it, the unprincipled along our sea-coasts and frontiers, were fraudulently evading it: and that in some parts they had even dared to break through it openly by an armed force too powerful to be opposed by the collector and his assistants.

1 American Register (1809), 177-78. January 18, 1809.

To put an end to this scandalous insubordination to the laws, the legislature has authorized the president of the United States to empower proper persons to employ militia for preventing or suppressing armed or riotous assemblages of persons resisting the custom-house officers in the exercise of their duties, or opposing or violating the embargo laws. He sincerely hopes that during the short time these restrictions are expected to continue, no other instances will take place of a crime of so deep a die. But it is made his duty, to take the measures necessary to meet it. He has directed me, therefore, to request you, as commanding officer of the militia of your state, to appoint some officer of the militia, of known respect for the laws, in or near to each port of entry within your state, with orders, when applied to by the collector of the district to assemble immediately a sufficient force of his militia, and to employ them efficaciously to maintain the authority of the laws respecting the embargo; and that you notify to each collector the officer to whom by your appointment he is to apply for aid when necessary. The president has referred this appointment to your excellency, because your knowledge of characters, or means of obtaining it, will enable you to select one who can be most confided in to exercise so serious a power, with all the discretion, the forbearance, the kindness, even, which the enforcement of the law will possibly admit; ever bearing in mind that the life of a citizen is never to be endangered but as the last melancholy effort for the maintenance of order and obedience to the laws.

Your excellency will please to instruct the officers so appointed, to have correct muster and pay rolls made out and transmitted to this department, of such militia as they may find it necessary, in the execution of their duties to call into actual service. . .

82. Governor of Connecticut to the Secretary of War.1

Sir, - I have received your letter of the 18th January, conveying to me a request of the president of the United States,

1 American Register (1809), 178-79. February 4, 1809.

that as commander in chief of the militia of this state, I would appoint a select number of officers of our militia, to whom the collectors of the customs may apply for military aid in certain cases, which may by them, be thought necessary for compelling obedience to the laws of Congress enforcing the embargo.

I have reflected that neither the constitution, nor statute of this state, have given to the commander in chief of its militia, any authority to make such appointment of officers as has been requested; nor does my information suggest to me, any authority given to the president of the United States, derived either from the constitution or laws of the United States, to call upon the executive of an individual state to take an agency in appointments, such as are contemplated by the request mentioned.

Conceiving also as I do, and believing it to be the opinion of the great mass of the citizens of this state, that the late law of Congress for the more rigorous enforcement of the embargo, is unconstitutional in many of its provisions, interfering with the state sovereignties, and subversive of the guaranteed rights, privileges and immunities of the citizens of the United States; I have from these considerations, deemed it peculiarly and highly improper for a state executive to contribute his volunteer aid in support of laws bearing such an aspect.

And when I reflect upon the extent of measures which must probably be resorted to for the enforcement of this law; a law which from the means contemplated for its support and execution, it would seem is to require all the military and naval force of the union, I cannot suppress my deep anxiety for the events it may produce.

I might also add, that I cannot be induced to risk my responsibility to the public by contributing towards placing a "serious power" in the hands, and at the disposal of men in whom I should not be able, in all instances, to repose the fullest confidence; more especially, when their individual acts and measures, may not always be under the regulation of the best motives, and when their proceedings in execution of this law,

will naturally tend to put at extreme hazard, the peace, lives, property and dearest rights of our fellow-citizens.

Under this view therefore of the subject, and with these considerations before me, my mind has been led to a serious and decided determination to decline a compliance with your request, and to have no agency in the appointments which the president has been pleased to refer to me.

While I take the liberty of thus declining this agency, you will be pleased to recollect, that on all former occasions, when constitutional applications have been made to this state, for the execution of the constitutional laws and requisitions of the union, the promptitude and readiness of their compliance, have merited and received the approbation, if not the applause, of the general administration of the United States. . .

83. Resolutions of the General Assembly of Connecticut.1

After solemn deliberation and advisement thereon, the general assembly are decided in the opinion, and do resolve, that the acts aforesaid are a permanent system of measures, abandoning undeniable rights; interdicting the exercise of constitutional privileges, and unprecedented in the annals of nations; and do contain provisions for exercising arbitrary powers, grievous to the good people of this state, dangerous to their common liberties, incompatible with the constitution of the United States, and encroaching upon the immunities of this state.

Resolved, That to preserve the union, and support the constitution of the United States, it becomes the duty of the legislature of the states, in such a crisis of affairs, vigilantly to watch over, and vigorously to maintain, the powers not delegated to the United States, but reserved to the states respectively, or to the people; and that a due regard to this duty, will not permit this assembly to assist, or concur in giving effect to the aforesaid unconstitutional acts.

Resolved, That this assembly highly approve of the conduct of his excellency the governor, in declining to designate per

1 American Register (1809), 180-81. March 1, 1809.

sons to carry into effect, by the aid of military power the act of the United States, enforcing the embargo, and that his letter, addressed to the secretary for the department of war, containing his refusal to make such designation, be recorded in the public records of this state, as an example to persons, who may hold places of distinguished trust, in this free and independent republic.

Resolved, That the persons holding executive offices under this state, are restrained by the duties which they owe this state, from affording any official aid or co-operation in the execution of the acts aforesaid; and that his excellency the governor be requested, as commander in chief of the military force of this state, to cause these resolutions to be published in general orders: And that the secretary of this state be, and he is hereby directed to transmit copies of the same to the several sheriffs and town clerks.

Resolved, That his excellency the governor be requested to communicate the foregoing resolutions to the president of the United States, with an assurance that this assembly regret, that they are thus obliged under a sense of paramount public duty, to assert the unquestionable rights of this state, to abstain from any agency in the execution of measures, which are unconstitutional and despotic.

Resolved, That this assembly accord in sentiment, with the senate and house of representatives, of the commonwealth of Massachusetts, that it is expedient to effect certain alterations in the constitution of the United States; and will zealously co-operate with that commonwealth and any other of the states, in all legal and constitutional measures for procuring such amendments to the constitution of the United States, as shall be judged necessary to obtain more effectual protection and defence for commerce; and to give to the commercial states their fair and just consideration in the union, and for affording permanent security, as well as present relief, from the oppressive measures under which they now suffer.