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Sparks, Edwin Erle, 1860-1924

"The United States of America, Part 1"


Writers compared the embargo remedy to a snake biting itself with
poisonous fang when surrounded by enemies; to a man cutting down his
tree to rid it of caterpillars; or to the fool who cut off his head
to rid himself of an aching tooth. The first anniversary of the embargo
was observed throughout New England with tolling bells, flags at
half-mast, and processions of unemployed seamen and artisans. The mayor
of New York forbade riotous gatherings. When a number of men disguised
as Indians retook a sloop caught by a man-of-war in forbidden trade,
their action was compared to that of the patriots who threw overboard
the East India tea.
It was claimed in the commercial States that the power "to regulate"
commerce, bestowed by the Constitution, did not cover an embargo or
prohibition of commerce. In advancing this argument, the New England
people quoted the opinion of the Virginia and Kentucky Resolutions
that "an unconstitutional law is not binding on the people." In reply
to this point made by the loose constructionists, the strict
constructionists could do nothing more than quote the implied power.


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